Land Registry questions

misscaraxo

I have recently bought a house on a new build estate. The house is freehold but there was a plan for there to be a rent charge and management company for maintenance. Due to residents protesting this has been changed and now the council will be taking over maintenance. We have all been refunded the rent charge and council have confirmed this. 

My question relates to the TP01 where the management company is mentioned. How do I go about this being removed once the council have adopted? Will I be responsible for legal fees? 

Land_Registry

AKW said:

Land Registry question: 
Is there a process that allows registration in my name of a strip of unregistered land that I have possession of and where the legal owner can not be located, other than on the basis of adverse possession? 
It appears that my possession is not adverse since I have a right of way.

No. The law deals with claimed land and a claimed right of way differently. See PGs 4 & 5 for the former and 52 for the latter  https://www.gov.uk/topic/land-registration/practice-guides

Land_Registry

misscaraxo said:

I have recently bought a house on a new build estate. The house is freehold but there was a plan for there to be a rent charge and management company for maintenance. Due to residents protesting this has been changed and now the council will be taking over maintenance. We have all been refunded the rent charge and council have confirmed this. 

My question relates to the TP01 where the management company is mentioned. How do I go about this being removed once the council have adopted? Will I be responsible for legal fees? 

I’m assuming the register refers in some way to the rentcharge and you are trying to release/cancel it. And the rentcharge isn’t registered in its own right under a separate title. 
if so you’d need a form CN1 and evidence of its release/discharge but you really need to be checking what’s registered and getting some legal advice/assistance to ensure it’s dealt with correctly. Whoever acted for you when you purchased could be th3 way to go 
You’d need to ask whoever is charging a fee the Q who pays legal fees. The registration fee is £40. 

AKW

Land_Registry said:

AKW said:

Land Registry question: 
Is there a process that allows registration in my name of a strip of unregistered land that I have possession of and where the legal owner can not be located, other than on the basis of adverse possession? 
It appears that my possession is not adverse since I have a right of way.

No. The law deals with claimed land and a claimed right of way differently. See PGs 4 & 5 for the former and 52 for the latter  https://www.gov.uk/topic/land-registration/practice-guides

Is a strip of land, that doesn't have a title number allocated to it, called unregistered land?
If so, how can a strip of land of which the owner can't be located, be registered and by whom?
Does a squatter's granted right of way contradicts the essential of

• the squatter's possession without the owner's consent?

Land_Registry

AKW said:

Land_Registry said:

AKW said:

Land Registry question: 
Is there a process that allows registration in my name of a strip of unregistered land that I have possession of and where the legal owner can not be located, other than on the basis of adverse possession? 
It appears that my possession is not adverse since I have a right of way.

No. The law deals with claimed land and a claimed right of way differently. See PGs 4 & 5 for the former and 52 for the latter  https://www.gov.uk/topic/land-registration/practice-guides

Is a strip of land, that doesn't have a title number allocated to it, called unregistered land?
If so, how can a strip of land of which the owner can't be located, be registered and by whom?
Does a squatter's granted right of way contradicts the essential of

• the squatter's possession without the owner's consent?

Yes. See PG 5. Makes no sense and looks like you are mixing the two and I’d strongly recommend you seek legal advice as contradictions are legal issues, not registration ones 

greatcrested

Land_Registry said:

AKW said:

Land Registry question: 
Is there a process that allows registration in my name of a strip of unregistered land that I have possession of and where the legal owner can not be located, other than on the basis of adverse possession? 
It appears that my possession is not adverse since I have a right of way.

No. The law deals with claimed land and a claimed right of way differently. See PGs 4 & 5 for the former and 52 for the latter  https://www.gov.uk/topic/land-registration/practice-guides

The OP has a more detailed thread here on this issue. Whilst your response is obviously useful, I do wonder though about the difference between

* using the land as a ROW under licence from the owner, and

* using the land without the owner's licence, as one's own. OP says on his thread he's used the land ".... for 30 years to park a trailer and a store cabin, as well as a depository of land scape materials."

That latter is, surely, a trespass?

But given the potential complexity I echo your advice to seek legal advice.

Land_Registry

greatcrested said:

Land_Registry said:

AKW said:

Land Registry question: 
Is there a process that allows registration in my name of a strip of unregistered land that I have possession of and where the legal owner can not be located, other than on the basis of adverse possession? 
It appears that my possession is not adverse since I have a right of way.

No. The law deals with claimed land and a claimed right of way differently. See PGs 4 & 5 for the former and 52 for the latter  https://www.gov.uk/topic/land-registration/practice-guides

The OP has a more detailed thread here on this issue. Whilst your response is obviously useful, I do wonder though about the difference between

* using the land as a ROW under licence from the owner, and

* using the land without the owner's licence, as one's own. OP says on his thread he's used the land ".... for 30 years to park a trailer and a store cabin, as well as a depository of land scape materials."

That latter is, surely, a trespass?

But given the potential complexity I echo your advice to seek legal advice.

Multiple threads noted and appreciated - thank you. 

As you suggest if you don’t have permission from the legal owner then it’s trespass. The law recognises that though and allows the landowner to evict or stop any use of the right. 

The variation in the law re the different limitation periods is an interesting one but reflects, I suspect, the difference between what’s needed to prove you’ve actually taken possession (shorter period of time) and you’ve used it for access/right of way (much longer period of time) 
I’m no lawyer though and as mentioned this is a legal issue first and foremost 

ksb76

Question for Land Registry... we have a strip of land within our garden over which we have possessionary title. Our buyers have requested that we submit the application to obtain absolute title as greater than 12 years have passed now since the possessionary title was granted. Can you tell me how long applications like that are taking currently? Would love to know as it may impact completion within the stamp duty holiday. Thanks

Land_Registry

ksb76 said:

Question for Land Registry... we have a strip of land within our garden over which we have possessionary title. Our buyers have requested that we submit the application to obtain absolute title as greater than 12 years have passed now since the possessionary title was granted. Can you tell me how long applications like that are taking currently? Would love to know as it may impact completion within the stamp duty holiday. Thanks

5/6 week wait time - if you have a confirmed sale/purchase then get your conveyancer to submit the application and then request expedition. Two separate stages. 

Wait time is reduced to 10 days or less and generally speaking 3/4 days in most cases if the application is made correctly 

ksb76

Thanks very much Land Registry rep - we have a confirmed sale, so hopefully with an expedited request we can get this sorted quickly.