Land Registry questions

goodwithsaving

Is it possible to check the progress of a land registry application if you didn't submit it? It should have taken 10 days (tomorrow is the 10th working day since submission) but I'm not being kept informed and a chain of 4 depends on it

pernes

Hi I have downloaded a copy of a leasehold title for an electric sub station that is in the freehold title of a block of flats. I am trying to find out how long a lease they have and if they should pay any rent and if the lease has been renewed where they charged?

Do substations have different rights for property that is on someone else’s land?

Thanks

Land_Registry

goodwithsaving wrote: »

Is it possible to check the progress of a land registry application if you didn't submit it? It should have taken 10 days (tomorrow is the 10th working day since submission) but I'm not being kept informed and a chain of 4 depends on it

Suggest you ring our support centre on 03000060411 - they should be able to offer some idea on progress/timescale

Land_Registry

pernes wrote: »

Hi I have downloaded a copy of a leasehold title for an electric sub station that is in the freehold title of a block of flats. I am trying to find out how long a lease they have and if they should pay any rent and if the lease has been renewed where they charged?

Do substations have different rights for property that is on someone else’s land?

Thanks

The register will tell you the term normally and will mention the rent if it's registered in its own right. A copy can be applied for by post if you want more specific details

I don't really understand the last Q. Any rights would again be in the lease itself. If the sub station is on the utility company.s own land they wouldn't need rights over own land for example so unsure why the difference would arise?

DonnySaver

Hi.

Our garden is flanked to left, right and rear by neighbour's gardens. The fence that is in place was put up by the previous owner of our house.

Am I responsible for all 3 boundaries and, subsquently, the maintenance of all 3 sets of fencing?

Thanks.

Land_Registry

DonnySaver wrote: »

Hi.

Our garden is flanked to left, right and rear by neighbour's gardens. The fence that is in place was put up by the previous owner of our house.

Am I responsible for all 3 boundaries and, subsquently, the maintenance of all 3 sets of fencing?

Thanks.

All about the history of who has done what, shared understanding and awareness with neighbour's and what you all agree upon normally. Ownership and responsibility can be distinct issues so have a read of our blog and then chat with your neighbour's and check what details you each have, registered or not.

stusimpson

We have a strip of land which has shared access but is on the neighbours deeds rather than mine, my title plan just shows a blue area and the deeds say the area is to be maintained by both. Rather than go down the complicated route of transferring this area to me, I have a mortgage , the neighbour doesn't , can we just determine the boundary? Is it possible to send in paperwork to effectively say the boundary has moved so half the area is on my land, the neighbours don't care. From comments on this forum it seems like a minefield to safeguard half this shared strip so that future owners of my house don't have issues with new neighbours. We wondered if a determined boundary was an option. Thanks Stuart

Land_Registry

stusimpson wrote: »

We have a strip of land which has shared access but is on the neighbours deeds rather than mine, my title plan just shows a blue area and the deeds say the area is to be maintained by both. Rather than go down the complicated route of transferring this area to me, I have a mortgage , the neighbour doesn't , can we just determine the boundary? Is it possible to send in paperwork to effectively say the boundary has moved so half the area is on my land, the neighbours don't care. From comments on this forum it seems like a minefield to safeguard half this shared strip so that future owners of my house don't have issues with new neighbours. We wondered if a determined boundary was an option. Thanks Stuart

Stuart - you'd need the neighbour to transfer the land (TP1) to you to fix the ownership. A DB is used to determine the boundary position and not transfer legal ownership.

The fact your property is mortgaged may not be an issue as you woukd be gaining land. And if it's shared and your title has a right to use it then that should mean you don't have any problems re use. Owning half may not solve that point either but assume there's is more to it than that

HouseMouse

Sorry if this is a daft question, but how can I tell from looking at the title (as per the Land Registry) whether the property is held as joint tenants or tenants in common? Would it specifically say "tenants in common" if this was the case?

Land_Registry

HouseMouse wrote: »

Sorry if this is a daft question, but how can I tell from looking at the title (as per the Land Registry) whether the property is held as joint tenants or tenants in common? Would it specifically say "tenants in common" if this was the case?

It's not a daft Q and one people often ask but the answer is simple, you can't as the register is not definitive re how you hold the proeprty, either as TIC or Joint tenants (JT)

Forum answers often suggest that if there is a form A restriction registered then you must be TIC. False.

For example you can sever your joint tenancy in a number of ways e.g. your wills or by drawing up a deed or declaration of trust. You may then choose to apply for a form A restriction to be registered but you don't have to.

On the flip side we may register a form A restriction when you are registered as no details were provided in the form of Transfer as to whether you wished to be TIC or JT. We enter the form A by default and tell the conveyancer - if they don't come back to say 'No thanks@ then the form A remains

The rprimary reason though why the register is not definitive is that it registers the legal ownership. The TIC aspect relates to your beneficial ownership. The two are quite distinct but naturally can be linked where property is involved.

The easiest way to explain that is to think of the legal ownership being of the land/bricks and mortar. You can't split (sever) those so you each have a share in the land/bricks and mortar.

You can though have a share in the value of the land/bricks and mortar so that can be divided up when you sell, a share left in a will for example.

Our online guidance explains how you can check whether you are TIC or JTs but that check relies not only what is registered but any other details you may have inc wills, deed/dec of trust and so on