Land Registry questions

peppapig14

Land_Registry said:

peppapig14 said:

Land_Registry said:

peppapig14 said:

can you please point me in right direction. 
on deeds there is a small section to the side of our garden which is unreadible due to the size - where can you find out exactly what this area is ? 

I’m unsure you can as the deed is the deed. 

Presumably if it’s something physical then the reality on the ground helps? 

Can you share a pic perhaps? 

it's a piece of grass, with 3 paking spaces to one side and my garden the other side. 

Ok but not easy to focus. In my experience any figures tend to be added to denote a distance measured in some way and annotated on the plan. 

thank you, the estate was built in the 1980's. Someone mentioned it could potentially be a marked bin area for flats across the road ( although nothing has ever been constructed there)  could the numbers be plot nos, rather than a distance?  how could I find the definate answer ? the shaded area around the blurred text is managed land and the management company just say they don't know what it is?
thank you for your time so far 

mralexmac

Has anyone got any advice as to how a leasehold garage that has never been transferred in ownership from the original developer can be put into my name?

We are in the middle of selling and this issue has arisen. We would obviously like to have this resolved as a matter of urgency. 

Any advice warmly welcomed 

Land_Registry

crazyoldmaurice said:

Hi Land Registry!
Have just heard from my solicitor that the Land Registry is missing a page from our Lease on the copy the LR holds, solicitor has said they have provided you with the page and are waiting for you to update your records accordingly before we can move on with our sale and get to exchange.
Just wondering how long this is likely going to take? We have been trying to sell since January with 2 previous failed sales and the currently sale has been going on since July so we are a bit antsy hence posting on here!

Many thanks!

Usually dealt with within a few days so not too much longer to wait and hopefully the missing page issue is resolved 

Land_Registry

peppapig14 said:

Land_Registry said:

peppapig14 said:

Land_Registry said:

peppapig14 said:

can you please point me in right direction. 
on deeds there is a small section to the side of our garden which is unreadible due to the size - where can you find out exactly what this area is ? 

I’m unsure you can as the deed is the deed. 

Presumably if it’s something physical then the reality on the ground helps? 

Can you share a pic perhaps? 

it's a piece of grass, with 3 paking spaces to one side and my garden the other side. 

Ok but not easy to focus. In my experience any figures tend to be added to denote a distance measured in some way and annotated on the plan. 

thank you, the estate was built in the 1980's. Someone mentioned it could potentially be a marked bin area for flats across the road ( although nothing has ever been constructed there)  could the numbers be plot nos, rather than a distance?  how could I find the definate answer ? the shaded area around the blurred text is managed land and the management company just say they don't know what it is?
thank you for your time so far 

Slightly confused now as to why it matters? 

A plan is there to explain specific matters referred to in the deed it belongs too. 

So if there’s a shaded area or a marked bin area that has a meaning then the deed would refer to ‘the shaded area.....’ and ‘the bin area marked.......‘ so if you want a definitive answer then the deed should provide the biggest clue and help. 

If it doesn’t mention the markings/references you’re not going to get a definitive answer. Just opinions.  

Land_Registry

mralexmac said:

Has anyone got any advice as to how a leasehold garage that has never been transferred in ownership from the original developer can be put into my name?

We are in the middle of selling and this issue has arisen. We would obviously like to have this resolved as a matter of urgency. 

Any advice warmly welcomed 

The developer has to lease or transfer it to you. 

I’m unsure how it’s a leasehold garage if still owned by the developer. It’s not leased until they grant a lease 

I assume you’ve been using it thinking it was yours. If so, and the developer still exists, the quickest way to solve it is probably to get them to transfer or lease it to you 
The alternatives presumably are to try and claim it but the leasehold aspect may complicate matters. 

If you are selling then I’d recommend you rely on your conveyancer’s advice as there’s not really enough here for us to offer too much. The devil is always in the detail re such matters. 

crazyoldmaurice

Land_Registry said:

crazyoldmaurice said:

Hi Land Registry!
Have just heard from my solicitor that the Land Registry is missing a page from our Lease on the copy the LR holds, solicitor has said they have provided you with the page and are waiting for you to update your records accordingly before we can move on with our sale and get to exchange.
Just wondering how long this is likely going to take? We have been trying to sell since January with 2 previous failed sales and the currently sale has been going on since July so we are a bit antsy hence posting on here!

Many thanks!

Usually dealt with within a few days so not too much longer to wait and hopefully the missing page issue is resolved 

Thank you for the response! My solicitors are making it sound like a huge complication that will massively slow things down, good to know its not!

mralexmac

Land_Registry said:

mralexmac said:

Has anyone got any advice as to how a leasehold garage that has never been transferred in ownership from the original developer can be put into my name?

We are in the middle of selling and this issue has arisen. We would obviously like to have this resolved as a matter of urgency. 

Any advice warmly welcomed 

The developer has to lease or transfer it to you. 

I’m unsure how it’s a leasehold garage if still owned by the developer. It’s not leased until they grant a lease 

I assume you’ve been using it thinking it was yours. If so, and the developer still exists, the quickest way to solve it is probably to get them to transfer or lease it to you 
The alternatives presumably are to try and claim it but the leasehold aspect may complicate matters. 

If you are selling then I’d recommend you rely on your conveyancer’s advice as there’s not really enough here for us to offer too much. The devil is always in the detail re such matters. 

