Land Registry questions

Time2go

Quick question we have sent a certified copy of a lease plan to be amended (from a black outline to red outline) and requested expedition on 3rd November roughly when should we receive notification that this has been amended

Thanks for your help

Land_Registry

Time2go wrote: »

Quick question we have sent a certified copy of a lease plan to be amended (from a black outline to red outline) and requested expedition on 3rd November roughly when should we receive notification that this has been amended

Thanks for your help

If it's to update the existing filed copy then I'd expect that to have happened within 5/7 working days
such requests aren't expedited so I'm wondering if you have in fact applied for something else such as an application to surrender the existing lease and replace it with a new one.
Did you have to execute a new deed/lease of any sort?
Do you know the title number?

Time2go

We asked if we could do it without having to do a new lease as it was litterally it had been scanned in at some point in black and white rather than in colour the ref is dn154799

Land_Registry

Time2go wrote: »

We asked if we could do it without having to do a new lease as it was litterally it had been scanned in at some point in black and white rather than in colour the ref is dn154799

Time2go - many thanks. I've located the enquiry and asked the local office to process it asap.

Lesh_2

Hi,

I would like to transfer my share of a property I jointly own with my brother over to him as a gift (there is no exchange of money). I'm going through the process of transferring the registered title (forms AP1 and TR1) but when Land Registry got back in touch to seek my consent to proceed with the transfer, they also made me aware of a restriction that is in place on the register.

"No disposition by a sole proprietor of the regsitered estate (except a trust corporation) under which captial money arises is to be registered unless authorised by an order of the court."

This restriction is in place to protect tennants in common, which is what my brother and I were. Land registry have said they won't be removing this restriction as part of the transfer of registered title process and if I would like to do so I would need to complete forms RX3 (cancel a restriction) and ST5 (statement of truth).

There's a couple of parts of these forms I'm not sure how to populate given the nature of the transfer; RX3 section 9 and ST5 sections 3 and 4. Given that this transfer is happening as a gift, there isn't much in terms of supporting evidence. So should I just fill in these sections stating the transfer is a gift and my brother is now the sole proprietor?

Could you offer any guidance on how to populate these sections in the forms to reflect this?

Thanks.

Land_Registry

Lesh wrote: »

Hi,

I would like to transfer my share of a property I jointly own with my brother over to him as a gift (there is no exchange of money). I'm going through the process of transferring the registered title (forms AP1 and TR1) but when Land Registry got back in touch to seek my consent to proceed with the transfer, they also made me aware of a restriction that is in place on the register.

"No disposition by a sole proprietor of the regsitered estate (except a trust corporation) under which captial money arises is to be registered unless authorised by an order of the court."

This restriction is in place to protect tennants in common, which is what my brother and I were. Land registry have said they won't be removing this restriction as part of the transfer of registered title process and if I would like to do so I would need to complete forms RX3 (cancel a restriction) and ST5 (statement of truth).

There's a couple of parts of these forms I'm not sure how to populate given the nature of the transfer; RX3 section 9 and ST5 sections 3 and 4. Given that this transfer is happening as a gift, there isn't much in terms of supporting evidence. So should I just fill in these sections stating the transfer is a gift and my brother is now the sole proprietor?

Could you offer any guidance on how to populate these sections in the forms to reflect this?

Thanks.

Our online guidance explains what details need to be included in the ST5.

Presumably when we got back in touch we also explained how to apply to tremove the restriciton and/or linked you to the guidance

We know what is happening re the legal ownership as the TR1 confirms that. What we need to know is what, if anything, has happened re the beneficial ownership during your joint ownership.

Section 6.2 of PG 24 also covers this

I would sugegst working through the bullet/losted points and use the wording provided as appropriate. If for any reason those points do not fit then I would recommend you seek legal advice as removing the restriction may not be the way forward.

goodwithsaving

Dear Land Registry. With the boundary amendment timeline being 8-10 working days, does it begin from when the forms are submitted, or from when the LR acknowledges receipt? How frequently do cases require a surveyor to visit the property in question if plans by a chartered surveyor and a boundary agreement signed by both parties were to be supplied?

Land_Registry

goodwithsaving wrote: »

Dear Land Registry. With the boundary amendment timeline being 8-10 working days, does it begin from when the forms are submitted, or from when the LR acknowledges receipt? How frequently do cases require a surveyor to visit the property in question if plans by a chartered surveyor and a boundary agreement signed by both parties were to be supplied?

Our average timescales start from the day we receive the application, which is also when any acknowledgement is issued

Every application is dealt with on merit so we do not log how frequently we may or may not require a surveyor to make a site visit re this type of application.

If an Agreement has been entered into, and includes a suitable plan, and the agreement does not drastically impact ont he registered extents, then in my experience a site visit would not be required. But as mentioned everything is on merit.

goodwithsaving

Thank you. Am I right that the Land Registry have 2 weeks in which to make the site visit (if one was needed)?

Land_Registry

goodwithsaving wrote: »

Thank you. Am I right that the Land Registry have 2 weeks in which to make the site visit (if one was needed)?

If a survey is requested we usually notify the applicant that a survey will take place within 2 weeks of our notification. There's no time limit as to our 'having to' complete the survey but the vast majority are made within that 2 week timeframe