Land Registry questions

Land_Registry

darylsummers said:

Hi Land Registry,

RE: New build property, plot 110, High Penn Park, Calne SN11 8GQ - WT430086

We are all ready to exchange contracts in our chain as of last Friday, but my solicitor stalled at the last minute as there was an error with the neighbouring property (plot 111) as the developer submitted the wrong plan to LR on the sale, meaning our boundaries are incorrect. The solicitors are getting no information back from the LR and I believe they have asked for this to be expedited, but I am not getting any information back. Apparently the solicitor is waiting on a letter before we can exchange?

Every day we are now being delayed, adds an extra day to the two-weeks the developer requires to complete and is causing so much tension in our chain with every day that goes by. Any help you could provide urgently would be greatly appreciated.

Daryl 

Firstly I’m sorry to read of the difficulties you have encountered here. There is clearly a complexity to this as if something’s been registered and after that the plan/boundary is wrong it’s not always a simple thing to resolve as various parties have to be involved. 

As such ‘the no information back from Land Registry’ is no surprise but that’s nothing to do with the complexity involved. That’s simply down to the current workload situation and the application only being submitted very recently. 

The developer’s title is also a busy one with prior plot sales wait8ng to be registered so that also delays matters, even if expedited 

There’s little point going to in any specific details here as we can’t solve things in the MSE forum. But I have taken the details you have provided, spoken to colleagues and hopefully something will be communicated to the solicitor involved shortly. 

YoungGentry

Land_Registry said:

YoungGentry said:

Hi Land Registry,

The official copy of my Lease, has an invalid lease plan for the building and car park(black and white lease plan, however the lease makes color reference to color that is no longer visible).  My understanding is that the lease would have been checked on submission, there is a barcode on the official LR lease plan, is that a reference to something?

The barcode is for scanning purposes only. It’s an internal marking 
The lease is checked on submission but the responsibility for holding the actual lease rests with the landlord and tenant. If the copy we hold is lacking then you should check with/rely on the versions held by the landlord/tenant 

I am the tenant and this is the copy that I have.  Same with Landlord.   

My solicitor will contact land registry for rectification, as part of https://www.gov.uk/government/publications/rectification-and-indemnity/practice-guide-39-rectification-and-indemnity

Do you know how long this generally takes?

Land_Registry

YoungGentry said:

Land_Registry said:

YoungGentry said:

Hi Land Registry,

The official copy of my Lease, has an invalid lease plan for the building and car park(black and white lease plan, however the lease makes color reference to color that is no longer visible).  My understanding is that the lease would have been checked on submission, there is a barcode on the official LR lease plan, is that a reference to something?

The barcode is for scanning purposes only. It’s an internal marking 
The lease is checked on submission but the responsibility for holding the actual lease rests with the landlord and tenant. If the copy we hold is lacking then you should check with/rely on the versions held by the landlord/tenant 

I am the tenant and this is the copy that I have.  Same with Landlord.   

My solicitor will contact land registry for rectification, as part of https://www.gov.uk/government/publications/rectification-and-indemnity/practice-guide-39-rectification-and-indemnity

Do you know how long this generally takes?

We won’t be able to rectify anything without the actual lease being provided so might be worth checking what they are applying for here. 

If there’s a defect in a copy lease and the landlord/tenant haven’t got the originals then it’s often a case of creating a new one to replace the existing lease. 

If they’ve applied for the former then it’s likely to be 4/5 weeks before it’s considered based on current wait times. If they think their application will correct the issue and it’s urgent then they need to request expedition, they should know how to do that 

equityone

I made a private application to the land registry to transfer the title from Leasehold to the Freehold I purchased for our property, with no mortgage, loans etc..
The application was received by the LR early July, 2020.
I am now applying for a equity lifetime mortgage with a equity council member.
Their solicitors asking for me to expedite my application in order they can proceed with the lender, as I can only do this as I made the application of transfer to the LR.
Are there any Templates I could use to request the expedite so there is no hold-up with the equity application waiting for the LR to complete which could be delayed otherwise due to Covid..

peppapig14

we are about to purchase end terrace house with small green communal area around side of house ( managed by management company ). our boundery would be along the house wall and not the managed grass area. would it be possible to purchase this land?

Land_Registry

equityone said:

I made a private application to the land registry to transfer the title from Leasehold to the Freehold I purchased for our property, with no mortgage, loans etc..
The application was received by the LR early July, 2020.
I am now applying for a equity lifetime mortgage with a equity council member.
Their solicitors asking for me to expedite my application in order they can proceed with the lender, as I can only do this as I made the application of transfer to the LR.
Are there any Templates I could use to request the expedite so there is no hold-up with the equity application waiting for the LR to complete which could be delayed otherwise due to Covid..

There are no templates. We rely on the facts in each case. Use our Contact form to submit the expedite request. You’ll get an auto response which you then respond to and attach a copy of the mortgage offer for example.  

Land_Registry

peppapig14 said:

we are about to purchase end terrace house with small green communal area around side of house ( managed by management company ). our boundery would be along the house wall and not the managed grass area. would it be possible to purchase this land?

Presumably yes if the owner is able and happy to sell it to you 

peppapig14

Land_Registry said:

peppapig14 said:

we are about to purchase end terrace house with small green communal area around side of house ( managed by management company ). our boundery would be along the house wall and not the managed grass area. would it be possible to purchase this land?

Presumably yes if the owner is able and happy to sell it to you 

the land was sold from the council to a housing developer in the 1980s. That developer is no longer in existence, and the development has a management company- would it be the management who now owns it?

Land_Registry

peppapig14 said:

Land_Registry said:

peppapig14 said:

we are about to purchase end terrace house with small green communal area around side of house ( managed by management company ). our boundery would be along the house wall and not the managed grass area. would it be possible to purchase this land?

Presumably yes if the owner is able and happy to sell it to you 

the land was sold from the council to a housing developer in the 1980s. That developer is no longer in existence, and the development has a management company- would it be the management who now owns it?

Start with who it is registered to or who the last legal owner was. If that’s the developer then you need to follow through how the company came to an end and how it’s assets were dealt with or how they are treated in law. 

For example land and property can pass to the crown and you then deal with the Treasury Solicitor - visit GOV.UK and search for the term Bona Vacantia 
In the stated circumstances I would be recommending you also seek legal advice to discuss and consider your options 

mr_jma

RE:Change from tenants in common to joint tenants, form ST5 HELP!

Hi hope you can help!

I've obtained a declaration of trust template and filled in form RX3 but can see no help with ST5 which is statement of truth to cancel a form A restriction.  Part 3 asks "Explain what has happened to the beneficial interest protected by the restriction. (Provide accurate and relevant information). You should include certified copies of any documents showing this.".

I have wrote "The proprietors (our names here)  have re-declared their trusts and the tenancy in common has come to an end. Within the declaration of trust dated (todays date) the proprietors have declared that their beneficial interst in the Property be held as beneficial joint tenants.

Is the correct response?