Land Registry questions

G_M

Land_Registry said:

G_M said:

Land_Registry said:

G_M said:

Neighbour and I have a Deed of Grant of Drainage registered against both our Titles outlining rights and obligations to use and maintain the shared septic tank in his garden.

We are replacing the tank with a treatment system, and also moving it from the location identified in the Deed.

It seems wise to reflect this in the Deed, either by amending it, or by cancelling it and registering a new Deed.

Which of the above options is easiest, and how would we go about it. We used a solicitor last time but as we already have the basic wording as a template I assume we can DIY if we know the best process. 

You can’t amend the actual Deed so you’ll need a new legal deed between all affected parties to achieve any variation/amendment. 

Any mortgage lender’s will also have to consent to the changes 
There is no obligation to use a solicitor but we would recommend you do and I’d suggest you speak to your mortgage lenders (if any) as they may insist you use one anyway before they’ll consent 
Application to register the deed against both titles is made using form AP1 with a £40 registration fee 

No lenders involved with either property.

I'm confidant we can replicate the original Deed with a few changes of wording, and amended Plan.

* can we delete/remove the existing Deed? If so, is that a separete application? If not, does that mean leaving a redundant (and inaccurate) deed registered?

* along with AP1 & £40, do we need ID1 and/or any other form?

* do we need 2 x AP1 & £40 (ie one for each property)?

Thanks

In my experience a single deed is used to release/vary the orig8nal deed/easements as appropriate. The same deed then grants/reserves the new easements 
One application then to register against both titles. ID1s are not needed. 

Final questions - hopefully....

AP1 panel 5 indicates I can self-certify the deed. It does not need certifying by a solicitor or other 'professional'?

Panels 13 & 14. If ID1 is not required, should these panels be left blank?

Thanks

Land_Registry

G_M said:

Final questions - hopefully....

AP1 panel 5 indicates I can self-certify the deed. It does not need certifying by a solicitor or other 'professional'?

Panels 13 & 14. If ID1 is not required, should these panels be left blank?

Thanks

See https://www.gov.uk/government/publications/change-the-register-ap1/guidance-completing-form-ap1#panel-5-documents-lodged 
If Identity verification is not needed you leave panels 13 and 14 blank 

G_M

Land_Registry said:

G_M said:

Final questions - hopefully....

AP1 panel 5 indicates I can self-certify the deed. It does not need certifying by a solicitor or other 'professional'?

Panels 13 & 14. If ID1 is not required, should these panels be left blank?

Thanks

If Identity verification is not needed you leave panels 13 and 14 blank 

In which case there is no applicable option in panel 12. Should that also be left blank?

Land_Registry

G_M said:

Land_Registry said:

G_M said:

Final questions - hopefully....

AP1 panel 5 indicates I can self-certify the deed. It does not need certifying by a solicitor or other 'professional'?

Panels 13 & 14. If ID1 is not required, should these panels be left blank?

Thanks

If Identity verification is not needed you leave panels 13 and 14 blank 

In which case there is no applicable option in panel 12. Should that also be left blank?

Yes - if it’s not a transfer, lease, charge or discharge then you only need to complete panels 1-7 inc and 15 

RJ1129

We are in the processing of buying a property which part of the house and majority of driveway has been built on land registered to someone else. (This is a new property that has been built by our vendor on their former garden).   We have been told that the vendors have approached the LR as they feel that there has been an error with the plans.  We have not been told that the LR are sending someone out to the property to measure the plot.
What we would like to know is what happens if:
1/  The LR find that there has been an error and the land does in fact belong to our vendor?  Does this automatically become their land and what is the process?  
2/  On average how long does this process take?
3/  Would we need to get the transfer and Plan document approved by the LR before we sign the paperwork,  or the fact that the above process has been undertaken, would be evidence that the LR would be happy that we would be the registered owner of the whole plot?
Many thanks

Land_Registry

RJ1129 said:

