Land Registry questions

Seashell517

Land_Registry said:

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 

It is the copy downloaded from the land registry that is incomplete. I've contacted the conveyancer who dealt with my purchase to see if they have a complete copy, but it will be a week before it's back from storage. Apparently it should have been sent to me and wasn't... Seems like the original firm may have made a mistake when they sent it to the land registry? Does the land registry do checks to make sure all pages are present when they receive paperwork, @Land_Registry ?

Land_Registry

ian1246 said:

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). 

If it’s been going on for a while then I can’t put a timescale on it as clearly there’s an issue to be resolved. 

If your buyer’s property was in joint names and there’s a form A then she can’t sell it without either getting it removed or appointing someone as a trustee to act with her. 

It reads as if they have tried the former but she has yet to provide sufficient evidence to confirm she’s the sole legal and beneficial owner. 

Best to get clarification from her/her solicitor re issue and timescale in circumstances 

Land_Registry

Seashell517 said:

Land_Registry said:

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 

It is the copy downloaded from the land registry that is incomplete. I've contacted the conveyancer who dealt with my purchase to see if they have a complete copy, but it will be a week before it's back from storage. Apparently it should have been sent to me and wasn't... Seems like the original firm may have made a mistake when they sent it to the land registry? Does the land registry do checks to make sure all pages are present when they receive paperwork, @Land_Registry ?

We do but humans make such checks so sadly mistakes can be made both on submission and/or registration. 

If we’ve filed a deed lacking in content then we will explain that to anyone applying so if the stored deed doesn’t solve it refer back to whatever we have advised them when confirming it’s the only copy we have 

Swash

Hi,

I am in the final stages of buying a property and have been told that there is a problem with the title number of the property.  Apparently as it stands, the property cannot be registered in anyone else's name. Our vendor's solicitor has had to contact the original developer's legal team so they can rectify this error. I assume this will be through land registry. Do you know how long it would normally take to rectify this? Thank you.

Clare1384

Land_Registry said:

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  

My conveyancer said the purchase cannot complete without the head lease being registered but the developer said they completed 40+ sales. Based on your previous reply, it seems it is possible to complete without the head lease registered, however, what sort of problems it may potentially have? Thank you.

Land_Registry

Swash said:

Hi,

I am in the final stages of buying a property and have been told that there is a problem with the title number of the property.  Apparently as it stands, the property cannot be registered in anyone else's name. Our vendor's solicitor has had to contact the original developer's legal team so they can rectify this error. I assume this will be through land registry. Do you know how long it would normally take to rectify this? Thank you.

Not without some specific details as your description doesn’t really explain the issue or how they are trying to resolve it. If it’s an amendment as someone got something wrong and it’s ok to just correct it without anyone else having a say then 2/3 weeks wait 
But the devil is always in the detail and there’s no set timescale 

Land_Registry

Clare1384 said:

My conveyancer said the purchase cannot complete without the head lease being registered but the developer said they completed 40+ sales. Based on your previous reply, it seems it is possible to complete without the head lease registered, however, what sort of problems it may potentially have? Thank you.

No idea really if the sub lease has been legally granted - another Q only your conveyancer can really offer a view on 

G_M

Land_Registry said:

G_M said:

Land_Registry said:

G_M said:

Final questions - hopefully....

AP1 panel 5 indicates I can self-certify the deed. It does not need certifying by a solicitor or other 'professional'?

Panels 13 & 14. If ID1 is not required, should these panels be left blank?

Thanks

If Identity verification is not needed you leave panels 13 and 14 blank 

In which case there is no applicable option in panel 12. Should that also be left blank?

Yes - if it’s not a transfer, lease, charge or discharge then you only need to complete panels 1-7 inc and 15 

Hi again,

Finally got the deed executed and completing AP1

Panel 4 box 2 requires the value (no money changing hands). As 2 properties are affected by the Deed do I enter the combined current value of both properties?

laskoibence

@Land_Registry

Good Afternoon!
We bought a property back in 2018, there was a restriction on the title which took a few months to be removed! We are looking to sell the property now, can You please check if the restriction will make the sale complicated again? The management company does not exist anymore, this is why it took a few months to dissolve the restrictions. But are the restrictions applied again as we are selling the house?

Title number MS563915

Thanks in advance!

(12.05.2009) RESTRICTION: No transfer of the registered estate by the

proprietor of the registered estate is to be registered without a

certificate signed by Rosemount (Robson Street) Management Company

Limited (Co. Regn. No. 6519228) of Keepmoat House, Windward Drive,

Speke, Liverpool L24 8RF or their conveyancer that the provisions of

clause 13.6 of the transfer dated 29 October 2008 referred to in the

charge register have been complied with.

NOTE: By an order dated 4 December 2018 made under section 41(2) of the

Land Registration Act 2002 the restriction set out above was disapplied

in relation to an application to register a transfer in favour of buyer x

and buyer y provided the conditions to be satisfied under the

order.

Land_Registry

G_M said:

Land_Registry said:

G_M said:

Land_Registry said:

G_M said:

Final questions - hopefully....

AP1 panel 5 indicates I can self-certify the deed. It does not need certifying by a solicitor or other 'professional'?

Panels 13 & 14. If ID1 is not required, should these panels be left blank?

Thanks

If Identity verification is not needed you leave panels 13 and 14 blank 

In which case there is no applicable option in panel 12. Should that also be left blank?

Yes - if it’s not a transfer, lease, charge or discharge then you only need to complete panels 1-7 inc and 15 

Hi again,

Finally got the deed executed and completing AP1

Panel 4 box 2 requires the value (no money changing hands). As 2 properties are affected by the Deed do I enter the combined current value of both properties?

Yes if two properties in one deed