Land Registry questions

Falafels

Land_Registry said:

Falafels said:

Hi there again; just seeing if the application had managed to get to the 'top of the queue'! I was just wondering if there had been any progress with an application to cancel a lease, title no. HW51114.

It was actually completed yesterday and the register updated 

Thank you very much for your help!

magpie

Land_Registry said:

magpie said:

Hi, I am in the middle of selling my late mothers property. The boundary lines are not very clear as everything has been overgrown for years and I don't know where her property ends and the neighbours begin. I have asked the very elderly neighbour and he does not know either and is not very helpful as he and my mother did not get on . Both properties were built over 60 years ago and have only been occupied by original residents. How do I establish where the boundary lines are please? Many thanks

I would start by checking the registered title to confirm how it is registered. If unregistered then you would be reliant on any paper deeds you may hold. 

Our Practice Guide 40 supplements 3-5 inc then provide wider guidance 
If you require assistance in interpreting the registered or unregistered information then I would recommend finding a surveyor (RICS) to report for you. 

And it might be prudent to encourage your neighbour to do the same as if you are looking to define where the boundary lies then involving the neighbour and securing an agreement is a ‘must have’ in my experience 

Hi, Thank you for the information. This is what I have found:-

"This is a copy of the register of the title number set out immediately below, showing

the entries in the register on I xxxx at xxxx. This copy does not take account

of any application made after that time even if still pending in HM Land Registry when

this copy was issued.

This copy is not an 'Official Copy' of the register. An official copy of the regisLer

is admissible in evidence in a court to the same extent as the original. A person is

entitled to be indemnified by the registrar if he or she suffers loss by reason of a

mistake in an official copy. If you want. to obtain an official copy, the HM Land

Registry web site explains how to do this."
How do I find out how the property was registered please? Many thanks

Land_Registry

magpie said

Hi, Thank you for the information. This is what I have found:-

"This is a copy of the register of the title number set out immediately below, showing

the entries in the register on I xxxx at xxxx. This copy does not take account

of any application made after that time even if still pending in HM Land Registry when

this copy was issued.

This copy is not an 'Official Copy' of the register. An official copy of the regisLer

is admissible in evidence in a court to the same extent as the original. A person is

entitled to be indemnified by the registrar if he or she suffers loss by reason of a

mistake in an official copy. If you want. to obtain an official copy, the HM Land

Registry web site explains how to do this."
How do I find out how the property was registered please? Many thanks

So you’ve got the register and now need the title plan for the registered extent/general boundaries. 

Please do view the example online and read the PGs I referred to before buying  

biscan25

Hi,
I need to remove my name from the deeds of a property for no monetary consideration. The 4 individuals currently named on the title own the property as joint tenants, and joint tenancy will be maintained after but with 3 names. I think I need AP1,TR1 and ID1/ID3 for all four individuals, could you confirm that this is correct? 
Also, I'm in the process of buying a house, so the above needs to be done by the time of completion on the other property so I don't incur stamp duty on the second home rate.I understand there is a long waiting time for processing, would this qualify for expedition and be finished within the next 8 weeks or so?
Thanks
Anthony

bravotango

Hi @Land_Registry,

Just a quick question.

On the TR1 form, I am the only sole person named as the transferee (i.e. the buyer), there is only a single transferor (i.e. seller), and I am not filling in parts 10 or 11.

Do I need to sign the TR1 form and get it witnessed in part 12?

I've read the guidance on the UK Government website, and I'm sure I don't need to sign it, nor get it witnessed. Only the transferor needs to get it signed and witnessed is my understanding of what it is stating as per guidelines.

Thanks

Land_Registry

bravotango said:

Hi @Land_Registry,

Just a quick question.

On the TR1 form, I am the only sole person named as the transferee (i.e. the buyer), there is only a single transferor (i.e. seller), and I am not filling in parts 10 or 11.

Do I need to sign the TR1 form and get it witnessed in part 12?

I've read the guidance on the UK Government website, and I'm sure I don't need to sign it, nor get it witnessed. Only the transferor needs to get it signed and witnessed is my understanding of what it is stating as per guidelines.

Thanks

If panels 10 or 11 are completed then the transferee must also execute the Transfer as explained in our online guidance 

SweetPie

Hi @Land_Registry
We were wondering if you could help please. 
We are leaseholders of a property and our new neighbours are disputing the boundary line between our properties (which has come to light due to their planning application). 
The land registry documents clearly show where the boundary to be in line with our view. However, they are contesting this (not legally) on the basis that some fences etc are not in the exact position as the official documentation. 
We have provisionally come to a verbal agreement on the positioning of the boundary. We wish to formalise this with the land registry and had the following questions: 
1. Are we legally entitled to agree the specific boundary with our new neighbours without consulting the freeholders (both of us are leaseholders as is common in our area)?
2. Some solicitor/surveyors have suggested we submit an AP1 form with a boundary agreement, others have said a BD1 form?  Which one is the correct one? We are planning to get a joint-surveyor to draw out the new boundary line plan, which will not deviate from existing features by more than 20cm.
3. Because the other party have gone back on a previous agreement, we are inclined to have a formal written agreement. Can we submit this as sole evidence for the new boundary with a BD1 form? If so, whose name should be on the application form? Both parties or will one party suffice?
Many thanks for your help!
Cake

