Land Registry questions

Land_Registry

coatigan said:

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.

It all depends on how the ‘error’ occurred. If it’s one you both need to now resolve then a Transfer is generally the best way to go. 

A Deed of Rectification is generally used to correct a mistake made in an earlier deed but invariably it’s the original parties who have to rectify things. I suspect that’s not the case here and however the error was made it’s been registered as such for some time and the ownership/parties have changed 

coatigan

Thank you for your helpful comments. The Title was split in 2019 when the vendor split the property, selling what is now our house and moving to an attached property, thereby retaining the original Title and creating a new one for our property. He believes Land Registry erroneously drew a small part of the boundary - some 6 feet by 3 feet. We do not want a dispute especially as we want to sell, and happily consent to the boundary he wants and to be fair can demonstrate he intended to retain. However he isn’t very forthcoming and not entirely cooperative.

im just concerned that he may have initiated a Deed of Rectification ( as he believes an error was made ) whereas a transfer from us to him may be quicker and simpler. I don’t think our solicitor could request LR to expedite any application not made by ourselves, even if it affects our Title. Our main concern is not to lose our sale. It would be much appreciated if you have any further advice or comments, thankyou.

2020Paul

I own a property with garden on title A and an adjacent parcel of land on tile B. To get a mortgage on the land (to self build) it would be best if I could transfer part of the garden on title A to title B to provide access.  A friend says it is not possible to transfer land to yourself - is this correct? Is there any other way to resolve this? 

Sally_Forth

coatigan said:

...im just concerned that he may have initiated a Deed of Rectification ( as he believes an error was made ) whereas a transfer from us to him may be quicker and simpler...

A transfer of part as you describe currently take up to 1 year to process, definitely a minimum of several months (unless expedited)

Sally_Forth

2020Paul said:

I own a property with garden on title A and an adjacent parcel of land on tile B. To get a mortgage on the land (to self build) it would be best if I could transfer part of the garden on title A to title B to provide access.  A friend says it is not possible to transfer land to yourself - is this correct? Is there any other way to resolve this? 

If you own both titles then you could build the access on title A and transfer that as a transfer of part when title B is sold.
Alternatively you could transfer title B with the necessary easements for right of access over the strip of land shown coloured xxx on the plan.

Land_Registry

coatigan said:

Thank you for your helpful comments. The Title was split in 2019 when the vendor split the property, selling what is now our house and moving to an attached property, thereby retaining the original Title and creating a new one for our property. He believes Land Registry erroneously drew a small part of the boundary - some 6 feet by 3 feet. We do not want a dispute especially as we want to sell, and happily consent to the boundary he wants and to be fair can demonstrate he intended to retain. However he isn’t very forthcoming and not entirely cooperative.

im just concerned that he may have initiated a Deed of Rectification ( as he believes an error was made ) whereas a transfer from us to him may be quicker and simpler. I don’t think our solicitor could request LR to expedite any application not made by ourselves, even if it affects our Title. Our main concern is not to lose our sale. It would be much appreciated if you have any further advice or comments, thankyou.

You’ll need to be led by the conveyancer(s) here and perhaps even more so by the vendor/other party as it reads as if what he wants impacts significantly. 

As far as expediting it goes then I don’t see an issue as you are a party to the transfer/rectification application 

Land_Registry

2020Paul said:

I own a property with garden on title A and an adjacent parcel of land on tile B. To get a mortgage on the land (to self build) it would be best if I could transfer part of the garden on title A to title B to provide access.  A friend says it is not possible to transfer land to yourself - is this correct? Is there any other way to resolve this? 

Your friend is correct. I’d suggest you speak to your lender as to what they need you to do in order to lend and then secure it. 

In my experience including a second party can help re the unsecured part e.g you transfer part to You and A N Other, grant the easement and secure the loan. But very much start with the end game and work back to the here and now 

aeg2019

Hi LR -
I'm purchasing a property where the seller failed to register a new 999 year lease that was extended back in 2017. This property is share of freehold and so the seller is rectifying this situation by creating a new 999 year lease with his joint freeholder and will be registering this with the Land Registry and requesting that the application be expedited as we cannot exchange until this is completed.

Can you confirm that once the new lease has been considered and approved by the Land Registry that the new lease details will appear on the register itself immediately, e.g. that myself or my solicitor will be able to go to the LR website and download a copy? There's some confusion on this point between myself and the estate agent as to whether the update will be immediately visible or not.

Many thanks!

Land_Registry

aeg2019 said:

Hi LR -
I'm purchasing a property where the seller failed to register a new 999 year lease that was extended back in 2017. This property is share of freehold and so the seller is rectifying this situation by creating a new 999 year lease with his joint freeholder and will be registering this with the Land Registry and requesting that the application be expedited as we cannot exchange until this is completed.

Can you confirm that once the new lease has been considered and approved by the Land Registry that the new lease details will appear on the register itself immediately, e.g. that myself or my solicitor will be able to go to the LR website and download a copy? There's some confusion on this point between myself and the estate agent as to whether the update will be immediately visible or not.

Many thanks!

When an application is completed then a new/updated register is immediately available 

2020Paul

After selling a house, I kept a parcel of land on a new title. The title has a clawback provision registered which prevents me getting a mortgage on the land, which I now want to do. The clawback expired in 2018 so I contacted the solicitor who put the land on the new title and they said LR may be able to remove - is that correct?