So it is a garage under a coach house. We are assuming the lease (which we have never seen) exists - but is with the owner of the coach house. 

Records show, however, that the garage appears to still be in the name of the developer. 

If this is the case, is the process of them transferring it to us straightforward? 

Land_Registry

crazyoldmaurice said:

Land_Registry said:

crazyoldmaurice said:

Hi Land Registry!
Have just heard from my solicitor that the Land Registry is missing a page from our Lease on the copy the LR holds, solicitor has said they have provided you with the page and are waiting for you to update your records accordingly before we can move on with our sale and get to exchange.
Just wondering how long this is likely going to take? We have been trying to sell since January with 2 previous failed sales and the currently sale has been going on since July so we are a bit antsy hence posting on here!

Many thanks!

Usually dealt with within a few days so not too much longer to wait and hopefully the missing page issue is resolved 

Thank you for the response! My solicitors are making it sound like a huge complication that will massively slow things down, good to know its not!

Worth asking them why for clarity. Three things to mention that may reassure.
The first is it’s the landlord and tenant’s responsibility to hold the lease/counterpart. Not HM Land Registry as we are not a deeds repository. We are a registration authority. So whilst we will often have a copy of a registered or noted lease that’s not always the case and where we do the quality may not be 100% for example a blank/missing or poorly copied page(s) 
The second is that we can’t always just add a page that’s missing unless the provider is able to certify it as a true copy of the original. 

And third if it can’t be added/resolved then two options normally exist if the buyer/their lender won’t proceed. Get a new lease drawn up and surrender the old one. Or look for an indemnity (insurance) policy to cover things. 

None of that equates to a ‘huge complication or massively slowing things down’ at our end but they should know based on what they have and what they expect to happen next  

Land_Registry

mralexmac said:

Land_Registry said:

mralexmac said:

Has anyone got any advice as to how a leasehold garage that has never been transferred in ownership from the original developer can be put into my name?

We are in the middle of selling and this issue has arisen. We would obviously like to have this resolved as a matter of urgency. 

Any advice warmly welcomed 

The developer has to lease or transfer it to you. 

I’m unsure how it’s a leasehold garage if still owned by the developer. It’s not leased until they grant a lease 

I assume you’ve been using it thinking it was yours. If so, and the developer still exists, the quickest way to solve it is probably to get them to transfer or lease it to you 
The alternatives presumably are to try and claim it but the leasehold aspect may complicate matters. 

If you are selling then I’d recommend you rely on your conveyancer’s advice as there’s not really enough here for us to offer too much. The devil is always in the detail re such matters. 

So it is a garage under a coach house. We are assuming the lease (which we have never seen) exists - but is with the owner of the coach house. 

Records show, however, that the garage appears to still be in the name of the developer. 

If this is the case, is the process of them transferring it to us straightforward? 

Everything is straightforward if it’s clear who owns what. The problems tend appear when the seller isn’t the registered owner and of course time

If it’s under the coach house I’m guessing, again, that their purchase didn’t exclude the garage so they actually own the garage, which should have been leased. 

There’s little point asking anyone but your conveyancer here as they’ll know the facts/details and can explain what’s needed. 

We register the end result so if it’s unravelled and solved by way of a transfer/lease/amendment or claim then once applied for that can be expedited to help with timescales. But it reads as if you aren’t at the registration stage yet and don’t have the full and specific details - sorry but it’s too uncertain in detail to be sure re timescales 

peppapig14

Land_Registry said:

peppapig14 said:

Land_Registry said:

peppapig14 said:

Land_Registry said:

peppapig14 said:

can you please point me in right direction. 
on deeds there is a small section to the side of our garden which is unreadible due to the size - where can you find out exactly what this area is ? 

I’m unsure you can as the deed is the deed. 

Presumably if it’s something physical then the reality on the ground helps? 

Can you share a pic perhaps? 

it's a piece of grass, with 3 paking spaces to one side and my garden the other side. 

Ok but not easy to focus. In my experience any figures tend to be added to denote a distance measured in some way and annotated on the plan. 

thank you, the estate was built in the 1980's. Someone mentioned it could potentially be a marked bin area for flats across the road ( although nothing has ever been constructed there)  could the numbers be plot nos, rather than a distance?  how could I find the definate answer ? the shaded area around the blurred text is managed land and the management company just say they don't know what it is?
thank you for your time so far 

Slightly confused now as to why it matters? 

A plan is there to explain specific matters referred to in the deed it belongs too. 

So if there’s a shaded area or a marked bin area that has a meaning then the deed would refer to ‘the shaded area.....’ and ‘the bin area marked.......‘ so if you want a definitive answer then the deed should provide the biggest clue and help. 

If it doesn’t mention the markings/references you’re not going to get a definitive answer. Just opinions.  

the deeds to our house only make reference to managed area ( fees paid for upkeep of these small areas around the estate). 
We currently have 6 flats worth of bins alongside our house , and we have asked for them to be put in the flat gardens . there are 2 flats that don't have gardens, and someone is saying as the questioned area is a bin storage area on the deeds then one needs to be built. this is not something we are in favour of as it would be full view from our window. hence needing to know where to clarify this blurred item on the deeds.
Also the boundary line of our house is next to the managed area( we are end terrace ). there are currently no hedges, but am no correct in thinking that the boundary line can he a meter away from house due to the scale of the deeds plan (1250 )