Land Registry questions

princesskeely090

Land_Registry said:

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 

Sorry, I know i'm going on about this but no communication i have received from LR or my solicitors is clear. Does the RX2 application to disapply mean i have 3 months to complete and following completion and title transfer, the restriction (dissolved mgmt company) will no longer be on the title? Is the 3 months simply a suspension until completion takes place and then all is resolved? This isn't what anyone is explaining so i can just guess HSBC will still read this as a 3 month removal of the restriction from my title which of course isn't the case!

Land_Registry

123ASB said:

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 

It’s flagged as urgent (expedited) and has been processed but can’t be completed so we’ve asked the conveyancer for more and are waiting, it seems, for their reply 

Land_Registry

princesskeely090 said:

Land_Registry said:

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 

Sorry, I know i'm going on about this but no communication i have received from LR or my solicitors is clear. Does the RX2 application to disapply mean i have 3 months to complete and following completion and title transfer, the restriction (dissolved mgmt company) will no longer be on the title? Is the 3 months simply a suspension until completion takes place and then all is resolved? This isn't what anyone is explaining so i can just guess HSBC will still read this as a 3 month removal of the restriction from my title which of course isn't the case!

If the restriction is disapplied then how that works is explained to whoever applied. So if the reply said we would diss apply it to allow X to happen and within 3 months then that’s what works. 

The 3 months is a timeframe which allows you to to complete and submit the application to register. Providing you do that then we won’t apply the terms of the restriction and ask you to comply with it 
it is not a 3 month removal of the restriction. It waives the need to comply with the restriction for your particular transaction to complete. That waiver is for 3 months from when it is dissaplied.

Cozmo101

Hi, 
Our solicitor has recently applied to have a restriction removed from our title so that we can proceed with completing the sale of our property. Would you be able to update me on the status please? 
Reference: V300SNR
Many thanks

Land_Registry

Cozmo101 said:

Hi, 
Our solicitor has recently applied to have a restriction removed from our title so that we can proceed with completing the sale of our property. Would you be able to update me on the status please? 
Reference: V300SNR
Many thanks

It’s been processed but can’t be completed as yet as wider checks are required. Those include contacting the restrictioner to confirm removal 

Emmiilou90

Hi, just look for some advice or if anyone has had experience with removing a charge from Land Registry. We’re in the process of buying our first house, it came up on the solicitor searches that the house has a Charge which is £15 a year for 99 year, immediately I though it’s leasehold not freehold but estate agents keep assuring me that it is freehold and the sellers bought the lease out in the 80’s. They also told me the seller would be sorting this out with solicitor, fast forward 4-6 weeks and it’s still not sorted sellers solicitors are refusing to sort it out. I know they need to complete and send a CN1 form with evidence, does anyone know what evidence is required? I’m assuming me being the buyer won’t be able to provide this evidence as I think it might be evidence of the purchase but 100% as it doesn’t actually say on the Land Registry Website. Help! Any advice would be very much appreciated we are completely at our wits end with this.

Land_Registry

Emmiilou90 said:

Hi, just look for some advice or if anyone has had experience with removing a charge from Land Registry. We’re in the process of buying our first house, it came up on the solicitor searches that the house has a Charge which is £15 a year for 99 year, immediately I though it’s leasehold not freehold but estate agents keep assuring me that it is freehold and the sellers bought the lease out in the 80’s. They also told me the seller would be sorting this out with solicitor, fast forward 4-6 weeks and it’s still not sorted sellers solicitors are refusing to sort it out. I know they need to complete and send a CN1 form with evidence, does anyone know what evidence is required? I’m assuming me being the buyer won’t be able to provide this evidence as I think it might be evidence of the purchase but 100% as it doesn’t actually say on the Land Registry Website. Help! Any advice would be very much appreciated we are completely at our wits end with this.

The evidence will normally focus on how the charge has been released/extinguished. So if it’s been bought out for example then the owner can release/discharge it. If some act it ‘thing’ has happened in law to extinguish it then that’s an alternative. 

If it’s linked to the original lease then I’d suggest looking at the terms of its creation and working forward from there. Much may hang on how the lease itself came to an end but the terms of the charge itself should also assist. 

The other aspect I’d perhaps expect to get a mention here is has it been paid and if so to whom? If not what have the seller’s done about that e.g put the £15 a year to one side to save for when asked? And are there options to still buy and insure against the risk of having to back pay the charge. 

These are all legal matters so the solicitors involved need to check, confirm and deal with it for you 

yeforriak

Hi

We are in the process of selling our house and we just found a minor spelling error in one of my surnames (and i that should be an e). I'm not sure if the error was caused by a mistake in the documents sent by our solicitor when we bought the property, or a type error when the registry was created.

What would you suggest as the next steps to get this amended as quickly as possible?

Thanks

Land_Registry

yeforriak said:

Hi

We are in the process of selling our house and we just found a minor spelling error in one of my surnames (and i that should be an e). I'm not sure if the error was caused by a mistake in the documents sent by our solicitor when we bought the property, or a type error when the registry was created.

What would you suggest as the next steps to get this amended as quickly as possible?

Thanks

Someone makes an application to correct it. If there’s a confirmed purchase they should then request expedition. Speak to your conveyancer to ensure it happens in that order. 

Name discrepancies can appear minor as you know who you are and what’s correct. But they are significant and crucial where people rely on perfect matches to be certain they are dealing with the right person 

mrscornishmaid

5 years ago we bought our house which is a cottage from around 1860, set back from a fairly main country road. The only access to the property is from the main road down a driveway which wasn't part of our title plan. The driveway is also a public footpath which goes round the side of the house and through the fields behind. The driveway doesn't lead anywhere apart from our house (it narrows to a footpath only after our house). We've looked into it and the driveway is unadopted/unregistered land, but a couple of our neighbours have vehicular right of way (as at some point in the past they could access the fields from this driveway but not any more as there is a stone wall and stile there). Our house however has no right of way/access over the driveway, nor do we own it or seemingly have any rights to use it. I'm worried about this being an issue when we sell (Which we may need to do as our family is growing). We were young when we bought it, our first house, and our solicitor never raised it as an issue but since then almost everyone we've spoken to has said we should look into it.

My question is, given that this property has always needed to use this driveway (for over 150 years potentially) can we apply to have some sort of rights over the land, or register it to our property as it is currently unregistered?  Or is this not an issue and I should just stop worrying? 

Sorry for the long post. Thanks in advance!