Land Registry questions

Land_Registry

rachaelmrn1 said:

Hi,
My partner and I bought a house together December 2019 and unfortunately split March 2020. We have gone through the process of a transfer of equity and hit many hurdles, one being a restriction from persimmon on the land register. Can anyone advise what this means and how I sort it. We do have a solicitor looking at it but they are in a 'too and throw' situation apparently. Any help would be amazing?

Restrictions usually require the consent of the restrictioner to any disposition (Transfer in this case) by the owners. 

So I’m guessing that’s what you have and you need Persimmon’s written consent 
Its important to read the restriction wording to understand what is needed and when 

G_M

Land_Registry said:

G_M said:

Neighbour and I have a Deed of Grant of Drainage registered against both our Titles outlining rights and obligations to use and maintain the shared septic tank in his garden.

We are replacing the tank with a treatment system, and also moving it from the location identified in the Deed.

It seems wise to reflect this in the Deed, either by amending it, or by cancelling it and registering a new Deed.

Which of the above options is easiest, and how would we go about it. We used a solicitor last time but as we already have the basic wording as a template I assume we can DIY if we know the best process. 

You can’t amend the actual Deed so you’ll need a new legal deed between all affected parties to achieve any variation/amendment. 

Any mortgage lender’s will also have to consent to the changes 
There is no obligation to use a solicitor but we would recommend you do and I’d suggest you speak to your mortgage lenders (if any) as they may insist you use one anyway before they’ll consent 
Application to register the deed against both titles is made using form AP1 with a £40 registration fee 

No lenders involved with either property.

I'm confidant we can replicate the original Deed with a few changes of wording, and amended Plan.

* can we delete/remove the existing Deed? If so, is that a separete application? If not, does that mean leaving a redundant (and inaccurate) deed registered?

* along with AP1 & £40, do we need ID1 and/or any other form?

* do we need 2 x AP1 & £40 (ie one for each property)?

Thanks

csgohan4

G_M said:

Land_Registry said:

G_M said:

Neighbour and I have a Deed of Grant of Drainage registered against both our Titles outlining rights and obligations to use and maintain the shared septic tank in his garden.

We are replacing the tank with a treatment system, and also moving it from the location identified in the Deed.

It seems wise to reflect this in the Deed, either by amending it, or by cancelling it and registering a new Deed.

Which of the above options is easiest, and how would we go about it. We used a solicitor last time but as we already have the basic wording as a template I assume we can DIY if we know the best process. 

You can’t amend the actual Deed so you’ll need a new legal deed between all affected parties to achieve any variation/amendment. 

Any mortgage lender’s will also have to consent to the changes 
There is no obligation to use a solicitor but we would recommend you do and I’d suggest you speak to your mortgage lenders (if any) as they may insist you use one anyway before they’ll consent 
Application to register the deed against both titles is made using form AP1 with a £40 registration fee 

No lenders involved with either property.

I'm confidant we can replicate the original Deed with a few changes of wording, and amended Plan.

* can we delete/remove the existing Deed? If so, is that a separete application? If not, does that mean leaving a redundant (and inaccurate) deed registered?

* along with AP1 & £40, do we need ID1 and/or any other form?

* do we need 2 x AP1 & £40 (ie one for each property)?

Thanks

The shock G_M has come back... or did you forget to switch your profile

Land_Registry

G_M said:

Land_Registry said:

G_M said:

Neighbour and I have a Deed of Grant of Drainage registered against both our Titles outlining rights and obligations to use and maintain the shared septic tank in his garden.

We are replacing the tank with a treatment system, and also moving it from the location identified in the Deed.

It seems wise to reflect this in the Deed, either by amending it, or by cancelling it and registering a new Deed.

Which of the above options is easiest, and how would we go about it. We used a solicitor last time but as we already have the basic wording as a template I assume we can DIY if we know the best process. 

You can’t amend the actual Deed so you’ll need a new legal deed between all affected parties to achieve any variation/amendment. 

Any mortgage lender’s will also have to consent to the changes 
There is no obligation to use a solicitor but we would recommend you do and I’d suggest you speak to your mortgage lenders (if any) as they may insist you use one anyway before they’ll consent 
Application to register the deed against both titles is made using form AP1 with a £40 registration fee 

No lenders involved with either property.

I'm confidant we can replicate the original Deed with a few changes of wording, and amended Plan.

* can we delete/remove the existing Deed? If so, is that a separete application? If not, does that mean leaving a redundant (and inaccurate) deed registered?

* along with AP1 & £40, do we need ID1 and/or any other form?

* do we need 2 x AP1 & £40 (ie one for each property)?

Thanks

In my experience a single deed is used to release/vary the orig8nal deed/easements as appropriate. The same deed then grants/reserves the new easements 
One application then to register against both titles. ID1s are not needed. 

Morris29

Apologies, I posted this on another thread but since wondered if this is the correct place to ask....

I’m recently divorced with a consent order in place.  My ex has to remain named on the mortgage for 6yrs (or less if I choose to remortgage in my sole name sooner).

I understand that I need to amend the title deeds from joint tenants to tenants in common (as part of consent order it’s agreed ex won’t get any proceeds from sale / entitlement to move back in etc).  I’m struggling to find a step by step guide on how to complete the form.

My solicitor will handle to process for £180 but if it’s straight forward I’d like to do it myself.  Is anyone able to offer advice on how to complete the form / point me in the direction of an online step by step guide please & also advise, what proof I might be required to provide with the application please?

also, do we need to define what “share” of the property each would receive upon death/sale? 

