Land Registry questions

Land_Registry

Richramps said:

Hello @Land_Registry
I actually have a similar case to one a few posts up where a house we are due to buy has some land which isn't registered to the seller. Its registered to another gentlemen whom has passed away. The solicitors have been informed that there is a 65 working day period in which the registered proprietor can object. Given that they have passed away and i believe the land registry are writing to an address that someone else now lives at (the address on the title register) there is no way to shorten that period? What would happen if who ever now lives at the address opens the letter and replies to the land registry stating that the registered proprietor no longer lives there?

Thanks for your time. i think this is an extremely helpful thread.
Cori

If they receive the letter then they shouldn’t open it as it’s addressed to someone else. They should just return it stating ‘gone away’ or similar
If they do that, even if they open and read it, then we would look to see if alternative addresses/options existed depending on what details we had. 

Unfortunately, and I suspect this is the real issue, we would not complete the application until the notice period had expired. 

Richramps

Land_Registry said:

Richramps said:

Hello @Land_Registry
I actually have a similar case to one a few posts up where a house we are due to buy has some land which isn't registered to the seller. Its registered to another gentlemen whom has passed away. The solicitors have been informed that there is a 65 working day period in which the registered proprietor can object. Given that they have passed away and i believe the land registry are writing to an address that someone else now lives at (the address on the title register) there is no way to shorten that period? What would happen if who ever now lives at the address opens the letter and replies to the land registry stating that the registered proprietor no longer lives there?

Thanks for your time. i think this is an extremely helpful thread.
Cori

If they receive the letter then they shouldn’t open it as it’s addressed to someone else. They should just return it stating ‘gone away’ or similar
If they do that, even if they open and read it, then we would look to see if alternative addresses/options existed depending on what details we had. 

Unfortunately, and I suspect this is the real issue, we would not complete the application until the notice period had expired. 

Thanks you for the prompt response. I thought that might be the case. 
It would seem from the title plan that there has been a rectification on the land of another property in the street (in 2018) which seemed to have the exact same problem. Would that help with issue at all? The registered proprietor was the same in both cases. Its now updated for the other house and the seller we are buying from needs to do the exact same thing as the other house did. 
Thanks
Cori

Trifetie

Hello @Land_Registry
I have a query which I hope you can help with

I am in the process of a house purchase. The property I am buying has a Form K restriction on the title in the form:

No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim or a final] charging order on the beneficial interest of {name of judgment debtor} made by the {name of court} on [date] (Court reference {insert reference}).

The relevant notice has been given and can be certified as such, but the solicitors on each side of the transaction are in disagreement over who is responsible for addressing the removal of the restriction, and when.

It seems logical that it should not be removed before the sale is completed because the beneficiary of the restriction presumably would want it to be retained until such time as the judgement debtor has liquidated their interest.

I understand that a form RX3 is needed to remove the restriction. Who normally completes this, the vendor or buyer? or can either do it?  And can this be processed concurrently with the AP1 when that is submitted to register the change in proprietorship and hence remove the restriction at the same time?

 Any guidance would be gratefully received.

Land_Registry

Trifetie said:

Hello @Land_Registry
I have a query which I hope you can help with

I am in the process of a house purchase. The property I am buying has a Form K restriction on the title in the form:

No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim or a final] charging order on the beneficial interest of {name of judgment debtor} made by the {name of court} on [date] (Court reference {insert reference}).

The relevant notice has been given and can be certified as such, but the solicitors on each side of the transaction are in disagreement over who is responsible for addressing the removal of the restriction, and when.

It seems logical that it should not be removed before the sale is completed because the beneficiary of the restriction presumably would want it to be retained until such time as the judgement debtor has liquidated their interest.

I understand that a form RX3 is needed to remove the restriction. Who normally completes this, the vendor or buyer? or can either do it?  And can this be processed concurrently with the AP1 when that is submitted to register the change in proprietorship and hence remove the restriction at the same time?

 Any guidance would be gratefully received.

If you are buying then it’s important to comply with the restriction and then submit the application to register your purchase. A form K restriction is then overridden and automatically removed/cancelled 
See PG 76 section 4. https://www.gov.uk/government/publications/charging-orders

However if for some reason the intention is to comply with the restriction and then apply for it to be cancelled using form RX3 that’s up to the conveyancers to decide. 

I’d refer them to PG 76 and how a form K is overreached in certain circumstances so no RX3 is needed
Theres a thread on MSE which explains this for you in much more detail - look up Charging order - the myth 

Trifetie

That's great thank you - I had looked at the other thread, but it was very long and I struggled to find the relevant parts. However you have confirmed pretty much what I thought having read PG76. Many thanks

Nile_E_Coyote

Land_Registry said:

Nile_E_Coyote said:

Land_Registry said:

Nile_E_Coyote said:

About to complete and vendors solicitors just realised there is still a charge on the title deeds from their mortgage lender. Mortgage was paid off years ago. They thought it was removed earlier in the process.

How long is this likely to take to be remedied? The lender are looking to remove it straight away.

If they remove it electronically then seconds. If a postal/paper application it will take much longer as it will wait a while before being considered and then we have to carry out wider checks to confirm it can be removed. 