Land_Registry

SweetPie said:

1. Are we legally entitled to agree the specific boundary with our new neighbours without consulting the freeholders (both of us are leaseholders as is common in our area)?
2. Some solicitor/surveyors have suggested we submit an AP1 form with a boundary agreement, others have said a BD1 form?  Which one is the correct one? We are planning to get a joint-surveyor to draw out the new boundary line plan, which will not deviate from existing features by more than 20cm.
3. Because the other party have gone back on a previous agreement, we are inclined to have a formal written agreement. Can we submit this as sole evidence for the new boundary with a BD1 form? If so, whose name should be on the application form? Both parties or will one party suffice?
Many thanks for your help!
Cake

We can’t advise you on the law but if you, as leaseholders, want to formally register any such agreement you are going to need to involve your freeholders (and mortgage lenders) in such an agreement. So it’s very important to establish how you intend to agree (verbal, written or legal deed) 
A boundary agreement or a determined boundary are options. Which is correct depends on what you want to achieve so have a read of our Practice Guide to help decide 

The PG also explains who needs to be involved. You will struggle to formalise anything if you are not both involved 

meer53

Hi. Wondered if anyone can clarify for me which forms I need to be completing to register a piece of land under Adverse Possession ? Long story short, bought house in 1987, started using land as garden in approx. 1993, land completely enclosed with fence and hedge. We have been unable to find out who originally owned the piece of land.  I have evidence that we have used the land as garden since then. I called the Land Registry and have downloaded forms FR1 and ST1 but have been told by someone that there is a simpler way of doing this ? Is there anyone who can confirm this for me please ? 

darkwarrior

Hi @LandRegistry
Per this thread I started here -https://forums.moneysavingexpert.com/discussion/6167891/find-out-who-owns-a-driveway/p1?new=1

Can you please advise me on how I would find the owner of a drive way where it does not appear to be present on deeds?

This is the area I am looking at and this is my original post. I do not know if adverse possession applies as it has been overgrown for decades by our plans and then I have cleared it up and maintained it. It was not mentioned on a recent house listing for the property I was told it belonged to and is not on deeds for the nearest houses.

https://www.google.com/maps/@53.5619962,-2.1122329,3a,75y,221.59h,82.31t/data=!3m6!1e1!3m4!1sBIgQ169wekAw3160iWpUwg!2e0!7i13312!8i6656

There is a cul-de-sac behind my home with rows of a few terraces homes, a gap, and then another series of terraced homes. Only 2 or 3 of the homes has an attached garage, out of about 20 properties, and there are a few detached garages positioned together that belong to some of the homes.

Directly behind my house are two driveways immediately next to each other. One has a garage built on it and is in use, the other is just a seemingly abandoned drive way. The entrance is too thin to use if the other drive way is in use. It's hard to remember what exactly it was like out there 30 years ago, but basically our back gate had some stone steps that let down onto the cul-de-sac. Over the decades, some Russian Ivy we had growing over our fence basically completely overgrew this abandoned drive way and the steps and since we never went out that way it wasn't really an issue. It just created a nice green view.

In the last few years, we needed to get a new fence because the old one was like 4 decades old and being crushed under the weight of the ivy and reducing our privacy. I had to cut the ivy back for the fence to be done, and as part of that I decided to start making use of the new gate by making some new steps. Since the steps were already there I assumed this was our right of way.

Now the abandoned driveway I was led to believe belonged to the nearest terraced house. Even though it is one of the few homes there with an attached garage and drive way. I was led to believe this by a) the son of the guy who owned it rudely saying "I hope you clean all that up", referring to the left over twigs from me basically making the drive way usable by cutting back 20 feet of bush, and b) a separate nasty person complaining that I was restoring the steps because "she's lived there for 40 years and you're not entitled to make those steps". Fabulous neighbourhood.

Anyway, that house has changed hands now twice since in about 3 years and still no-one has used it or is using it even though the new occupants have two cars and only one can fit on the attached driveway. On the most recent sale I noticed that no second drive way was mentioned in the sale listing, which made me wonder if this was just something someone had decided to claim and done it for so long that other people had believed they owned it. I downloaded the deed for that property and it makes no mention of the additional drive way either. Maybe it has just fallen into the ether because no one knows about it.

The house itself is leasehold by Fairhold in Huddersfield but I've struggled to contact them to see if maybe they own that parcel of land. Because I now don't know which property it belongs to, if any, I don't know how to find out as because it's literally right behind the fence, I was considering buying it myself to build a garage on or just keep it open as a right of way since the children ride their bikes down it.

Is there some trick I'm missing that could help me out here?

Thanks in advance.