Land Registry questions

theloir

Hi,
Very close to finalising a long chain I'm in but it appears we've hit an impasse at the very bottom with a lease extension.
The buyer wants the extension to be registered with LR before completion yet the seller doesn't have the £12k required to do this and instead wants to register on sale completion and use the equity to pay the £12k. The buyer doesn't want to agree this by all accounts. Is there a way of unblocking this or are we doomed to the chain breaking down? In addition, should the registration be required before completion is the 10-day expedite still in place for the sellers to invoke?

Thanks in advance.

Land_Registry

theloir said:

Hi,
Very close to finalising a long chain I'm in but it appears we've hit an impasse at the very bottom with a lease extension.
The buyer wants the extension to be registered with LR before completion yet the seller doesn't have the £12k required to do this and instead wants to register on sale completion and use the equity to pay the £12k. The buyer doesn't want to agree this by all accounts. Is there a way of unblocking this or are we doomed to the chain breaking down? In addition, should the registration be required before completion is the 10-day expedite still in place for the sellers to invoke?

Thanks in advance.

Unblocking the impasse wouldn’t involve us so assume one for the conveyancers/parties to resolve
If they submit the application to register first and then request expedition after that, inc documentary evidence of sale/purchase, then it can be approved and its 10 business days or less wait before it’s considered 

sarcal3813

Hi @Land_Registry
We completed on our house 01/12/2020, what is the current wait time to register in our names? And how much quicker could it be if expedited? 

We have applied for a grant which is waiting on the Land Registry to be updated, and we can’t live in the house until the work is done after the grant has been issued. 

Thanks
Sarah

peppapig14

when purchasing out house lady year there was a small piece of unregistered land ( at side of our garden and onto the communal managed land which adjoins our garden ).
the solicitor investigated and it was added onto our title plan and updated with land registry. Now the management of of the communal land has found out and said that shouldn't be the case and it could have been part of the communal land , and they want to claim that part back.
where do we stand?

Land_Registry

sarcal3813 said:

Hi @Land_Registry
We completed on our house 01/12/2020, what is the current wait time to register in our names? And how much quicker could it be if expedited? 

We have applied for a grant which is waiting on the Land Registry to be updated, and we can’t live in the house until the work is done after the grant has been issued. 

Thanks
Sarah

If it was an already registered property then you’ve probably still got roughly a 2 week wait. 

If an application is expedited then the wait time is 2 weeks or less from date of expedition. 

underthewestway

We're buying a house which was originally semi-detached with some land to the side. The current owner built another house on the unattached side, making the property we are buying a mid-terrace instead, with a smaller garden. As the additional property was built fairly recently and has not been sold, it has not been registered separately, so the title needs to be split in the course of our purchase. 

My question is about the process for this and the impact on our mortgage application. I understand the vendors' solictors need to submit a TP1 to the land registry to request a split. Can this be done at the same time as the (reduced) original title is transferred to us? Or does the land registry need to agree the split first? If the latter, how long would this take? We've had our mortgage offer through and clearly the valuation and lender are aware the security is for the smaller plot rather than the currently registered title. Will the split have to be agreed by the land registry first in order for us to draw down the funds?

Many thanks in advance for your help.

Land_Registry

peppapig14 said:

when purchasing out house lady year there was a small piece of unregistered land ( at side of our garden and onto the communal managed land which adjoins our garden ).
the solicitor investigated and it was added onto our title plan and updated with land registry. Now the management of of the communal land has found out and said that shouldn't be the case and it could have been part of the communal land , and they want to claim that part back.
where do we stand?

You’d need to speak to your solicitor to clarify where you stand legally 
If the company are challenging our registration decisions then such challenges will be considered and dealt with but the devil will be in the details 

Land_Registry

underthewestway said:

We're buying a house which was originally semi-detached with some land to the side. The current owner built another house on the unattached side, making the property we are buying a mid-terrace instead, with a smaller garden. As the additional property was built fairly recently and has not been sold, it has not been registered separately, so the title needs to be split in the course of our purchase. 

My question is about the process for this and the impact on our mortgage application. I understand the vendors' solictors need to submit a TP1 to the land registry to request a split. Can this be done at the same time as the (reduced) original title is transferred to us? Or does the land registry need to agree the split first? If the latter, how long would this take? We've had our mortgage offer through and clearly the valuation and lender are aware the security is for the smaller plot rather than the currently registered title. Will the split have to be agreed by the land registry first in order for us to draw down the funds?

Many thanks in advance for your help.

The key Q here is will your lender be happy to lend against your own purchase of part (TP1). We don’t split beforehand normally as your TP1 achieves that. 

If the seller wanted to split before selling then they wouldn’t do that by way of a TP1 but by requesting a split based on a plan and explanation as to why it has to be split first.
So check with your conveyancer/lender first 

underthewestway

Land_Registry said:

underthewestway said:

We're buying a house which was originally semi-detached with some land to the side. The current owner built another house on the unattached side, making the property we are buying a mid-terrace instead, with a smaller garden. As the additional property was built fairly recently and has not been sold, it has not been registered separately, so the title needs to be split in the course of our purchase. 

My question is about the process for this and the impact on our mortgage application. I understand the vendors' solictors need to submit a TP1 to the land registry to request a split. Can this be done at the same time as the (reduced) original title is transferred to us? Or does the land registry need to agree the split first? If the latter, how long would this take? We've had our mortgage offer through and clearly the valuation and lender are aware the security is for the smaller plot rather than the currently registered title. Will the split have to be agreed by the land registry first in order for us to draw down the funds?

Many thanks in advance for your help.

The key Q here is will your lender be happy to lend against your own purchase of part (TP1). We don’t split beforehand normally as your TP1 achieves that. 

If the seller wanted to split before selling then they wouldn’t do that by way of a TP1 but by requesting a split based on a plan and explanation as to why it has to be split first.
So check with your conveyancer/lender first 

Thanks for your response. As a matter of interest, how long would it take to do the split via plan and explanation? I'm assuming that building another property on the land would be sufficient for you to do the split?

Land_Registry

underthewestway said:

Land_Registry said:

underthewestway said:

We're buying a house which was originally semi-detached with some land to the side. The current owner built another house on the unattached side, making the property we are buying a mid-terrace instead, with a smaller garden. As the additional property was built fairly recently and has not been sold, it has not been registered separately, so the title needs to be split in the course of our purchase. 

My question is about the process for this and the impact on our mortgage application. I understand the vendors' solictors need to submit a TP1 to the land registry to request a split. Can this be done at the same time as the (reduced) original title is transferred to us? Or does the land registry need to agree the split first? If the latter, how long would this take? We've had our mortgage offer through and clearly the valuation and lender are aware the security is for the smaller plot rather than the currently registered title. Will the split have to be agreed by the land registry first in order for us to draw down the funds?

Many thanks in advance for your help.

The key Q here is will your lender be happy to lend against your own purchase of part (TP1). We don’t split beforehand normally as your TP1 achieves that. 

If the seller wanted to split before selling then they wouldn’t do that by way of a TP1 but by requesting a split based on a plan and explanation as to why it has to be split first.
So check with your conveyancer/lender first 

Thanks for your response. As a matter of interest, how long would it take to do the split via plan and explanation? I'm assuming that building another property on the land would be sufficient for you to do the split?

If the split was approved and the application expedited then you are looking at 2 weeks providing everything is in order. As 1 out of every 2 applications involving a split of some sorts aren’t in order timescales can vary. 

The simple fact that it’s been built on is not reason enough to split. If for example the buyer’s lender refused to lend unless split first then that could be a valid reason. 

Documentary evidence is needed to confirm any reason also