Land Registry questions

123ASB

Quick question, will the HMLR Property Alert system provide notification of the removal of a mortgage charge? 

Land_Registry

123ASB said:

Quick question, will the HMLR Property Alert system provide notification of the removal of a mortgage charge? 

It will notify you when the lender applies, yes, as it’s a significant application to update the register, It doesn’t confirm whether the removal was successful. 

Most lenders remove their charges electronically. They do that usually within 2/3 weeks of notifying you to confirm mortgage redeemed 

c9roline

Hi land registry or anyone who can help!
I’ve posted recently about an issue with a new build house we are buying. The house was built over 12 months ago and along with next door, is the last of the plots to be sold. 

We are quite far along in the process however, during checks and survey, it’s been found the detached garage to the front/side is not on the title plan and there is no additional planning permission for it. To add, the boundary lines on the title plan, seem to run through the garage, looking like it has been built outside of the boundary on one corner, crossing over with the grass verge against the fence to the front of the house.
We have been told the vendor is dealing with it but will this issue need to go to land registry or is it dealt with at the council? Our solicitor had warned us it could take a while to be resolved and we are worried about how this might affect us selling our current house/stamp duty cut off etc. 

Any advice appreciated!!
thank you 

Land_Registry

c9roline said:

Hi land registry or anyone who can help!
I’ve posted recently about an issue with a new build house we are buying. The house was built over 12 months ago and along with next door, is the last of the plots to be sold. 

We are quite far along in the process however, during checks and survey, it’s been found the detached garage to the front/side is not on the title plan and there is no additional planning permission for it. To add, the boundary lines on the title plan, seem to run through the garage, looking like it has been built outside of the boundary on one corner, crossing over with the grass verge against the fence to the front of the house.
We have been told the vendor is dealing with it but will this issue need to go to land registry or is it dealt with at the council? Our solicitor had warned us it could take a while to be resolved and we are worried about how this might affect us selling our current house/stamp duty cut off etc. 

Any advice appreciated!!
thank you 

Registration issues would come to us. If there were planning issues then those go to local authority 
If there’s an onward sale/purchase confirmed then the solicitor needs to requesting expedition with us re their application. 

I’m unaware of the local authority timescales 

c9roline

Land_Registry said:

c9roline said:

Hi land registry or anyone who can help!
I’ve posted recently about an issue with a new build house we are buying. The house was built over 12 months ago and along with next door, is the last of the plots to be sold. 

We are quite far along in the process however, during checks and survey, it’s been found the detached garage to the front/side is not on the title plan and there is no additional planning permission for it. To add, the boundary lines on the title plan, seem to run through the garage, looking like it has been built outside of the boundary on one corner, crossing over with the grass verge against the fence to the front of the house.
We have been told the vendor is dealing with it but will this issue need to go to land registry or is it dealt with at the council? Our solicitor had warned us it could take a while to be resolved and we are worried about how this might affect us selling our current house/stamp duty cut off etc. 

Any advice appreciated!!
thank you 

Registration issues would come to us. If there were planning issues then those go to local authority 
If there’s an onward sale/purchase confirmed then the solicitor needs to requesting expedition with us re their application. 

I’m unaware of the local authority timescales 

Thanks so much for your help. Would the issue with the boundary always come to you if it’s a new build?

Land_Registry

c9roline said:

Thanks so much for your help. Would the issue with the boundary always come to you if it’s a new build?

Only if some9be mad3 an application to update or change the registered details 

perfect10

I have the paper copies of my house deeds, how do I find out if it is registered at the Land Registry? I have owned the house a long time and was handed the deeds over once I finished paying the mortgage.  

Sorry but really don’t know how this works!

having recently sold my dads house this was all done online and no paper deeds were involved! 

Land_Registry

perfect10 said:

I have the paper copies of my house deeds, how do I find out if it is registered at the Land Registry? I have owned the house a long time and was handed the deeds over once I finished paying the mortgage.  

Sorry but really don’t know how this works!

having recently sold my dads house this was all done online and no paper deeds were involved! 

It reads as if it’s unregistered but have a look at Practice Guide 1 section 8 for the date when compulsory registration was applied to your area. If you bought before that date then it won’t be registered 
If unregistered PG 1 also explains how you can voluntarily register it as well 

gurd_singh

Hi, Look a for some advice please re: adverse possession applications and current timeframes

I am looking to purchase a house which has a decent size garden. The land registry searches have shown the back third of the garden (c.40ft) is not part of the title document but is unregistered. The garden is fully fenced of and to the naked eye there would not be any doubt the back 40ft is part of the plot. Garden has lawn and mature trees throughout. The property is adjacent to a few acres of unregistered farmland which continues to be in use as farmland.  The current owner (2nd owner since it was built in 2005) has lived in the house for 10 years and has enjoyed the garden with no issues. When the current owner bought the house, he purchased it with a statutory declaration from the vendor that the garden had been part of the plot for the previous 5 years. The local water search and ordnance survey map shows the property as a full plot ie the whole garden. It is just annoying the most important document (LR) hasnt been updated!! 
Given the the 12 year period has been breached (using the previous and current owners statutory declarations) the vendor has the ability to raise an adverse possession claim and obtain revised legal docs. Few questions
1) Given the above facts - any obvious reason why the claim would not go through?
2) Assuming the paperwork is in order, what is the timeframe for updated documents from LR to be issued? Impacted by Covid?
3) Would it be possible to expedite this claim given it is affecting the sale of the house (and 2 other houses in this chain) and if so what would the typical timeframe look like then?

Thanks for any help with this!

Land_Registry

gurd_singh said:

Few questions
1) Given the above facts - any obvious reason why the claim would not go through?
2) Assuming the paperwork is in order, what is the timeframe for updated documents from LR to be issued? Impacted by Covid?
3) Would it be possible to expedite this claim given it is affecting the sale of the house (and 2 other houses in this chain) and if so what would the typical timeframe look like then?
Thanks for any help with this!

1) No but the devil will be very much in the detail re their stat decs and whether ‘the facts’ satisfy the legal requirements to support the claim
2) 7/8 months wait before it’s considered.+ 3/4 weeks wait if in order and survey needed (almost always needed) + 3/4 weeks wait if stages 1 and 2 completed and wider checks then needed such as contacting adjoining landowners 
3) Yes if the purchase is confirmed - submit application first. Then request expedition with copy documentary evidence of the sale/purchase. Expedition reduces stage 1 wait time to 2 weeks or less. So you save the longest wait time but survey/checks are reliant on others so whilst processed by us ASAP we can’t expedite Ordnance Survey or third parties to respond