We are in the processing of buying a property which part of the house and majority of driveway has been built on land registered to someone else. (This is a new property that has been built by our vendor on their former garden).   We have been told that the vendors have approached the LR as they feel that there has been an error with the plans.  We have not been told that the LR are sending someone out to the property to measure the plot.
What we would like to know is what happens if:
1/  The LR find that there has been an error and the land does in fact belong to our vendor?  Does this automatically become their land and what is the process?  
2/  On average how long does this process take?
3/  Would we need to get the transfer and Plan document approved by the LR before we sign the paperwork,  or the fact that the above process has been undertaken, would be evidence that the LR would be happy that we would be the registered owner of the whole plot?
Many thanks

I can only be general with my replies as the devil is always very much in the detail re such complex matters but I’m sure you already appreciate that 
1) no as the registered owner has a potential say in what happens next so they would normally be notified before anything happened next
2) Several weeks and if others have to be notified the timescale will become stretched as they are given time to consider, get legal advice and respond as appropriate. In my experience this is rarely a quick process unless everything aligns and everyone agrees. 

But you need to rely on the seller and the solicitors here as to risks/timescales 
3) if their registered title is amended to include the land then your TP would follow from there. You/your solicitor would ‘approve’ it in the normal way so as if all the land was registered to the seller 

Paul58

Hi to all.
My mother in law is 88. She and her husband bought their house about 60 years ago.
He died.
Now she's wanting to move to a smaller house.
She has the deeds.
Estate Agents found the house was not registered.
I'm trying to find my way through the process of doing it.
I've started filling in form FR1.
Now, I've found a form TR1?
Do I just need to continue with FR1 or is there other forms I need?
Thank you.
Paul

Land_Registry

Paul58 said

Hi to all.
My mother in law is 88. She and her husband bought their house about 60 years ago.
He died.
Now she's wanting to move to a smaller house.
She has the deeds.
Estate Agents found the house was not registered.
I'm trying to find my way through the process of doing it.
I've started filling in form FR1.
Now, I've found a form TR1?
Do I just need to continue with FR1 or is there other forms I need?
Thank you.
Paul

If they bought it together and the Conveyancer is to them both then you need forms FR1 and DL 
Form TR1 would only be needed if the legal ownership was being transferred, which it is not 

peppapig14

is there anyway I can find out what the numbers are between plot 57 and the 3 car park spaces to the left hand side. the title plan is DT151318
we believe it may be a bin storage area but not sure whatbplots they relate to

Land_Registry

bannanna said:

Morning! 

I am purchasing a house where the LR title plan (from the 1980s) shows that the boundary only includes the patio and not the rest of the lawn which has been used by the current vendor and previous vendors for many years. When I look at the neighbour's title plan on the LR website I can see that they too have a plan from 1980s that indicates only the patio was included within the property boundaries, but they also have an additional plan from 2015 just outlining the lawn beyond the patio- presumably the neighbours have gone about legally registering the end of their garden so that they are the land owner for the entire garden. 

Wondering if the @Land_Registry could kindly provide some timescales around how long it would take for my vendor to register the bottom half of his garden into his name, prior to the sale of his house (to me) completes? Reviewing previous posts, I can see there is an expedited process - when is this normally indicated/triggered? Has COVID / SDLT pressures impacted on LR's timescales?

Apologies if I haven't used the correct terms re transfer/ownership above, hopefully you will be able to make sense of my question!

If they submit it and then request expedition afterwards then the timescales in a best case scenario could be 
Considered within 1-2 weeks. Without expedition the wait time would be months 
If claim in order then we’d need a site visit and that’s usually arranged within 2 weeks. Ordnance Survey do the visit so can’t be expedited 
If the site visit confirms claim then we usually have to notify adjoining/affected land/property owners. The6 are given time to reply 3/4 weeks. They can’t be expedited
So you are looking at a 7/8 week timescale if everything falls into place but that is a very general estimate and I would not be surprised if it took longer currently due to wider issues impacting