Land Registry questions

cattie

I didn't realise there was a separate Land Registry thread as previously asked this elsewhere but didn't get a definitive reply, 
I've downloaded a copy of my  ex husbands property details & there are one or two things I'd like clarified if possible. He is listed as the sole owner of his freehold.  I haven't listed all the blurb, just those I feel are important

Under A: Property Register section it states
1)That freehold land edged in red was filed at the land registry & the date is 06/02/85
2) The conveyance dated 26/11/84

Under Proprietorship Register it sates
Title Absolute -
1) Ex's full name is here & the date is 30/3/93
2) Is blur about covenants in the charges register also date 30/03/93
3) Restriction: Except under an order of the Registrar, no disposition or dealing by the proprietor of the land othrther than a transfer to xxxxxxxxxxx and xxxxxxxxxxxxx
(these being ex's name & his 2nd wife) is to be registered without the consent of the said xxxxxxxxxxxxxxx (This being his wifes name).

What do the dates mean? I'm assuming the dates in the Property Register section relate to when he was first purchasing the house.
But what about the 1993 dates under Title Absolute? Does this mean his wife was made made co-owner from that date?

nicolaram

Is there a way the TR1 form for transfer of the whole of the registered  form doesn’t have to be signed by all parties  when submitted with the AP1 application?
My father has sadly passed leaving me and my brother a share of his property along with his surviving partner.

The problem being is his surviving partners is incapacitated and her Power of attorney will not communicate with us .
  
Any advice would be greatly received . Thank you 

bonez13

Hi I was wondering if land registry could help I'm buying a house  from my landlord I'm a first time buyer.  He had a charge on the deeds which has been cleared from the courts.  My solicitor asked for it to be taken off the register before completing.  How long does this normaly take and is it necessary I have seen the paperwork from the courts so can I just proceed with buying.  Thanks 

Land_Registry

cattie said:

I didn't realise there was a separate Land Registry thread as previously asked this elsewhere but didn't get a definitive reply, 
I've downloaded a copy of my  ex husbands property details & there are one or two things I'd like clarified if possible. He is listed as the sole owner of his freehold.  I haven't listed all the blurb, just those I feel are important

Under A: Property Register section it states
1)That freehold land edged in red was filed at the land registry & the date is 06/02/85
2) The conveyance dated 26/11/84

Under Proprietorship Register it sates
Title Absolute -
1) Ex's full name is here & the date is 30/3/93
2) Is blur about covenants in the charges register also date 30/03/93
3) Restriction: Except under an order of the Registrar, no disposition or dealing by the proprietor of the land othrther than a transfer to xxxxxxxxxxx and xxxxxxxxxxxxx
(these being ex's name & his 2nd wife) is to be registered without the consent of the said xxxxxxxxxxxxxxx (This being his wifes name).

What do the dates mean? I'm assuming the dates in the Property Register section relate to when he was first purchasing the house.
But what about the 1993 dates under Title Absolute? Does this mean his wife was made made co-owner from that date?

The 1993 date is the date on which the application to register him as the owner was received by us. 

The 1985 date is the date on which the land/property was first registered
The legal ownership is shown in the B Proprietorship Register - so if he’s the sole named registered proprietor then there’s no co owner 
The restriction shows that the named parties have an interest in the property. I assume there’s some agreement in place as to what may happen next but we would not register that specific detail. The restriction simply protects their interest 

Land_Registry

nicolaram said:

Is there a way the TR1 form for transfer of the whole of the registered  form doesn’t have to be signed by all parties  when submitted with the AP1 application?
My father has sadly passed leaving me and my brother a share of his property along with his surviving partner.

The problem being is his surviving partners is incapacitated and her Power of attorney will not communicate with us .
  
Any advice would be greatly received . Thank you 

A TR1 is completed by the registered owner(s) or their legal representatives as appropriate. 

So if it was registered in joint names and one of them has died then the legal ownership passes to the surviving joint owner. 

