Land Registry questions

Land_Registry

Clare1384 said:

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!

You asked if the head lease should be registered so the answer is yes if they acquired it in the last 30+ years 
We can’t advise you on whether to purchase or not. That’s for your conveyancer to decide 
If you bought and then registered the wait time is 9+ months 

marsamver

We recently purchased a property that did not have a registered title.  the conveyancer said it wasn't an issue and we paid an additional fee to cover the handling of this.  Now we've bought the property do we need to register it ourselves?  If yes, can we do this ourselves or do I need another solicitor?  I know that the deeds drawings are not great, so i guess a new drawing of the boundaries would need to be made?

Thanks

Land_Registry

marsamver said:

We recently purchased a property that did not have a registered title.  the conveyancer said it wasn't an issue and we paid an additional fee to cover the handling of this.  Now we've bought the property do we need to register it ourselves?  If yes, can we do this ourselves or do I need another solicitor?  I know that the deeds drawings are not great, so i guess a new drawing of the boundaries would need to be made?

Thanks

Your purchase triggers the need to register  https://www.gov.uk/registering-land-or-property-with-land-registry/register-for-the-first-time
Whilst you don’t have to use a conveyancer most decide on that after they’ve read the guidance 

Clare1384

Land_Registry said:

Clare1384 said:

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!

You asked if the head lease should be registered so the answer is yes if they acquired it in the last 30+ years 
We can’t advise you on whether to purchase or not. That’s for your conveyancer to decide 
If you bought and then registered the wait time is 9+ months 

Thanks. Does the head lease only register when the first owner purchase the property? I was under the impression that the head lease would be registered for the entire development at the same time. My conveyancer did not advise on anything on the head lease and refused to report back until it is registered by the looks of it. Totally understand you cannot advise and I am trying to manage my expectation... Thanks again

Land_Registry

Clare1384 said:

Land_Registry said:

Clare1384 said:

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!

You asked if the head lease should be registered so the answer is yes if they acquired it in the last 30+ years 
We can’t advise you on whether to purchase or not. That’s for your conveyancer to decide 
If you bought and then registered the wait time is 9+ months 

Thanks. Does the head lease only register when the first owner purchase the property? I was under the impression that the head lease would be registered for the entire development at the same time. My conveyancer did not advise on anything on the head lease and refused to report back until it is registered by the looks of it. Totally understand you cannot advise and I am trying to manage my expectation... Thanks again

It’s all a question of timing re the granting of that head lease. If you are buying from an unregistered ownership then your solicitor will confirm  

RoxyRooRoo

We are selling our leasehold ground floor flat, we seem to have been stuck for a while at a final enquiry regarding the title plan... “you will note that half of the area coloured pink is missing on the enlargement section of the title plan, please kindly amend the same’ our solicitors have had this enquiry a while and are not really giving us much info on this so wondered if you can tell me if this is an easy fix or potentially a big issue? It has already been sent to land registry and referred to a senior case worker. It is a ground floor flat with a patio area attached and a private garden down a path, the small red square is a storage building/shed. Thanks in advance for any advice...

Seashell517

Hi @Land_Registry. Is it possible to download a copy of a TP1 from a specific date? My buyer's conveyancer wants an indemnity because some pages are missing, but it would seem to be easier to just get a copy of the one that was submitted...

Land_Registry

Seashell517 said:

Hi @Land_Registry. Is it possible to download a copy of a TP1 from a specific date? My buyer's conveyancer wants an indemnity because some pages are missing, but it would seem to be easier to just get a copy of the one that was submitted...

They or your own conveyancer can but you’d have to apply by post
however You may find the one they have they got from us hence the indemnity request. Have a chat with your own conveyancer both re incomplete deed and what we may have said re missing pages/indemnity if we’ve been asked of course 

Land_Registry

RoxyRooRoo said:

We are selling our leasehold ground floor flat, we seem to have been stuck for a while at a final enquiry regarding the title plan... “you will note that half of the area coloured pink is missing on the enlargement section of the title plan, please kindly amend the same’ our solicitors have had this enquiry a while and are not really giving us much info on this so wondered if you can tell me if this is an easy fix or potentially a big issue? It has already been sent to land registry and referred to a senior case worker. It is a ground floor flat with a patio area attached and a private garden down a path, the small red square is a storage building/shed. Thanks in advance for any advice...

Looks like they’ve contacted us to try to clarify/resolve things although seems you are already aware. 

From our end it reads like an easy fix as they are asking for an amendment to the title plan and property description. Complexity may arise if we disagree and don’t amend but in most cases they’d usually accept that provided we explain why. 

It should be resolved shortly hopefully 

ian1246

Hey Guys.
            Just a quick query - how long is it taking now for the Land Registry to remove a restriction on a property? I ask since we were hoping to exchange and complete within the next couple of weeks, only to discover that our buyer is not yet in a position to do so due to a restriction on her property which she is selling.

From downloading the title for our buyers property:

The restriction in question: "RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court"

From what I can tell, this is a standard restriction for properties purchased via Tenants in Common - how long does it normally take the Land Registry to remove this restriction?

Our Solicitors have informed us that this has been going on for a while now - so I am a little concerned that things are more complicated than we perhaps realise? (The title has 2 individuals named on the document as proprietors, but our purchaser is just one of them - so we aren't sure what has happened to the other, which we are presuming is her husband given the same surname on the title).