Land Registry questions

jannatiex4

Hi, the vendor is converting a leasehold house to freehold before completion, they have bought the freehold now, but land registry is pending, what is the lead time for land registry to be complete for the freehold with covid going on. 

I was expecting to complete on the 11th December, can I complete on this date and I register the freehold after completion if they handover the freehold to my solicitors? 

Will there be any issues with my mortgage if I complete with an unregistered freehold?

Thanks 
Nabil

Land_Registry

jannatiex4 said:

Hi, the vendor is converting a leasehold house to freehold before completion, they have bought the freehold now, but land registry is pending, what is the lead time for land registry to be complete for the freehold with covid going on. 

I was expecting to complete on the 11th December, can I complete on this date and I register the freehold after completion if they handover the freehold to my solicitors? 

Will there be any issues with my mortgage if I complete with an unregistered freehold?

Thanks 
Nabil

If they’ve bought the whole of an already registered freehold title then wait/lead time is 4/5 weeks 
If a purchase is confirmed then they can request expedition and reduce that time to generally less than 2 weeks 
As to your other Qs I’m afraid I can’t comment. Very much Qs for your conveyancer/lender 

CSox6

Hello

My sister has inherited our mum’s unregistered property.  We’re both executors and have probate and the deeds etc..  We've nearly completed forms FR1 TR1 and DL now and hope to submit them soon to the Land Registry.

At what point, please, can my sister have peace of mind that she actually does own the house (where she has lived for a long time).  For example does the form TR1 already "do the job" with us as transferors and my sister as transferee both of us having signed it "as a deed"?  If our efforts at FR1 are rejected does form TR1 still take effect?

Sorry to ask two questions at once but also we'd be grateful for some advice about searches - we have the searches that were done when our parents bought the property from the council back in the late nineteen seventies, and the release on the mortgage they paid off - is that enough?  If not can we submit the TR1 and then send the FR1 later?

Many thanks

Land_Registry

CSox6 said:

Hello

My sister has inherited our mum’s unregistered property.  We’re both executors and have probate and the deeds etc..  We've nearly completed forms FR1 TR1 and DL now and hope to submit them soon to the Land Registry.

At what point, please, can my sister have peace of mind that she actually does own the house (where she has lived for a long time).  For example does the form TR1 already "do the job" with us as transferors and my sister as transferee both of us having signed it "as a deed"?  If our efforts at FR1 are rejected does form TR1 still take effect?

Sorry to ask two questions at once but also we'd be grateful for some advice about searches - we have the searches that were done when our parents bought the property from the council back in the late nineteen seventies, and the release on the mortgage they paid off - is that enough?  If not can we submit the TR1 and then send the FR1 later?

Many thanks

The first thing to state is do not worry. Properties are inherited all of the time so the next bit is hopefully just paperwork completed in the right order 
The second thing to mention is that until the property is transferred and registered then it remains part of the deceased’s estate. But as you have probate you have control of that estate. 

The next step is to make an application to register using application forms FR1 and DL and the transfer form TR1. They go hand in hand so need to be submitted together. 
As for searches you would need current ones so once you have everything you should then submit. There’s no rush so take your time to read the guidance (Practice Guide 1) and forms before complet8ng and submitting them and your application. 

Post again if further Qs arise but it reads as if you are on track 
https://www.gov.uk/government/publications/first-registrations

somerlouise

Hi!
We accepted an offer on our flat in September. Things have been very slowly working their way through but we have recently hit a bit of a problem. 

The flat was a conversion done in the 1980’s. Originally the building was a house but was divided into two flats. The garden was also divided into two spaces. When we moved in there was a fence between the two gardens. I will admit that I didn’t look too closely at the plans. 

Turns out that the fence does not match what is on the land registry. So we actually have a slightly larger garden according to LR and our downstairs neighbours a slightly smaller one. However if we follow the original LR plans and not as it stand currently our neighbours would have to walk through our garden to get to theirs, which is far from ideal. A fence was put up at some point (at least 15 years ago). 

Both ourselves, the neighbours and our purchasers want the fence to remain as is and the LR plans to be changed. 

Solicitor has created a change of deeds for LR and everyone has signed it. She has expedited it as we have agreed to sell. (This was done last week )

Our buyers are very patient but the people we buying from are getting antsy. 

What would the time frame be? Any advice?

Land_Registry

somerlouise said:

Solicitor has created a change of deeds for LR and everyone has signed it. She has expedited it as we have agreed to sell. (This was done last week )

Our buyers are very patient but the people we buying from are getting antsy. 

What would the time frame be? Any advice?

If it’s been expedited then it should be considered within 2 weeks (usually sooner) of that expedition. 

So the only advice would be to check/confirm it’s a valid ‘change of deeds’ as unsure what that means based on your description. And that it has actually been expedited. The solicitor doesn’t expedite it as they have to request it through a specific channel and provide proof of the linked transaction 

somerlouise

Thank you- the words the solicitor used were’deed of variation ‘. 

Not sure if that makes it any clearer. My solicitor has been helpful but she is very busy and rarely explains anything in any great detail. 

This is the last thing (fingers crossed) that needs any attention as all the searches are back so it is holding the sale(s) up. I am hoping that it isn’t a long process. 

Land_Registry

somerlouise said:

Thank you- the words the solicitor used were’deed of variation ‘. 

Not sure if that makes it any clearer. My solicitor has been helpful but she is very busy and rarely explains anything in any great detail. 

This is the last thing (fingers crossed) that needs any attention as all the searches are back so it is holding the sale(s) up. I am hoping that it isn’t a long process. 

Understood and that means they are presumably looking to vary both leases to include extra and less land respectively
So the key is that she has requested expedition correctly and it’s been approved. That’s a very simple online check but everyone is stretched at present. 

If you DM me the title number or address I can have a look in the morning and at least see what’s happening our end. May help ease some of the stress for you and conveyancer? 

PTsixfields

Hi. My wife is the sole name on the registry of the house we live in.We want to add my name to the register and be joint tenants.There is no mortgage on the property.One local solicitor wants £993 to do the work.Do we have to have a solicitor or can we do it ourselves

Land_Registry

PTsixfields said:

Hi. My wife is the sole name on the registry of the house we live in.We want to add my name to the register and be joint tenants.There is no mortgage on the property.One local solicitor wants £993 to do the work.Do we have to have a solicitor or can we do it ourselves

You don’t have to use a solicitor but we always recommend you do as they are familiar with forms/process, can verify your identities and offer wider legal advice 
I’d suggest having a read through our online guidance and linked forms before deciding 
https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property