If they are incapacitated then someone, usually their attorney, would deal with the Transfer. 

Your interest is in your late Father’s beneficial ownerships so you can’t Transfer the legal ownership. I would recommend that you get legal advice with regards what legal options you have to releasing your beneficial shares. 

Land_Registry

bonez13 said:

Hi I was wondering if land registry could help I'm buying a house  from my landlord I'm a first time buyer.  He had a charge on the deeds which has been cleared from the courts.  My solicitor asked for it to be taken off the register before completing.  How long does this normaly take and is it necessary I have seen the paperwork from the courts so can I just proceed with buying.  Thanks 

The wait time between receipt and processing it is around 4/5 weeks presently. 

It’s up to you whether you proceed or not without the register being updated. Much often depends on whether you are taking a mortgage as if you are then your lender may not permit you to complete until it’s cleared in these circumstances 
Very much something to check and clarify with your conveyancer 

Paddyone

Paddyone said:

Hi LR, 

I have a leasehold property and in 2002 I purchased the Freehold by using TR1. Should I combine the leasehold and freehold and what are the positives and negatives of doing this? Is there a fee and do I need a solicitor to combine them? Thank you

Hi, I phoned in July 31st and spoke to a representative about my title number being on land near to my property. The discussion  was slightly confusing as I don't understand the land laws. It is a bit clearer. I think it is being investigated but not sure why.
Also, I think merging the Leasehold and freehold was mentioned, I could be wrong but what ever it was involved a fee that would be overlooked on this occasion. Either way I do not wish to merge the Leasehold and Freehold at any time. To make sure of this I called HMLR today, after receiving an email that my enquiry had now been forwarded, however it was closed due to the relaxed hours. I sent a reply to the email.
Would the process involve signing something first, I ask as this would probably mean that the merge can't take place and I shouldn't worry. 

Thank you

bonez13

Land_Registry said:

bonez13 said:

Hi I was wondering if land registry could help I'm buying a house  from my landlord I'm a first time buyer.  He had a charge on the deeds which has been cleared from the courts.  My solicitor asked for it to be taken off the register before completing.  How long does this normaly take and is it necessary I have seen the paperwork from the courts so can I just proceed with buying.  Thanks 

The wait time between receipt and processing it is around 4/5 weeks presently. 

It’s up to you whether you proceed or not without the register being updated. Much often depends on whether you are taking a mortgage as if you are then your lender may not permit you to complete until it’s cleared in these circumstances 
Very much something to check and clarify with your conveyancer 

Thanks I am taking a mortgage out with Halifax the solicitors where arguing with each other about what's acceptable my solicitor was adamant on the land registry being updated. 

Land_Registry

Paddyone said:

Paddyone said:

Hi LR, 

I have a leasehold property and in 2002 I purchased the Freehold by using TR1. Should I combine the leasehold and freehold and what are the positives and negatives of doing this? Is there a fee and do I need a solicitor to combine them? Thank you

Hi, I phoned in July 31st and spoke to a representative about my title number being on land near to my property. The discussion  was slightly confusing as I don't understand the land laws. It is a bit clearer. I think it is being investigated but not sure why.
Also, I think merging the Leasehold and freehold was mentioned, I could be wrong but what ever it was involved a fee that would be overlooked on this occasion. Either way I do not wish to merge the Leasehold and Freehold at any time. To make sure of this I called HMLR today, after receiving an email that my enquiry had now been forwarded, however it was closed due to the relaxed hours. I sent a reply to the email.
Would the process involve signing something first, I ask as this would probably mean that the merge can't take place and I shouldn't worry. 

Thank you

If you are in touch with us direct then rely on that specific channel and your email(s) . We’ll respond as soon as we can (usually within a few days) 

Rosie1980

Hi LR, my Mum is sending some forms to LR and needs to send the fee. She doesn't have a cheque book, can I write the cheque for her or does it have to be in the name of the applicant? Thank you.