Land Registry questions

Land_Registry

avawat20 said:

My partner owns leasehold flat but also owns the freehold (it has a 900+ year lease) with the other owners). In order to transfer for a sale he has has to get it signed by all but one lives in France, another abroad (all others are landlords basically). He has sent to each, got them to print off and sign (and witnessed) and scan back in and then sent it to the next person to do the same. Has emails from each with their returned signed document. Now solicitor is saying it MUST be wet signatures. We have seen https://www.gov.uk/government/news/hm-land-registry-to-accept-electronic-signatures - would this process count as a mercury signature? Solicitor is apparently looking into this at the moment...

No as a Mercury signature is achieved as per the guidance you have linked to. The solicitor also needs to be satisfied re the execution. 

Most executed deeds in these examples would be completed in multiple parts and then returned to the solicitor. If they are able to utilise the electronic signatures option then they should know 

Land_Registry

LeeJ_2 said:

Can you please confirm that the text below is in fact a standard form K restriction. I'm 99% sure it is, but would like confirmation before I take this any further with my conveyancer.

(19.05.2008) RESTRICTION: No disposition of the registered estate is to

be registered without a certificate signed by the applicant for

registration or his conveyancer that written notice of the disposition

was given to Northern Rock Plc (Ref: ******************) care of

Eversheds LLP, Fairfax House, Merrion Street, Leeds, LS2 8HE (Ref:

*********) being the person with the benefit of an interim charging

order on the beneficial interest of ******** made by the

******** County Court on ******** under claim number **********.
Thanks in advance. 

It is  - see https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register#appendix-b-standard-form-restrictions

avawat20

Land_Registry said:

avawat20 said:

My partner owns leasehold flat but also owns the freehold (it has a 900+ year lease) with the other owners). In order to transfer for a sale he has has to get it signed by all but one lives in France, another abroad (all others are landlords basically). He has sent to each, got them to print off and sign (and witnessed) and scan back in and then sent it to the next person to do the same. Has emails from each with their returned signed document. Now solicitor is saying it MUST be wet signatures. We have seen https://www.gov.uk/government/news/hm-land-registry-to-accept-electronic-signatures - would this process count as a mercury signature? Solicitor is apparently looking into this at the moment...

No as a Mercury signature is achieved as per the guidance you have linked to. The solicitor also needs to be satisfied re the execution. 

Most executed deeds in these examples would be completed in multiple parts and then returned to the solicitor. If they are able to utilise the electronic signatures option then they should know 

So what is classed as a witness then? I assume the conveyancer rather than a witness the person signing has chosen?

benrichards0611

Hi Land registry.
I'm buying a house where a section of the driveway is registered to a third party (Seemingly in error). The sellers are applying for adverse possession. I wonder what the timescale on this would likely be? The register shows the land is registered to a person whom is likely to be deceased (registered in 1939) but I presume it would have been left to someone in their estate. 

Land_Registry

benrichards0611 said:

Hi Land registry.
I'm buying a house where a section of the driveway is registered to a third party (Seemingly in error). The sellers are applying for adverse possession. I wonder what the timescale on this would likely be? The register shows the land is registered to a person whom is likely to be deceased (registered in 1939) but I presume it would have been left to someone in their estate. 

If they’ve applied then they need to request expedition. If they haven’t then your wait will be several months. 

If it is expedited then it should be considered within 2 weeks. However a site visit would be needed (2-3 weeks) and wider checks also such as contacting neighbours to check/confirm claims made (3-4 weeks) 

Clare1384

Hi Land Registry, 
I am in the process of buying a new shared ownership property and the seller (Housing Association) have not confirmed the Head Lease is registered. I will be the first owner and noticed some of the flats are already occupied. Is the Head Lease normally registered for the development or are they only registered one flat at a time once it's been purchase? And how long does it take for the registration take?
Thank you. 

benrichards0611

Land_Registry said:

benrichards0611 said:

Hi Land registry.
I'm buying a house where a section of the driveway is registered to a third party (Seemingly in error). The sellers are applying for adverse possession. I wonder what the timescale on this would likely be? The register shows the land is registered to a person whom is likely to be deceased (registered in 1939) but I presume it would have been left to someone in their estate. 

If they’ve applied then they need to request expedition. If they haven’t then your wait will be several months. 

If it is expedited then it should be considered within 2 weeks. However a site visit would be needed (2-3 weeks) and wider checks also such as contacting neighbours to check/confirm claims made (3-4 weeks) 

Thanks. I'm not sure if they have ckmpkthe application and submitted yet or are in the process. If they haven't submitted it yet, but ask for it to be expedited when they do, then it should hopefully be looked at within 2 weeks? 

Land_Registry

Clare1384 said:

Hi Land Registry, 
I am in the process of buying a new shared ownership property and the seller (Housing Association) have not confirmed the Head Lease is registered. I will be the first owner and noticed some of the flats are already occupied. Is the Head Lease normally registered for the development or are they only registered one flat at a time once it's been purchase? And how long does it take for the registration take?
Thank you. 

Yes if they acquired it in the last 30+ years. A new lease would probably wait 9+ months at present before being processed 

Land_Registry

benrichards0611 said:

Land_Registry said:

benrichards0611 said:

Hi Land registry.
I'm buying a house where a section of the driveway is registered to a third party (Seemingly in error). The sellers are applying for adverse possession. I wonder what the timescale on this would likely be? The register shows the land is registered to a person whom is likely to be deceased (registered in 1939) but I presume it would have been left to someone in their estate. 

If they’ve applied then they need to request expedition. If they haven’t then your wait will be several months. 

If it is expedited then it should be considered within 2 weeks. However a site visit would be needed (2-3 weeks) and wider checks also such as contacting neighbours to check/confirm claims made (3-4 weeks) 

Thanks. I'm not sure if they have ckmpkthe application and submitted yet or are in the process. If they haven't submitted it yet, but ask for it to be expedited when they do, then it should hopefully be looked at within 2 weeks? 

No. They submit it and then request expedition. If the request is approved then it should be considered within 10 days. But that’s only the first stage as explained 

Clare1384

Land_Registry said:

Clare1384 said:

Hi Land Registry, 
I am in the process of buying a new shared ownership property and the seller (Housing Association) have not confirmed the Head Lease is registered. I will be the first owner and noticed some of the flats are already occupied. Is the Head Lease normally registered for the development or are they only registered one flat at a time once it's been purchase? And how long does it take for the registration take?
Thank you. 

Yes if they acquired it in the last 30+ years. A new lease would probably wait 9+ months at present before being processed 

Hi, do you mean if the land was acquired in the last 30+ years? The development completed a year ago, when are they normally required to register on the Land Registry and if not, can I actually still purchase the property? What is the timeframe once the lease begin to process? Thank you for the quick reply!