Land Registry questions

JamesJohnston02

Hi. I’m currently going through the Transfer of Equity process to remove myself off the mortgage and deeds from the house I currently jointly own with my brother.
The process is with the solicitors at the moment, and is taking a lot longer than we had hoped (4 months and counting so far). As it’s taking so long, I’m starting to worry about the knock on effect it will have on the mortgage application for the new house I’ve just had an offer accepted on (with my girlfriend).
I’m hoping that as soon as the solicitor sends the documents to Santander and the Land Registry, that I will be able to apply for a new mortgage with my girlfriend in fairly quick order.
Does anyone have any idea whether my thinking here is correct? Or do I need to wait for the Land Registry to remove me, before I will be taken off the Santander mortgage, which I assume will take a number of weeks?
Any help here would be hugely appreciated!

Rosie1980

Hi LR, I have logged on to the land registry eservices website and the documents I can are Title Register, Title Plan and Flood Risk Indicator. On the Title Register it refers to a Transfer in 1984 with restrictive covenants. If there are no further documents showing on the site does this mean that Land Registry does not have a copy of this and if they do how do I get it? Thank you for your help.

Land_Registry

JamesJohnston02 said:

Hi. I’m currently going through the Transfer of Equity process to remove myself off the mortgage and deeds from the house I currently jointly own with my brother.
The process is with the solicitors at the moment, and is taking a lot longer than we had hoped (4 months and counting so far). As it’s taking so long, I’m starting to worry about the knock on effect it will have on the mortgage application for the new house I’ve just had an offer accepted on (with my girlfriend).
I’m hoping that as soon as the solicitor sends the documents to Santander and the Land Registry, that I will be able to apply for a new mortgage with my girlfriend in fairly quick order.
Does anyone have any idea whether my thinking here is correct? Or do I need to wait for the Land Registry to remove me, before I will be taken off the Santander mortgage, which I assume will take a number of weeks?
Any help here would be hugely appreciated!

Only your new lender or your solicitor can advise you on that as it all depends what checks they carry out or what details you have to provide to secure the mortgage. 

If it can’t proceed until the first change is completed ask your solicitor to request expedition of the first application once submitted  

Land_Registry

Rosie1980 said:

Hi LR, I have logged on to the land registry eservices website and the documents I can are Title Register, Title Plan and Flood Risk Indicator. On the Title Register it refers to a Transfer in 1984 with restrictive covenants. If there are no further documents showing on the site does this mean that Land Registry does not have a copy of this and if they do how do I get it? Thank you for your help.

No. ‘Filed’ deeds are available by post so you need to apply for a copy if needed  

FinleyRhys

Hi LR.  Grateful for any advice.  How do I get hold of documents relating to a piece of land that aren't referred to in the title register?  I have ta copy of the title register and a copy of the title plan for the land that I am interested in and I am pretty sure, after being told by a third party, that LR have other documents e.g. the transfer deed.  When I wrote to LR for copies, I was told they couldn't provide documents because they are not referred to in the register (which is true).  Am I to take it they don't exist, or have I likely used the wrong wording to identify them or am I not allowed to see them for some reason?  How can I get hold of them?  Thank you. 

Land_Registry

FinleyRhys said:

Hi LR.  Grateful for any advice.  How do I get hold of documents relating to a piece of land that aren't referred to in the title register?  I have ta copy of the title register and a copy of the title plan for the land that I am interested in and I am pretty sure, after being told by a third party, that LR have other documents e.g. the transfer deed.  When I wrote to LR for copies, I was told they couldn't provide documents because they are not referred to in the register (which is true).  Am I to take it they don't exist, or have I likely used the wrong wording to identify them or am I not allowed to see them for some reason?  How can I get hold of them?  Thank you. 

The devil will be in the detail re how you worded things. If you weren’t entitled to a copy then you would have been told that and we would not have referenced their not being referred to on the register. 

If the register refers to a Transfer and the extract is set out on the register, then we won’t always have a copy. We don’t need to keep a copy as the register includes the extract. 

I’m always unsure when third parties state we have something. How do they know? 

If you have doubts then use our Contact form and ask for clarification 

FinleyRhys

Land_Registry said:

The devil will be in the detail re how you worded things. If you weren’t entitled to a copy then you would have been told that and we would not have referenced their not being referred to on the register. 

If the register refers to a Transfer and the extract is set out on the register, then we won’t always have a copy. We don’t need to keep a copy as the register includes the extract. 

I’m always unsure when third parties state we have something. How do they know? 

If you have doubts then use our Contact Form and ask for clarification 

This is really helpful. Thank you. 

Tabitharocks

Good morning LR,
I'm currently in the process of buying a flat.  The vendors have said that they have applied to remove a name off of the deeds and are awaiting updated deeds from you.  I was wondering how long this process takes with the LR and is there a backlog due to Covid?  They submitted the application on 15th August. 

Land_Registry

Tabitharocks said:

Good morning LR,
I'm currently in the process of buying a flat.  The vendors have said that they have applied to remove a name off of the deeds and are awaiting updated deeds from you.  I was wondering how long this process takes with the LR and is there a backlog due to Covid?  They submitted the application on 15th August. 

There are delays so a routine update of an already registered title may wait 5/6 weeks before being processed 

If there’s an urgency then the conveyancer needs to request expedition - see same guidance  

coatigan

Hi
A small part of the boundary between us and our neighbours appears to have been wrongly drawn on our respective Title plans. The apparent error only came to light very recently as we were putting our house on the market.
There is no dispute between our neighbours and us - we agree matters should be put right. Currently the small strip of land ( approx 6 x 3 feet ) falls under our Title. 

We have received an offer on our property but the boundary issue needs to be addressed. What would be the quickest way of resolving this? Is transferring the land to our neighbours preferable to applying for a deed of rectification? 

Thank you for any advice.