Land Registry questions

Spotofbother

Hi, we were due to exchange this week, however a restriction is on our deeds in error that should have been removed when we purchased the freehold from a developer a few years ago. The form should be submitted today, How long is the current processing time? We lost a previous sale due to lockdown so are desperate nothing messes it up this time! Thanks!! 

Spotofbother

Spotofbother said:

Hi, we were due to exchange this week, however a restriction is on our deeds in error that should have been removed when we purchased the freehold from a developer a few years ago. The form should be submitted today, How long is the current processing time? We lost a previous sale due to lockdown so are desperate nothing messes it up this time! Thanks!! 

Sorry that was meant to say an RX4 form

Land_Registry

MrMagoo24601 said:

Hello. I have recently inherited a house and have had it transferred into my name (thanks to advice from this forum). The title papers came the other day, and I noticed the below restriction. Is RX3 the correct form to remove it? What evidence do I need to provide?

It’s a form A restriction so yes, form RX3 is needed to apply to remove it 
You’ll need to supplying supporting evidence and our Practice Guide 6 section 7 explains what that may be 

Land_Registry

Spotofbother said:

Hi, we were due to exchange this week, however a restriction is on our deeds in error that should have been removed when we purchased the freehold from a developer a few years ago. The form should be submitted today, How long is the current processing time? We lost a previous sale due to lockdown so are desperate nothing messes it up this time! Thanks!! 

Wait times at present are around 4/5 weeks so if there’s an urgency your conveyancer needs to request expedition. That should reduce the wait time to 2 weeks (usually to 3/4 days). Everything then depends on it being in order of course 

claire111

Hi, 
Could anyone tell me if this restriction be a problem for a purchaser ? Not sure why its there or what it means...
Many thanks !

GDB2222

Why not have a look at the Charities Act? That section just requires the charity to certify it has power to sell, AFAICS. It would be an issue if they don’t have, but I expect that they do. 

The owner is a charity?

claire111

GDB2222 said:

Why not have a look at the Charities Act? That section just requires the charity to certify it has power to sell, AFAICS. It would be an issue if they don’t have, but I expect that they do. 

The owner is a charity?

I've just looked the owner up and yes it looks as though they are a charity so all is well. Many thanks for taking the time to reply

Land_Registry

claire111 said:

Hi, 
Could anyone tell me if this restriction be a problem for a purchaser ? Not sure why its there or what it means...
Many thanks !

Not a problem providing the selling charity provides the required certificate as per the restriction wording

dats

Hi there,
Selling late FIL's house and would be very grateful if you could advise:
Property purchased in 1966. Adjoining (end of terrace) property purchased in 1986 and the two dwellings converted into one.
We have the deeds (1966 and 1986).
On the (downloaded from the LR) Title register and Title plan, the red outline on the plan only shows the original (1966) extent of the property. Green star added to show the part that was purchased in 1986.

• does this seem normal?
• does it have potential to delay the sale proceedings?
• if we need to do something to resolve/correct it, what do we need to do?

If relevant: there was a mortgage taken out on the property in 2002 and described as "the part of the property 'tinted blue' on the plan" but again, the extent of the property was still not right - and neither is the tinted blue bit!
Any insight would be very much appreciated.
Many thanks,
Claire 

Land_Registry

dats said:

Hi there,
Selling late FIL's house and would be very grateful if you could advise:
Property purchased in 1966. Adjoining (end of terrace) property purchased in 1986 and the two dwellings converted into one.
We have the deeds (1966 and 1986).
On the (downloaded from the LR) Title register and Title plan, the red outline on the plan only shows the original (1966) extent of the property. Green star added to show the part that was purchased in 1986.

• does this seem normal?
• does it have potential to delay the sale proceedings?
• if we need to do something to resolve/correct it, what do we need to do?

If relevant: there was a mortgage taken out on the property in 2002 and described as "the part of the property 'tinted blue' on the plan" but again, the extent of the property was still not right - and neither is the tinted blue bit!
Any insight would be very much appreciated.
Many thanks,
Claire 

• does this seem normal? Yes as land purchased later may be registered under its own title 
• does it have potential to delay the sale proceedings? No if it’s registered 
• if we need to do something to resolve/correct it, what do we need to do? Nothing hopefully. But if it’s not registered then you need to look at applying to register it and before the buyer will proceed I suspect 

So no great insight other than you need to check and confirm if the land is registered and how that links to the existing mortgage/property