Land Registry questions

Land_Registry

laskoibence said:

@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.

Applied again as disapplied for a specific transaction in favour of buyer x etc 
Reads as if you need to go through same process again 

laskoibence

Land_Registry said:

laskoibence said:

@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.

Applied again as disapplied for a specific transaction in favour of buyer x etc 
Reads as if you need to go through same process again 

Thank You! Do You think this time will take less time to process it, as You have information about this property already?

Land_Registry

laskoibence said:

Thank You! Do You think this time will take less time to process it, as You have information about this property already?

I doubt it as the timescale is mostly wait time between receipt and consideration so that won’t change. It’s not about the property but about the application and supporting evidence. Get that right then time is not wasted 

laskoibence

Land_Registry said:

laskoibence said:

Thank You! Do You think this time will take less time to process it, as You have information about this property already?

I doubt it as the timescale is mostly wait time between receipt and consideration so that won’t change. It’s not about the property but about the application and supporting evidence. Get that right then time is not wasted 

Land_Registry said:

laskoibence said:

Thank You! Do You think this time will take less time to process it, as You have information about this property already?

I doubt it as the timescale is mostly wait time between receipt and consideration so that won’t change. It’s not about the property but about the application and supporting evidence. Get that right then time is not wasted 

thanks again! I had a call from the buyer, he said he would only buy the property if the restriction can be fully cancelled , not just dis apply for the sale. Do You think that's possible?

Land_Registry

laskoibence said

thanks again! I had a call from the buyer, he said he would only buy the property if the restriction can be fully cancelled , not just dis apply for the sale. Do You think that's possible?

Seems unlikely if last time it had to be disapplied. Logic follows that the first/best option is to try and get it cancelled/withdrawn. But if that’s not possible then disapplication is the alternative.
I’d suggest speaking to your conveyancer re options and the buyers conveyancer as there will be legal reasons as to why disapply is, rather than trying to cancel, is the better or only option for example 
 

lookstraightahead

Hello there. The house we are purchasing had a piece of land that needed to be transferred to the vendor by the previous owner! A TR1 form was signed by both parties and sent to land registry to register it to the current vendor about two weeks ago, on an expediated basis. How long might this take to be registered? 

Land_Registry

lookstraightahead said:

Hello there. The house we are purchasing had a piece of land that needed to be transferred to the vendor by the previous owner! A TR1 form was signed by both parties and sent to land registry to register it to the current vendor about two weeks ago, on an expediated basis. How long might this take to be registered? 

If it has been expedited then it should be considered ASAP. Everything then hinges on it being in order and nothing stopping it from being done. 

Suggest you check with conveyancer that it has actually been expedited and at what stage it’s at

SDLT_Geek

Land_Registry said:

lookstraightahead said:

Hello there. The house we are purchasing had a piece of land that needed to be transferred to the vendor by the previous owner! A TR1 form was signed by both parties and sent to land registry to register it to the current vendor about two weeks ago, on an expediated basis. How long might this take to be registered? 

If it has been expedited then it should be considered ASAP. Everything then hinges on it being in order and nothing stopping it from being done. 

Suggest you check with conveyancer that it has actually been expedited and at what stage it’s at

Well done @Land_Registry for being on the Forum bright and early, before 8.00 am on a Saturday!  A really helpful service.

Land_Registry

SDLT_Geek said:

Well done @Land_Registry for being on the Forum bright and early, before 8.00 am on a Saturday!  A really helpful service.

That’s very kind. Tough times for all 7 days a week at present so an online presence around the very stressful buying/selling process hopefully helps 

oxgr5360

Hello There - First of all, this forum has been so helpful for me over the past while and I think it's absolutely amazing how @Land_Registry engages here. So thank you in advance!

My husband's father passed away last May and my husband and brother-in-law have inherited the property through probate in autumn. We subsequently put the property on the market and found out that the leasehold only had 43 years left. We have a buyer for the property who was keen and patient while we contacted the leasehold company in December for information about how to extend. Unfortunately, the property company gave us the wrong information - saying that the lease had in fact been extended a decade ago and was actually at 110 years. We chased them up to find out why this wasn't updated with the Land Registry and, since they only communicate via post, we found out late January that they had given us incorrect information (about a property down the street) and actually there had been no extension. As our buyer was becoming impatient, we agreed to buy out the freehold instead of simply extending the lease. So we have only JUST been able to start the freehold process and hope to have the transfer lodged with the Land Registry in the next couple of weeks. 

My question is about the expediting process and current wait times. We have been advised that the processing times are up to 8 months presently, but that we have a good case for expediting. Though we have done everything in our power to sort this out quickly, it has unfortunately been a very long process and now two house sales are in jeopardy, two mortgage offers are at risk of expiring, and my husband and his brother are at risk of having to take on the mortgage of his father's home as the grace period is expiring. There is a lot on the line (not to mention I am 7 months pregnant with our first child and we were really hoping to sort this out and move by July).

As the solicitor advised, is it likely that we would be approved for an expedited service? We have provided our solicitors with two Notifications of Sale for proof - should we include anything else in the application? And, if we were approved, is the Land Registry still working towards a 10 day turnaround or has this timeframe been extended with the volume of work needing processing?

Apologies for the essay - the past 4 months have been incredibly frustrating (no thanks to the property company) and dealing with this all while pregnant has been less than pleasant. Any input would be amazing (though I know you can't make promises or anything). Thank you so much.