Land Registry questions

Land_Registry

mariecollette22 said:

Please could I check what documents would be needed to change the name for a charge registered on a property. It is for our late mum on a property owned by a builder who she obtained a judgement against some 28 years ago. We are executors and LR already have probate cert on file. The estate is now settled however the charge (as an asset) has not been recovered (and may never be) The executors as beneficiaries need to put it into their names.

It all depends on how the charge has been registered as that decides how it can be updated and also whether it can be. 

I’d suggest you contact us with the specifics so our support team can look at the specifics and advise accordingly 

Secretsusie

Good evening.  The property I am buying is owned by three people.  A mum ( now deceased) and her adult children.  
The land registry has a 2 restrictions regarding deposition, the first is that it can't be sold by a sole owner. ( I assume it's held as tenants in common, all have signed the transfer) the second relates to a trust, and  adds the extra restriction that it can't be sold without one of those named in the trust making a statutory declaration that the disposition is in accordance with the trust. 
Is this something that just has to be written and passed to my solicitor or does it have to be removed before I can buy it.   Everyone in the chain is ready apart from this.  Many thanks.  Really hoping to complete this week. 

Land_Registry

Secretsusie said:

Good evening.  The property I am buying is owned by three people.  A mum ( now deceased) and her adult children.  
The land registry has a 2 restrictions regarding deposition, the first is that it can't be sold by a sole owner. ( I assume it's held as tenants in common, all have signed the transfer) the second relates to a trust, and  adds the extra restriction that it can't be sold without one of those named in the trust making a statutory declaration that the disposition is in accordance with the trust. 
Is this something that just has to be written and passed to my solicitor or does it have to be removed before I can buy it.   Everyone in the chain is ready apart from this.  Many thanks.  Really hoping to complete this week. 

Normally yes. You’ll need the stat Dec so that you can comply with the restriction when applying to register your purchase. If the trust protected by the restriction has come to an end due to the sale/purchase then the restriction is usually automatically cancelled if complied with. It’s not removed beforehand 

Secretsusie

Land_Registry said:

Secretsusie said:

Good evening.  The property I am buying is owned by three people.  A mum ( now deceased) and her adult children.  
The land registry has a 2 restrictions regarding deposition, the first is that it can't be sold by a sole owner. ( I assume it's held as tenants in common, all have signed the transfer) the second relates to a trust, and  adds the extra restriction that it can't be sold without one of those named in the trust making a statutory declaration that the disposition is in accordance with the trust. 
Is this something that just has to be written and passed to my solicitor or does it have to be removed before I can buy it.   Everyone in the chain is ready apart from this.  Many thanks.  Really hoping to complete this week. 

Normally yes. You’ll need the stat Dec so that you can comply with the restriction when applying to register your purchase. If the trust protected by the restriction has come to an end due to the sale/purchase then the restriction is usually automatically cancelled if complied with. It’s not removed beforehand 

Thankyou so much for your speedy response

leftism

Hi, we applied to have a bankruptcy noticed removed on 13th Oct and are still waiting. I think it was being expedited but really didn't expect it to take thins long. Do you have any idea how long it'll take? Everything in the chain is waiting on this one last bit. Cheers!

If it helps, this is the ref: K440VNR

Land_Registry

leftism said:

Hi, we applied to have a bankruptcy noticed removed on 13th Oct and are still waiting. I think it was being expedited but really didn't expect it to take thins long. Do you have any idea how long it'll take? Everything in the chain is waiting on this one last bit. Cheers!
If it helps, this is the ref: K440VNR

It was processed this morning, about an hour before you posted your comment, and the register updated

It was lodged on 13th Oct and wait times have been around 4/5 weeks throughout covid 
We receive around 18,000 applications per day so the delay is due to a backlog of work, Covid impact and wait time, which all applications are suffering from currently 
A request to expedite was submitted through the dedicated request channel on 3rd Nov (Tuesday)
It was expedited on the 5th (Thursday) and completed today 

Hopefully the sale/purchase can now complete 

leftism

Land_Registry said:
It was processed this morning, about an hour before you posted your comment, and the register updated

It was lodged on 13th Oct and wait times have been around 4/5 weeks throughout covid 
We receive around 18,000 applications per day so the delay is due to a backlog of work, Covid impact and wait time, which all applications are suffering from currently 
A request to expedite was submitted through the dedicated request channel on 3rd Nov (Tuesday)
It was expedited on the 5th (Thursday) and completed today 

Hopefully the sale/purchase can now complete 

Thank you so much. You don't know how happy you've made me!!

mbramwell

Hi,
Posting here for a bit of advice. We're nearly at the end of buying a property with a restriction on the title. The property will be a transfer of part from an existing 10 acre property. When the 10 acre property was sold an overage agreement was put in place on most of the land, with a restriction requiring a certificate of compliance for any dispositions other than a mortgage/remortgage. We are now buying a house that doesn't sit within the restricted area, but are having a small amount (around 0.1 of the 10 acres) of the restricted area included with the sale. Our solicitor is concerned that we may struggle to get a certificate of compliance in the future thus making it difficult to sell. How common are these kinds of restrictions, and is it something we do realistically need to be worried about?
Thanks in advance!
Martin

Land_Registry

mbramwell said:

Hi,
Posting here for a bit of advice. We're nearly at the end of buying a property with a restriction on the title. The property will be a transfer of part from an existing 10 acre property. When the 10 acre property was sold an overage agreement was put in place on most of the land, with a restriction requiring a certificate of compliance for any dispositions other than a mortgage/remortgage. We are now buying a house that doesn't sit within the restricted area, but are having a small amount (around 0.1 of the 10 acres) of the restricted area included with the sale. Our solicitor is concerned that we may struggle to get a certificate of compliance in the future thus making it difficult to sell. How common are these kinds of restrictions, and is it something we do realistically need to be worried about?
Thanks in advance!
Martin

They are not that common but I don’t think that really matters as it’s complying with it that matters most. 

You need to rely on your solicitor here to advise on ‘worry’ and risk. It maybe worth exploring whether, in seeking the certificate, the benefitting party are willing to release the land from the overage for example? 

mbramwell

Land_Registry said:

mbramwell said:

Hi,
Posting here for a bit of advice. We're nearly at the end of buying a property with a restriction on the title. The property will be a transfer of part from an existing 10 acre property. When the 10 acre property was sold an overage agreement was put in place on most of the land, with a restriction requiring a certificate of compliance for any dispositions other than a mortgage/remortgage. We are now buying a house that doesn't sit within the restricted area, but are having a small amount (around 0.1 of the 10 acres) of the restricted area included with the sale. Our solicitor is concerned that we may struggle to get a certificate of compliance in the future thus making it difficult to sell. How common are these kinds of restrictions, and is it something we do realistically need to be worried about?
Thanks in advance!
Martin

They are not that common but I don’t think that really matters as it’s complying with it that matters most. 

You need to rely on your solicitor here to advise on ‘worry’ and risk. It maybe worth exploring whether, in seeking the certificate, the benefitting party are willing to release the land from the overage for example? 

Thanks for getting back. We've tried to get them to release but it seems they are saying no, which is a shame! Thankyou for the advice, it seems we may have hit a brick wall on this one! Compliance isnt a problem, we have no intention of doing anything that will trigger the overage (building a housing estate would be hard on 0.1 of an acre), so having to get a certificate, and the potential difficulties of doing that in the future, massively outweigh the reason for having it there in the first place! But as long as they wont budge, I'm not sure theres much else to do on that. Thankyou again for getting back, much appreciated!