Land Registry questions

Land_Registry

mrscornishmaid said:

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!

It’s not a case of needing to use it but more one if having used it for a continuous period of time. It’s certainly something to think about if there’s no registered right and it’s not a public right of way. Your solicitor will probably have considered it before you bought so worth having a look back if you can? 

If it is an issue then have a look at our Practice Guide 52 and get some legal advice now 

KE48

We are in the process of selling our house which was built around 3 years ago. The buyers' solicitor has said that the Trasnfer lodged with the LR is missing pages and needs to be amended before we can exchange. We thought we would be exchanging next week so need to know what happens next. I have the full pack of docs sent to us by the solicitor when the purchase was registered and cannot see any missing pages but haven't seen the version the solicitor has from their searches.
1) can the register be updated if there is something missing?
2) how long is this likely to take to resolve?
3) does it have to be resolved if we hold the full pack of documents (transfer, deed of covenenant etc) or does this depend entirely on whether the buyer accepts our copies? Thank you! 

Land_Registry

KE48 said:

We are in the process of selling our house which was built around 3 years ago. The buyers' solicitor has said that the Trasnfer lodged with the LR is missing pages and needs to be amended before we can exchange. We thought we would be exchanging next week so need to know what happens next. I have the full pack of docs sent to us by the solicitor when the purchase was registered and cannot see any missing pages but haven't seen the version the solicitor has from their searches.
1) can the register be updated if there is something missing?
2) how long is this likely to take to resolve?
3) does it have to be resolved if we hold the full pack of documents (transfer, deed of covenenant etc) or does this depend entirely on whether the buyer accepts our copies? Thank you! 

If it’s a missing pages issue and you have a full copy then that needs to be sent in and the filed details updated. That shouldn’t take too long. 

It all depends on what your buyer accepts although really it’s their conveyancer/lender that counts as they can vary on what’s required. 

I’d suggest you simply follow things through with your own conveyancer to clarify, confirm and resolve matters as it reads as if you can do that with a complete copy 

KE48

Land_Registry said:

KE48 said:

We are in the process of selling our house which was built around 3 years ago. The buyers' solicitor has said that the Trasnfer lodged with the LR is missing pages and needs to be amended before we can exchange. We thought we would be exchanging next week so need to know what happens next. I have the full pack of docs sent to us by the solicitor when the purchase was registered and cannot see any missing pages but haven't seen the version the solicitor has from their searches.
1) can the register be updated if there is something missing?
2) how long is this likely to take to resolve?
3) does it have to be resolved if we hold the full pack of documents (transfer, deed of covenenant etc) or does this depend entirely on whether the buyer accepts our copies? Thank you! 

If it’s a missing pages issue and you have a full copy then that needs to be sent in and the filed details updated. That shouldn’t take too long. 

It all depends on what your buyer accepts although really it’s their conveyancer/lender that counts as they can vary on what’s required. 

I’d suggest you simply follow things through with your own conveyancer to clarify, confirm and resolve matters as it reads as if you can do that with a complete copy 

Thansk for responding so quickly. I'm hoping it turns out there are no missing pages but glad to know this can be resolved if there are. Is there a way to expedite the update if we have a sale pending this change? 

Land_Registry

KE48 said:

Land_Registry said:

KE48 said:

We are in the process of selling our house which was built around 3 years ago. The buyers' solicitor has said that the Trasnfer lodged with the LR is missing pages and needs to be amended before we can exchange. We thought we would be exchanging next week so need to know what happens next. I have the full pack of docs sent to us by the solicitor when the purchase was registered and cannot see any missing pages but haven't seen the version the solicitor has from their searches.
1) can the register be updated if there is something missing?
2) how long is this likely to take to resolve?
3) does it have to be resolved if we hold the full pack of documents (transfer, deed of covenenant etc) or does this depend entirely on whether the buyer accepts our copies? Thank you! 

If it’s a missing pages issue and you have a full copy then that needs to be sent in and the filed details updated. That shouldn’t take too long. 

It all depends on what your buyer accepts although really it’s their conveyancer/lender that counts as they can vary on what’s required. 

I’d suggest you simply follow things through with your own conveyancer to clarify, confirm and resolve matters as it reads as if you can do that with a complete copy 

Thansk for responding so quickly. I'm hoping it turns out there are no missing pages but glad to know this can be resolved if there are. Is there a way to expedite the update if we have a sale pending this change? 

It’s done fairly quickly so there’s no expedite process for updating a filed copy 

smallbiznewbie

I pulled out of buying a so-called 'freehold' property on discovering that it was 'good leasehold'. 

I know a 'good leasehold' can be upgraded to 'absolute leasehold' if various legal proofs are provided. Is it necessary to upgrade to 'absolute leasehold' before buying the freehold reversion (after the statutory 2 years are up) or can a 'good leasehold' be upgraded to freehold without needing to provide any further documentation?

Thanks!

Land_Registry

smallbiznewbie said:

I pulled out of buying a so-called 'freehold' property on discovering that it was 'good leasehold'. 

I know a 'good leasehold' can be upgraded to 'absolute leasehold' if various legal proofs are provided. Is it necessary to upgrade to 'absolute leasehold' before buying the freehold reversion (after the statutory 2 years are up) or can a 'good leasehold' be upgraded to freehold without needing to provide any further documentation?

Thanks!

The two upgrades you are referring to are very different. 

As you state upgrading a good to absolute leasehold is invariably about correcting the ‘defect’ that existed at the time and why it was registered good and not absolute. 

You don’t upgrade to a freehold from leasehold though. You determine (end) the lease in some way so you are just left with the freehold. In your case if you bought the leasehold, then obtained the freehold you’d look to determine the lease by merging the lease back into the freehold. 

As you are buying you need to rely on your conveyancer here for advice on your legal options 

Spotofbother

Hi, we put in an expedited RX4 on the 14th october. Is it possible to have an update. Our reference is Q442WNR.

many thanks

Land_Registry

Spotofbother said:

Hi, we put in an expedited RX4 on the 14th october. Is it possible to have an update. Our reference is Q442WNR.

many thanks

We wouldn’t normally try to cover off this type of enquiry via MSE as the lodging conveyancer would be the one to check and update you. They can do that via their secure portal. 

However, in an effort to provide some detail we still have it and it’s waiting to be considered. It’s not been expedited so I’d suggest clarifying with the conveyancer to confirm that they used their secure portal to request expedition and supplied documentary evidence of the urgency. If they’ve used a different channel and/or not supplied evidence then that could be why it’s not been expedited yet 

drsmudge

Hi

My brother, my sister, and I are executors of our late mum’s will.  We have grant of probate.

My sister has inherited our mum’s house, which isn’t registered with the land registry.  We consequently want to have the house registered in my sister’s name.

 We have the necessary forms, and the house deeds and associated documents; we think the matter is straightforward enough that we need not engage a solicitor or conveyancer to transfer the property and to register it with the land registry.

 Is it acceptable for my sister alone to apply to register and to transfer the house in her name?  If so, that would seem conveniently to remove the need to verify my brother’s and my own identities – and possibly also that of my sister (who would be acting as executor transferor and transferee).  Incidentally my sister has lived in that house, with our mum, for many years.

 Would the registration be considered, and charged, as a voluntary registration?

 Very many thanks for any help with this.