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Land Registry questions

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  • dats
    dats Posts: 78 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks very much, really appreciate your time. I’m guessing that bit isn’t registered, but will check with the Land Registry. 
    Claire
  • Arefer
    Arefer Posts: 48 Forumite
    Third Anniversary 10 Posts
    edited 15 October 2020 at 7:55AM
    Dear Land Registry,

    I’m purchasing a property for value from the two registered owners of the property. There is a Restriction on the deeds with the following wording:

    RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to XXXXX Bank Plc at c/o Irwin Mitchell LLP, Bauhaus, Rossetti Place, 27 Quay Street, Manchester M3 4AW (Reference XXXXX), being the person with the benefit of an interim charging order on the beneficial interest of XXXXX (Owner 2) made by the XXXXX County Court on DD MM YY (Court reference XXXXX). 

    I’ve a few queries as follows and would be grateful for clarification:

    1. Is this a Form K Restriction which could be overreached and automatically removed by Land Registry at transfer registration, provided the terms of the Restriction has been complied with, namely notice of disposition sent to the restriction holder and confirmation certificate provided as evidence. Property is being purchased for valuable consideration from the two registered owners by myself.

    2. Should the notice of disposition be sent to the restriction holder (and confirmation certificate provided to LR) by the buyer or the seller?

    3. When should the notice of disposition (transfer) be sent to the restriction holder - after the transfer has completed or beforehand? I was thinking of sending it on completion date, after I receive confirmation that the transfer has gone ahead successfully.

    Thank you, and look forward to hearing from you.
  • Land_Registry
    Land_Registry Posts: 6,146 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    dats said:
    Thanks very much, really appreciate your time. I’m guessing that bit isn’t registered, but will check with the Land Registry. 
    Claire
    Your conveyancer must know though
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Land_Registry
    Land_Registry Posts: 6,146 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Arefer said:
    Dear Land Registry,
    I’m purchasing a property for value from the two registered owners of the property. There is a Restriction on the deeds with the following wording:
    RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to XXXXX Bank Plc at c/o Irwin Mitchell LLP, Bauhaus, Rossetti Place, 27 Quay Street, Manchester M3 4AW (Reference XXXXX), being the person with the benefit of an interim charging order on the beneficial interest of XXXXX (Owner 2) made by the XXXXX County Court on DD MM YY (Court reference XXXXX). 
    I’ve a few queries as follows and would be grateful for clarification:
    1. Is this a Form K Restriction which could be overreached and automatically removed by Land Registry at transfer registration, provided the terms of the Restriction has been complied with, namely notice of disposition sent to the restriction holder and confirmation certificate provided as evidence. Property is being purchased for valuable consideration from the two registered owners by myself.
    2. Should the notice of disposition be sent to the restriction holder (and confirmation certificate provided to LR) by the buyer or the seller?
    3. When should the notice of disposition (transfer) be sent to the restriction holder - after the transfer has completed or beforehand? I was thinking of sending it on completion date, after I receive confirmation that the transfer has gone ahead successfully.
    Thank you, and look forward to hearing from you.
    1. It is overreached if complied with in the scenario as explained. 
    2. Restriction holder and confirmation as per restriction wording then provided by the purchaser/their conveyancer on application to register the purchase 
    3. It doesn’t specify when so largely up to the purchaser/their conveyancer but it seems prudent to do it once completed and of course before you then apply to update the register 
    I note you’ve posted the identical Q on the MSE thread called Charging Order - the myth I’ve simply copied and pasted the same response there 
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Arefer
    Arefer Posts: 48 Forumite
    Third Anniversary 10 Posts
    Arefer said:
    Dear Land Registry,
    I’m purchasing a property for value from the two registered owners of the property. There is a Restriction on the deeds with the following wording:
    RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to XXXXX Bank Plc at c/o Irwin Mitchell LLP, Bauhaus, Rossetti Place, 27 Quay Street, Manchester M3 4AW (Reference XXXXX), being the person with the benefit of an interim charging order on the beneficial interest of XXXXX (Owner 2) made by the XXXXX County Court on DD MM YY (Court reference XXXXX). 
    I’ve a few queries as follows and would be grateful for clarification:
    1. Is this a Form K Restriction which could be overreached and automatically removed by Land Registry at transfer registration, provided the terms of the Restriction has been complied with, namely notice of disposition sent to the restriction holder and confirmation certificate provided as evidence. Property is being purchased for valuable consideration from the two registered owners by myself.
    2. Should the notice of disposition be sent to the restriction holder (and confirmation certificate provided to LR) by the buyer or the seller?
    3. When should the notice of disposition (transfer) be sent to the restriction holder - after the transfer has completed or beforehand? I was thinking of sending it on completion date, after I receive confirmation that the transfer has gone ahead successfully.
    Thank you, and look forward to hearing from you.
    1. It is overreached if complied with in the scenario as explained. 
    2. Restriction holder and confirmation as per restriction wording then provided by the purchaser/their conveyancer on application to register the purchase 
    3. It doesn’t specify when so largely up to the purchaser/their conveyancer but it seems prudent to do it once completed and of course before you then apply to update the register 
    I note you’ve posted the identical Q on the MSE thread called Charging Order - the myth I’ve simply copied and pasted the same response there 
    That’s excellent, thanks for the prompt response.
  • in process of purchasing house and there's a query 're  a small unregistered piece of land next to the house. it's been referred to Land Registry 04th October where the replied saying theres a 10 day turn around, still no response - do you know current turn around times?
  • Land_Registry
    Land_Registry Posts: 6,146 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    in process of purchasing house and there's a query 're  a small unregistered piece of land next to the house. it's been referred to Land Registry 04th October where the replied saying theres a 10 day turn around, still no response - do you know current turn around times?
    All depends whether they’ve applied or enquired so you’d need the specifics re enquiry reference or application title number/reference. Not enough specific information to explain specific timescales as it will vary enormously. 
    Do you have any specific details you can share? 
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • kitkat6
    kitkat6 Posts: 15 Forumite
    10 Posts Second Anniversary
    Hi All,
    Has anyone put in a DB form? Do you need a lawyer or survey? We have a property that we thought ends at an old fence but the LR docs don't agree. Our neighbours also agree with us. Is this the easiest way of sorting this?
  • Land_Registry
    Land_Registry Posts: 6,146 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    kitkat6 said:
    Hi All,
    Has anyone put in a DB form? Do you need a lawyer or survey? We have a property that we thought ends at an old fence but the LR docs don't agree. Our neighbours also agree with us. Is this the easiest way of sorting this?
    Have a read of our Practice Guide on boundary agreements and Determined boundaries. 
    If there’s a significant difference between the registered extents and the reality in the ground you may need to consider a transfer of land or a claim of ownership rather than a DB or agreement 
    DBs and agreements are used where the registered extents are correct but you want to be more specific. If the “LR doesn’t agree” then you’re more likely to need to change the registered extents rather than define them 
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • kitkat6
    kitkat6 Posts: 15 Forumite
    10 Posts Second Anniversary
    Thanks for your quick reply. If I can't use the DB way, how can I proceed? If I send in a TP1 form, what other forms do I need to send?

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