Land Registry questions

VitalSigns

Hi land registry, need some help. I am in a chain and very close to setting an exchange date. My solicitor has found that one of the sellers first name is miss-spelled on the title (missing one alphabet) and also that the same seller has added a middle name last year by a deed poll, which is also missing on the title. My solicitor has asked the sellers solicitor to get this changed before exchange can take place. The property is registered to husband and wife, husband's name is spelled correct and no issues there. 
1 - How long does it take to make these changes on the title? Seller has confirmed that application has been sent to land reg and expedited by their solicitor as well.
2 - Is it a legal requirement to have the correct name on the title before exchange can take place (in this case, only one of the names is mis-spelled and missing a middle name)? Or can we exchange and complete regardless as the title registry will be on my name once we complete anyway?

ksb76

Land Registry, another question... If a deed of variation is noted on the land registry title document, should that deed of variation also be filed with the title, and available from yourselves. If not, where can it be found? Thanks. 

uralmaid

Hi  Land Registry  I have another question please - Our buyers are selling a smallholding.  One of the queries on their sale is regarding boundaries.  Our buyers solicitors are saying that they are hoping to resolve this by means of a statutory declaration but if their buyers won't accept this then it would have to go to land registry.  Just wondered if you have any information you could offer as to - if this was the case - what sort of timescale could we be looking at for it to be resolved.  Sorry I don't have more information.

Land_Registry

VitalSigns said:

Hi land registry, need some help. I am in a chain and very close to setting an exchange date. My solicitor has found that one of the sellers first name is miss-spelled on the title (missing one alphabet) and also that the same seller has added a middle name last year by a deed poll, which is also missing on the title. My solicitor has asked the sellers solicitor to get this changed before exchange can take place. The property is registered to husband and wife, husband's name is spelled correct and no issues there. 
1 - How long does it take to make these changes on the title? Seller has confirmed that application has been sent to land reg and expedited by their solicitor as well.
2 - Is it a legal requirement to have the correct name on the title before exchange can take place (in this case, only one of the names is mis-spelled and missing a middle name)? Or can we exchange and complete regardless as the title registry will be on my name once we complete anyway?

If it has been expedited, your solicitor should be able to check/confirm, then it should be looked at within a few days 
It’s not a legal requirement but many solicitors, and lenders, insist that names match 

Land_Registry

ksb76 said:

Land Registry, another question... If a deed of variation is noted on the land registry title document, should that deed of variation also be filed with the title, and available from yourselves. If not, where can it be found? Thanks. 

If the entry says it’s ‘filed’ then yes but until you check/apply we can’t guarantee we have a copy. 

If it’s a leasehold title and variation the actual responsibility for having a copy rests with the landlord and tenant 

Land_Registry

uralmaid said:

Hi  Land Registry  I have another question please - Our buyers are selling a smallholding.  One of the queries on their sale is regarding boundaries.  Our buyers solicitors are saying that they are hoping to resolve this by means of a statutory declaration but if their buyers won't accept this then it would have to go to land registry.  Just wondered if you have any information you could offer as to - if this was the case - what sort of timescale could we be looking at for it to be resolved.  Sorry I don't have more information.

Stat decs aren’t usually used for boundaries specifically but I’m guessing the6 mean the registered extent differs from the fence/wall/boundary on the ground. 

There are usually two options for a buyer. Complete and then sort it afterwards Or ge5 the seller to sort it first. If there’s a mortgage involved then often the choice isn5 the buyers but their lender’s anyway, So if option 2 happens you are looking at several weeks wait but so much depends on the specific details involved so do rely on the conveyancer for advice as they’ll have that detail 

ksb76

Land_Registry said:

ksb76 said:

Land Registry, another question... If a deed of variation is noted on the land registry title document, should that deed of variation also be filed with the title, and available from yourselves. If not, where can it be found? Thanks. 

If the entry says it’s ‘filed’ then yes but until you check/apply we can’t guarantee we have a copy. 

If it’s a leasehold title and variation the actual responsibility for having a copy rests with the landlord and tenant 

Thanks for responding. It's a deed of variation that alters an access point to agricultural land, so described in one location on the original title and then altered slightly on the deed of variation. Does that change whether it needs to be submitted to land registry?

Land_Registry

ksb76 said:

Land_Registry said:

ksb76 said:

Land Registry, another question... If a deed of variation is noted on the land registry title document, should that deed of variation also be filed with the title, and available from yourselves. If not, where can it be found? Thanks. 

If the entry says it’s ‘filed’ then yes but until you check/apply we can’t guarantee we have a copy. 

If it’s a leasehold title and variation the actual responsibility for having a copy rests with the landlord and tenant 

Thanks for responding. It's a deed of variation that alters an access point to agricultural land, so described in one location on the original title and then altered slightly on the deed of variation. Does that change whether it needs to be submitted to land registry?

I don’t quite follow as you were asking if we’d have a copy but now you are asking if it needs to be submitted? 

If they are mentioned on the title and referred to as ‘filed’ then we should have copies 
if they haven’t been registered it reads as if they should be 

peppapig14

part of our title says "to use shared private parking spaces within the external common areas for purpose for which the same are respectively intended and in accordance with provisions of this transfer"
does this mean you can use the shared private parking spaces alongside your parking space?

Land_Registry

peppapig14 said:

part of our title says "to use shared private parking spaces within the external common areas for purpose for which the same are respectively intended and in accordance with provisions of this transfer"
does this mean you can use the shared private parking spaces alongside your parking space?

I imagine so if you’ve got your own parking space. I guess how the ‘external common areas’ are defined will help you