Many thanks 

Land_Registry

Morris29 said:

Apologies, I posted this on another thread but since wondered if this is the correct place to ask....

I’m recently divorced with a consent order in place.  My ex has to remain named on the mortgage for 6yrs (or less if I choose to remortgage in my sole name sooner).

I understand that I need to amend the title deeds from joint tenants to tenants in common (as part of consent order it’s agreed ex won’t get any proceeds from sale / entitlement to move back in etc).  I’m struggling to find a step by step guide on how to complete the form.

My solicitor will handle to process for £180 but if it’s straight forward I’d like to do it myself.  Is anyone able to offer advice on how to complete the form / point me in the direction of an online step by step guide please & also advise, what proof I might be required to provide with the application please?

also, do we need to define what “share” of the property each would receive upon death/sale? 

Many thanks 

Our online guidance explains how to update the register when changing your joint tenancy 
Theres no other step by step guide as it’s important to consider the key facts and if a form A restriction is to be applied for then how those facts are provided to support your application. 

Your post suggests some further consideration is needed here before deciding what is best for both parties and your respective interests. Whilst you mention a solicitor and fee I’m unclear if they’ve given legal advice or whether their involvement is simply to cover off applying for the restriction. 

As you mention a consent order, a mortgage, ex not getting proceeds of sale and shares in relation to death/sale I would strongly recommend seeking legal advice on what’s required here. A form A restriction does not achieve what you perhaps think it does and nor does it or the application have to include/enshrine what the consent order, the trust that may have been created, wills or otherwise cover.
If you have been advised to apply for a form A restriction then the online guidance bullet points the type of detail needed to support the application. That information will come from some of the facts you mention. 

Blue_Horizon

Hi, we are part of a 4 property chain. We are at 2 and are buying a new property. At the other end of the chain the sellers are having to process a K11 to get an obsolete charge removed from the register. The previous lender, has confirmed they will release the charge and the K11 was lodged about a week and half ago. How long should it take for a K11 form to be processed? 

Many thanks

Land_Registry

Blue_Horizon said:

Hi, we are part of a 4 property chain. We are at 2 and are buying a new property. At the other end of the chain the sellers are having to process a K11 to get an obsolete charge removed from the register. The previous lender, has confirmed they will release the charge and the K11 was lodged about a week and half ago. How long should it take for a K11 form to be processed? 

Many thanks

A K11 removes a charge against an unregistered property so is dealt with by the Land Charges Department 
Ask your own conveyancer as they may have recen5 experience re timescales or Email
LandCharges.CustomerTeam@landregistry.gov.uk

Suseka97

Need help with regards to Adverse Possession.
We are interested in a property for sale which was built and occupied by its current owners in 1996.  During the viewing the EA advised that part of the garden, which is enclosed by fence panelling to the property, is not owned by the vendors.  We are told they have maintained that part for the last 20 years, but have never sought to claim adverse possession.  Apparently that part of the garden space backs onto what the EA referred to as 'a nature reserve' - but effectively it looks like a wooded area which is very overgrown.  Looking at an aerial view its difficult to ascertain exactly what the area is because its shrouded by tree tops.  It does look as if a track of some sort runs through it and its definitely not any sort of road or lane accessible other than by foot.

I've spent some time looking on the LR website trying to understand the why's and wherefores of adverse possession -  but I don't know at the moment if this is registered or unregistered land.  If registered I guess it will be owned by the local authority if its is some form of open space.  I've also tried to do a search of the land title, but it returns as unable to locate the address of the property in question.

The EA was quite unperturbed and simply said that no-one else has right of access to this part of the garden, which is true seeing as the current owners have clearly moved their boundary and no-one else borders this bit of land, so no-one would know they have done it.  I guess it would show up in some way if we proceed with the purchase - but I'm a bit concerned about the situation and whether we should pass on this property.  The whole adverse possession thing seems like a bit if a minefield and it'll become our problem if we purchase the property knowing what the current vendors have done although I guess it would only come to light if/when we decided to sell on at some future point.

We are not sure quite what to do at this point, so any suggestions would be gratefully received.  Do we purchase and then see where we get with an adverse possession application?  Does the fact they've looked after this bit of land and encased it in their garden for some 20 years matter?  Or does the clock reset if we purchase, are these things time bound in anyway?

Land_Registry

Suseka97 said:

We are not sure quite what to do at this point, so any suggestions would be gratefully received.  Do we purchase and then see where we get with an adverse possession application?  Does the fact they've looked after this bit of land and encased it in their garden for some 20 years matter?  Or does the clock reset if we purchase, are these things time bound in anyway?

The law re adverse possession is a complex one and it’s that you need to understand before you then consider our registration requirements
The registration requirements, which also answer some of your Qs are covered by our PGs 4 and 5 
Your Qs are for your conveyancer to answer and if you have a mortgage then your lender may insist that the seller registers their claim before you buy. 

You can purchase and then make your own application based on the seller’s evidence re their actions over the years to take possession of the land. What the6 have done matters. The clock only resets only if you don’t rely on their evidence. 

The online service will only confirm registered details. I’d suggest you do a postal search of the index map instead to confirm it’s unregistered or otherwise. 

However you are buying so in most cases you’d be asking the seller to confirm title for you and if they don’t have it providing evidence to confirm legally that they’ve taken possession