Land Registry questions

Land_Registry

Alywbwfc said:

Hi Land Registry. I am on the verge of exchange of contracts on a new build home, however my conveyancer has informed me that there is a pending application from the power company on the development, that means my registration application will be held up. The conveyancer has advised me that there are long delays with processing times for large developments at the land registry and that it could potentially take years! The conveyancer is currently checking with the lender if they are still ok to proceed prior to registration.

Just wondering if you have any information on the current situation and processing times of this kind?

Thanks in advance for anything you can share

Years may be a stretch but delays are significant. 

If there’s a pending application from a power company for benefit of the development hopefully the lender won’t say No 
Your solicitor can request expedition in the normal way if they won’t budge but it may still take a little while depending on what else is in the registration mix for the development 

Peppermint90

Hello @Land_Registry, 

I was wondering if you had any idea on the time it takes to remove matrimonial notice rights, where both parties on the title deeds are in agreement...? 

Thank you

Paul58

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 

Thank you.
But, having looked at the forms and mountainous pile of deeds (Which have been changed previously to just my mother in laws name) it all looks a bit too daunting. (Plenty of places it says it will reject application if not done correctly)
We've decided to let a solicitor deal with it.
However, the house only went on the market today and a developer is coming to view tomorrow.
I read it can take three to four months for the registration process.
I also read that a house can still be sold without being registered?
Is that correct, and if the guy tomorrow buys it, would it then be up to the buyer to register it?
Thank you,
Paul

jamjar92

Hello @Land_Registry,

I have been the leaseholder since I purchased/mortaged our house in 2005, last year the freeholder offered to transfer freehold to me . At a cost to me of £600. We the completed TP1 and AP1 and sent it off with the appropiate fee. I have had a letter back informing me of delays but it did not say how long, do we know how long to expect?

Until the transfer is completed am I still liable for any charges and will I be able to re-mortgage without an issue?

I want to get a paper copy of the deeds and a copy of the restrictive covanent, what are the forms I need to complete. Am I correct in thinking I can apply for these and tick a box for to be sent once the current transfer is complete to show I am now the freeholder.

Slithery

jamjar92 said:

Until the transfer is completed am I still liable for any charges and will I be able to re-mortgage without an issue?

I want to get a paper copy of the deeds and a copy of the restrictive covanent, what are the forms I need to complete. Am I correct in thinking I can apply for these and tick a box for to be sent once the current transfer is complete to show I am now the freeholder.

The date of transfer is whatever you filled in on the TP1 and AP1, the amount of time it takes for LR to update their records is irrelevant.

You are still liable as leaseholder to pay the current freeholder any charges required by the lease, from the date of transfer you also became the freeholder but this doesn't mean that the charges don't still exist.

You can apply for a copy of the deeds now if you want to, nothing on them changed when you purchased the freehold.

Land_Registry

Peppermint90 said:

Hello @Land_Registry, 
I was wondering if you had any idea on the time it takes to remove matrimonial notice rights, where both parties on the title deeds are in agreement...? 
Thank you

Wait time between lodgement and consideration/registration is likely to be around 5/6 weeks currently 

Land_Registry

Paul58 said

I read it can take three to four months for the registration process.
I also read that a house can still be sold without being registered?
Is that correct, and if the guy tomorrow buys it, would it then be up to the buyer to register it?
Thank you,
Paul

A first registration will usually wait 6+ months at the moment before it’s considered
It can be sold without being registered but that’s up to the buyer/conveyancer/lender and some say No. If they buy it then yes, up to them to then register it 

Land_Registry

jamjar92 said:

Hello @Land_Registry,

I have been the leaseholder since I purchased/mortaged our house in 2005, last year the freeholder offered to transfer freehold to me . At a cost to me of £600. We the completed TP1 and AP1 and sent it off with the appropiate fee. I have had a letter back informing me of delays but it did not say how long, do we know how long to expect?

Until the transfer is completed am I still liable for any charges and will I be able to re-mortgage without an issue?

I want to get a paper copy of the deeds and a copy of the restrictive covanent, what are the forms I need to complete. Am I correct in thinking I can apply for these and tick a box for to be sent once the current transfer is complete to show I am now the freeholder.

You’ll have to check what charges you have to pay and when that liability ends. We don’t deal with such matters so can’t advise you. But as Slithery posts if you’ve still got a lease then nothings changed unless those charges are payable to just you? 

It maybe that you’ve bought your freehold and are determining your lease by merging it back into the freehold. If so, and the lease comes to an end, presumably any liabilities within it come to an end too. 

Whether it hampers a remortgage is up to the lender. If you own the leasehold and have bought the freehold and the latter has been lodged then it’s possible to remortgage. But that’s often very dependent on the mortgage product and what’s required by the lender. 

TP1 applications are waiting around 9/10 months to be registered currently. 

So if you have a linked or dependent transaction such as a remortgage then you can request expedition to reduce that wait time significantly 

frogglet

Paul58 said:

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 

Thank you.
But, having looked at the forms and mountainous pile of deeds (Which have been changed previously to just my mother in laws name) it all looks a bit too daunting. (Plenty of places it says it will reject application if not done correctly)
We've decided to let a solicitor deal with it.
However, the house only went on the market today and a developer is coming to view tomorrow.
I read it can take three to four months for the registration process.
I also read that a house can still be sold without being registered?
Is that correct, and if the guy tomorrow buys it, would it then be up to the buyer to register it?
Thank you,
Paul

We sold our parents home which wasn't registered and actually was still in both names even though one parent had died a few years before. 
It wasn't an issue at all, we just provided the will and death certificate of the other parent.

Layton88

Hi, I’m currently doing a transfer of equity and my ex partner has been asked to do an ID1 form, we are currently struggling to find someone to do this for her at present, we have just seen there is an ID3 form which we will be able to get done a lot more easier, is it simply a case of doing the ID3 and then no need for the ID1?
thanks