If it’s a ‘high street’ lender then seconds seems most likely 

Its with Leeds building society. We have heard nothing back for 2 days so I'm worried it'll be a paper application.

Ok but they are a significant lender so I’d expect it to be electronic. And for you to hear back within 2 days currently is asking a lot. Most lenders remove the charge within 10-12 days on average after telling you 

Over 3 weeks now and still haven't had the charge removed. Sellers solicitor has sent a letter kicking off. They apparebtly located the archive over a week ago. Nothing else since.

Land_Registry

Nile_E_Coyote said:

Over 3 weeks now and still haven't had the charge removed. Sellers solicitor has sent a letter kicking off. They apparebtly located the archive over a week ago. Nothing else since.

I’m sorry to read that but thanks for the update. I’m afraid that timescales re such th8ngs have been stretched during Covid for a number of reasons. What may have happened in a short time before can take significantly longer at present especially if previous processes rely on people working in an office where such archives might be accessed more readily. 

Fingers crossed you hear something positive soon 

swajarbal

@Land_Registry
Hi, please can you advise what documents I need to request to be able to see something showing inward-facing T's to indicate boundary responsibilities for my neighbour's property? 
Would it be either of the documents I have underlined below, or something else?
I have downloaded the Title Plan and Register online, and as expected there are no boundary markings.
Title Number: NT XXXXXX
Do I need to request the document(s) using OC1 or OC2?
Thanks

A: Property Register

This register describes the land and estate comprised in the title.

1 (05.01.1982) The Freehold land shown edged with red on the plan of the above Title filed at the Registry and being XXX.

2 There are excluded from this registration the mines and minerals excepted by a Conveyance of the land in this title and other land dated 4 May 1948 made between (1) XXX and (2) XXX in the following terms and the land is also

subject to the following ancillary powers of working:-

SUBJECT NEVERTHELESS to an exception and reservation unto the person or persons now entitled thereto of all mines and minerals in and under the property hereby conveyed TOGETHER WITH the usual powers of working the

same by underground workings only.

3 The Transfer dated 21 December 1981 referred to in the Charges Register was made pursuant to Chapter 1 of Part 1 of the Housing Act 1980 and the land has the benefit of and is subject to such easements as are granted and reserved in the said Deed and the easements and rights specified in paragraph 2 of Schedule 2 of the said Act.

4 The Transfer dated 21 December 1981 referred to above contains provisions as to light or air and boundary structures.

B: Proprietorship Register

This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal.

Title absolute

1 (05.04.2016) PROPRIETOR: XXX and XXX of XXX.

2 (05.04.2016) The price stated to have been paid on 1 April 2016 was XXX.

3 (05.04.2016) The Transfer to the proprietor contains a covenant to observe and perform the covenants referred to in the Charges Register and of indemnity in respect thereof.

4 (05.04.2016) RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a written consent signed by the proprietor for the time being of the Charge dated 1 April 2016 in favour of XXX referred to in the Charges

Register.

Title number NT XXXXXX

2 of 3

C: Charges Register

This register contains any charges and other matters that affect the land.

1 A Transfer of the land in this title dated 21 December 1981 made between (1) XXX and (2) XXX contains restrictive covenants.

NOTE: Original filed.

2 (05.04.2016) REGISTERED CHARGE dated 1 April 2016.

3 (05.04.2016) Proprietor: XXX.

End of register

Richramps

Richramps said:

Land_Registry said:

Richramps said:

Hello @Land_Registry
I actually have a similar case to one a few posts up where a house we are due to buy has some land which isn't registered to the seller. Its registered to another gentlemen whom has passed away. The solicitors have been informed that there is a 65 working day period in which the registered proprietor can object. Given that they have passed away and i believe the land registry are writing to an address that someone else now lives at (the address on the title register) there is no way to shorten that period? What would happen if who ever now lives at the address opens the letter and replies to the land registry stating that the registered proprietor no longer lives there?

Thanks for your time. i think this is an extremely helpful thread.
Cori

If they receive the letter then they shouldn’t open it as it’s addressed to someone else. They should just return it stating ‘gone away’ or similar
If they do that, even if they open and read it, then we would look to see if alternative addresses/options existed depending on what details we had. 

Unfortunately, and I suspect this is the real issue, we would not complete the application until the notice period had expired. 

Thanks you for the prompt response. I thought that might be the case. 
It would seem from the title plan that there has been a rectification on the land of another property in the street (in 2018) which seemed to have the exact same problem. Would that help with issue at all? The registered proprietor was the same in both cases. Its now updated for the other house and the seller we are buying from needs to do the exact same thing as the other house did. 
Thanks
Cori

Hi @Land_Registry
I just wondered if the fact that there has been a previous rectification of the title for a different house on the same title number (although now on a different number after the rectification of course) and the notice would have been served to the proprietor back in 2018 affects the application our seller has on going? The proprietor will have unfortunately been deceased at the point of each application.
Thanks, Cori

Land_Registry

Richramps said:

Hi @Land_Registry
I just wondered if the fact that there has been a previous rectification of the title for a different house on the same title number (although now on a different number after the rectification of course) and the notice would have been served to the proprietor back in 2018 affects the application our seller has on going? The proprietor will have unfortunately been deceased at the point of each application.
Thanks, Cori

I wouldn’t expect it to affect, no