Land Registry questions

peppapig14

Land_Registry said:

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 

thank you
would it make any difference if we chose not to use the parking space marked with dashed lines within our boundary as it's never been made into a parking space and would mean we have hardly any garden space? 

the external areas are defined as -pedestrian ways, shared private parking spaces and any other areas indicated on the plan as managed areas -

Land_Registry

peppapig14 said:

Land_Registry said:

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 

thank you
would it make any difference if we chose not to use the parking space marked with dashed lines within our boundary as it's never been made into a parking space and would mean we have hardly any garden space? 

the external areas are defined as -pedestrian ways, shared private parking spaces and any other areas indicated on the plan as managed areas -

Not something we’d be involved in or able to offer comment on. Others maybe able to but you’d need to share more details I suspect and explain what ‘difference’ you are alluding to 

Slips36

Hi,
My buyers solicitor keeps making mistakes on TR1 form, she has had 3 goes and my solicitor assistant returned them back. I filled the first one which didn’t have my full name so I crossed it out and underneath put my full name, also where you sign was not in full name. I signed it and had a witness signed it. This is causing considerable delays as the buyers solicitor takes over 1 week each time to correct the form.
Can I get my solicitor to use the one I signed in early January. Can I exchange while I wait for the buyers solicitor to get the TR1 form right?

Land_Registry

Slips36 said:

Hi,
My buyers solicitor keeps making mistakes on TR1 form, she has had 3 goes and my solicitor assistant returned them back. I filled the first one which didn’t have my full name so I crossed it out and underneath put my full name, also where you sign was not in full name. I signed it and had a witness signed it. This is causing considerable delays as the buyers solicitor takes over 1 week each time to correct the form.
Can I get my solicitor to use the one I signed in early January. Can I exchange while I wait for the buyers solicitor to get the TR1 form right?

Qs only your solicitor can answer as it’s they who exchange 

ksb76

Land_Registry said:

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 

Apologies for the confusion. Original title indicates a deed of variation (gives a specific date) but no one can locate it. Just wanted to find out how you can obtain a copy of this, - is it available from land registry, ie has it had to be submitted in the past, or is it just held by the two parties that agreed the deed of variation. 

Land_Registry

ksb76 said:

Apologies for the confusion. Original title indicates a deed of variation (gives a specific date) but no one can locate it. Just wanted to find out how you can obtain a copy of this, - is it available from land registry, ie has it had to be submitted in the past, or is it just held by the two parties that agreed the deed of variation. 

If it’s referred to on the title then you can apply by post for a copy. Only way to find out if we’ve got one  https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

Onion1975

Hi 
we are in the process of buying a house and it’s been noted by our solicitor that the boundary of the property is incorrect on the title plan (we think it’s about 3ft out). It’s correct on the mapsearch snapshot but not on the title plan. The solicitor is saying that the title plan needs updating as the mortgage lender won’t release funds unless it’s corrected. I was wondering if anyone had any experience of this and how long updating the titlw plan to reflect the actual boundary will be. Is it a straightforward process or something difficult and long. 

Thanks in advance 

Land_Registry

Onion1975 said:

Hi 
we are in the process of buying a house and it’s been noted by our solicitor that the boundary of the property is incorrect on the title plan (we think it’s about 3ft out). It’s correct on the mapsearch snapshot but not on the title plan. The solicitor is saying that the title plan needs updating as the mortgage lender won’t release funds unless it’s corrected. I was wondering if anyone had any experience of this and how long updating the titlw plan to reflect the actual boundary will be. Is it a straightforward process or something difficult and long. 

Thanks in advance 

First thing to say is that they are right to go by the title plan as the MapSearch view is purely indicative. 

The second thing to say is that ‘about 3ft’ is a very small distance on a 1/1250 plan (urban title plans are to that scale) so it’s rarely a simple case of it’s wrong, do this. 

And thirdly a title plan isn’t just routinely updated to match another plan for example more recent OS detail as IF the change is significant then how did it happen matters to that consideration. 

So the answer as to how long is we really don’t know until the enquiry/application is made and what evidence your solicitor provides. The experiences of others may help understand the variations but as your situation will be unique until that detail is understood timescales won’t be any clearer 
From a purely Land Registry perspective an enquiry is around 5/7 days and an application to update 5/6 weeks wait and maybe more if we need more evidence and need to contact neighbouring title holders 

LeeJ_2

Form K Restriction
Hi
I'm buying a house which has a Form K restriction on the property. Am I correct in thinking that the sale can proceed but the following needs to happen:
1) The seller's conveyancer needs to notify the creditor, named on the restriction, of the sale
2) The seller's conveyancer needs to certify that they have notified the creditor of the sale.
3) When registering the sale with LR, the certification of notification to creditor needs to be provided and that will automatically result in the restriction being removed by the LR.

Is the above correct? If so, have I missed out any steps?
Thanks in advance for any help you can provide.

Land_Registry

LeeJ_2 said:

Form K Restriction
Hi
I'm buying a house which has a Form K restriction on the property. Am I correct in thinking that the sale can proceed but the following needs to happen:
1) The seller's conveyancer needs to notify the creditor, named on the restriction, of the sale
2) The seller's conveyancer needs to certify that they have notified the creditor of the sale.
3) When registering the sale with LR, the certification of notification to creditor needs to be provided and that will automatically result in the restriction being removed by the LR.

Is the above correct? If so, have I missed out any steps?
Thanks in advance for any help you can provide.

The key here is that it’s your conveyancer who makes the application to register your purchase. Not the seller. 

The form K restriction wording is clear that the conveyancer gives such a certificate so they need to be certain and that generally means that they, not the seller, notifies the creditor. 

When they lodge the application they then certify it’s been done in accordance with the form K wording