Land Registry questions

Land_Registry

kitkat6 said:

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?

If you are transferring land then see our online guidance 
if the land is mortgaged then you’ll need lender’s consent and most likely you’ll need to use a conveyancer as a result 

charliechalk85

Hello, for the last three months, we've been in the process of buying a house, which was advertised as freehold. Turns out, in addition to it being 'absolute freehold', there is an unregistered lease on the land registry record.  Our sellers - who originally bought the freehold (or so they thought) have no record of who owns this lease, and have last week put in an expedited application to the Land Registry to try and get the lease removed from the register - on the grounds that the lease has been abandoned. Could you advise on how likely it is this will be resolved and/or timescales? Our solicitor is able to offer us no guarantees this will work and we are being advised to consider other properties.

Land_Registry

charliechalk85 said:

Hello, for the last three months, we've been in the process of buying a house, which was advertised as freehold. Turns out, in addition to it being 'absolute freehold', there is an unregistered lease on the land registry record.  Our sellers - who originally bought the freehold (or so they thought) have no record of who owns this lease, and have last week put in an expedited application to the Land Registry to try and get the lease removed from the register - on the grounds that the lease has been abandoned. Could you advise on how likely it is this will be resolved and/or timescales? Our solicitor is able to offer us no guarantees this will work and we are being advised to consider other properties.

Expedited applications are usually considered within 2 weeks of being expedited. 

Everything then hinges on them being in order and as your solicitor may have mentioned proving a noted lease has been abandoned/come to an end legally is not always clear cut. 

So hold on for some news this week hopefully as to if ok or if more is needed. Hopefully whoever applied has been able to cover off those legal requirements 

leftism

Hi, we're buying somewhere and the last thing that needs to happen before we exchange is that a bankruptcy notice is removed from the property. 
Assuming the solicitor has given the land registry all the info they need (they say they have, and have also asked for it to be expedited) do you know ball park, how long this could take? 
We have no idea if it'll be tomorrow or next year. Cheers guys.

Land_Registry

leftism said:

Hi, we're buying somewhere and the last thing that needs to happen before we exchange is that a bankruptcy notice is removed from the property. 
Assuming the solicitor has given the land registry all the info they need (they say they have, and have also asked for it to be expedited) do you know ball park, how long this could take? 
We have no idea if it'll be tomorrow or next year. Cheers guys.

If it’s expedited then it should be considered within a matter of days. Everything hinges on it being in order though as you appreciate already  

princesskeely090

Land_Registry said:

princesskeely090 said:

We recently submitted an RX2 and deed of covenant to remove a dissolved management company from the title. LR disapplied for 3 months only. My lender won't lend unless its removed completely. Why would LR only disapply for 3 months and what should we be submitting/requesting to have it removed completely? All other houses in this estate will have the exact same problem and lots of buyers are having the same issue. 

An RX2 doesn’t remove a restriction. It disapplies it to allow a specific transaction to go through. If your lender won’t then proceed you need to explore what’s needed with them 
if you want to cancel it then you need an RX3 application plus supporting evidence to show that the protected interest no longer exists. I assume you can’t do that though, hence the RX2 application to allow your transaction to go ahead 

What do you mean the RX2 only disapplies to allow a transaction to go through? What does it mean to disapply for 3 months, does that mean the restriction is temporarily removed for 3 months? We submitted an RX3 this week instead to see if they could remove, but Land Registry rejected this suggesting it's not possible on a Freehold property. We have submitted this response back to the lender to re-consider their position. I know of a least one other property on this estate who have submitted the exact same forms (RX2 and Deed of covenant) and LR did not disapply for only 3 months so i struggle to understand why it's the case for this property? Are my solicitors misunderstanding something? I have only a few weeks left of my mortgage offer - this is just absolutely bonkers!! 

Land_Registry

princesskeely090 said:

An RX2 doesn’t remove a restriction. It disapplies it to allow a specific transaction to go through. If your lender won’t then proceed you need to explore what’s needed with them 
if you want to cancel it then you need an RX3 application plus supporting evidence to show that the protected interest no longer exists. I assume you can’t do that though, hence the RX2 application to allow your transaction to go ahead 

What do you mean the RX2 only disapplies to allow a transaction to go through? What does it mean to disapply for 3 months, does that mean the restriction is temporarily removed for 3 months? We submitted an RX3 this week instead to see if they could remove, but Land Registry rejected this suggesting it's not possible on a Freehold property. We have submitted this response back to the lender to re-consider their position. I know of a least one other property on this estate who have submitted the exact same forms (RX2 and Deed of covenant) and LR did not disapply for only 3 months so i struggle to understand why it's the case for this property? Are my solicitors misunderstanding something? I have only a few weeks left of my mortgage offer - this is just absolutely bonkers!! 

Yes - if sufficient evidence is provided then we can disapply the restriction to allow a transaction to be registered. That can’t be an open-ended diss application so a timeframe will invariably be set. 

Every application is treated on merit so I can only assume the other party supplied different evidence or something else differed 
We wouldn’t know if your solicitor is misunderstanding anything but the guidance is quite clear so there shouldn’t be a need to try RX2 and RX3 as the former usually comes into play if there are no grounds for cancelling 
I think you may have been using Twitter to seek help also so if so then I believe we’ve contacted the solicitor today with more details and hopefully that will have removed any misunderstanding on their part and/or assist with the lender involved. 

I hope your solicitor and lender are able to move matters forward for you 

kitkat6

Hi, It looks like we have ended up with a small piece of land (about 1/8 acre) that is between our land (registered) and our neighbours (also registered). It is on our side of the fence that we have always thought was the boundary between the properties. Can we assume this is unregistered? Can we apply for adverse possession? There is no mortgage involved on either side.

Land_Registry

kitkat6 said:

Hi, It looks like we have ended up with a small piece of land (about 1/8 acre) that is between our land (registered) and our neighbours (also registered). It is on our side of the fence that we have always thought was the boundary between the properties. Can we assume this is unregistered? Can we apply for adverse possession? There is no mortgage involved on either side.

There’s no assumption so you should start by checking if it is unregistered
And if you are thinking of trying to claim it have a read of the relevant Practice Guide 4 or 5  and get legal advice as well  

123ASB

Hello,
I’m in the process of purchasing a piece of land which was mistakenly not transferred to the current owners when they purchased it. The widow of the previous owner who holds probate has signed the relevant paperwork to support the transfer and an application has been made, reference no. T143MNR, are you able to provide me with its current status?

Thank you