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Land Registry questions

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  • Land_Registry
    Land_Registry Posts: 6,163 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    swajarbal said:
    @Land_Registry
    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.

    OC2 for a copy of the 1981 Transfer 
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Hi
    Hope you can help or offer some advice we are buying a house register title number HE20712 which has a equitable charge date 7.5.2008 created by an interim charging order in favour of Firstplus Financial Group PLC claim number 8CF00748. The lady who we are buying off has a letter from the company Elderbridge Ltd/FirstPlus Financial Group saying that the loan was settled in full on 27/11/2020 and that they asked for a discharge of this from HM land registry on 12/02/21. Our solicitor can see that the request has been received to remove the charge this week but has been denied as the request hasn't been done correctly and land registry have raised questions. Can you advise what the next step is regarding this, can we or the seller do anything by providing any evidence of the loan being repaid or does it need to be Elderbridge/FirstPlus that has to action this. Also any ideas of timescales of how long this process would take.

    Any guidance would be greatly appreciated as our solicitor has advised until this is sorted we can not proceed with the purchase.
    Thanks in advance
    The next step rests with the creditor/applicant FirstPlus as they need to satisfy our requirements - nothing you can do to affect that so very much something the seller might chase although we only contacted the applicant on the 17th. 
    Hopefully they can turn it around quickly 
    Hi
    We have been advised by Firstplus that they have replied to yourselves on the 30th of March.Is possible to confirm this is the case and also if it is possible for us to request that this be expiated by yourselves to resolve or is this something that can only be requested by a solicitor? We need to supply our buyers with a move date and need to know if we need to be looking for temporary accommodation
    Thanks in advance 
  • Land_Registry
    Land_Registry Posts: 6,163 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Hi
    Hope you can help or offer some advice we are buying a house register title number HE20712 which has a equitable charge date 7.5.2008 created by an interim charging order in favour of Firstplus Financial Group PLC claim number 8CF00748. The lady who we are buying off has a letter from the company Elderbridge Ltd/FirstPlus Financial Group saying that the loan was settled in full on 27/11/2020 and that they asked for a discharge of this from HM land registry on 12/02/21. Our solicitor can see that the request has been received to remove the charge this week but has been denied as the request hasn't been done correctly and land registry have raised questions. Can you advise what the next step is regarding this, can we or the seller do anything by providing any evidence of the loan being repaid or does it need to be Elderbridge/FirstPlus that has to action this. Also any ideas of timescales of how long this process would take.

    Any guidance would be greatly appreciated as our solicitor has advised until this is sorted we can not proceed with the purchase.
    Thanks in advance
    The next step rests with the creditor/applicant FirstPlus as they need to satisfy our requirements - nothing you can do to affect that so very much something the seller might chase although we only contacted the applicant on the 17th. 
    Hopefully they can turn it around quickly 
    Hi
    We have been advised by Firstplus that they have replied to yourselves on the 30th of March.Is possible to confirm this is the case and also if it is possible for us to request that this be expiated by yourselves to resolve or is this something that can only be requested by a solicitor? We need to supply our buyers with a move date and need to know if we need to be looking for temporary accommodation
    Thanks in advance 
    If they did then I assume by post as nothing showing up yet as being received/added to the application 
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • sassypurple
    sassypurple Posts: 40 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Hi
    Hope you can help or offer some advice we are buying a house register title number HE20712 which has a equitable charge date 7.5.2008 created by an interim charging order in favour of Firstplus Financial Group PLC claim number 8CF00748. The lady who we are buying off has a letter from the company Elderbridge Ltd/FirstPlus Financial Group saying that the loan was settled in full on 27/11/2020 and that they asked for a discharge of this from HM land registry on 12/02/21. Our solicitor can see that the request has been received to remove the charge this week but has been denied as the request hasn't been done correctly and land registry have raised questions. Can you advise what the next step is regarding this, can we or the seller do anything by providing any evidence of the loan being repaid or does it need to be Elderbridge/FirstPlus that has to action this. Also any ideas of timescales of how long this process would take.

    Any guidance would be greatly appreciated as our solicitor has advised until this is sorted we can not proceed with the purchase.
    Thanks in advance
    The next step rests with the creditor/applicant FirstPlus as they need to satisfy our requirements - nothing you can do to affect that so very much something the seller might chase although we only contacted the applicant on the 17th. 
    Hopefully they can turn it around quickly 
    Hi
    We have been advised by Firstplus that they have replied to yourselves on the 30th of March.Is possible to confirm this is the case and also if it is possible for us to request that this be expiated by yourselves to resolve or is this something that can only be requested by a solicitor? We need to supply our buyers with a move date and need to know if we need to be looking for temporary accommodation
    Thanks in advance 
    If they did then I assume by post as nothing showing up yet as being received/added to the application 
    Thanks for the reply,they didn't advise how they had replied I'll check again with them
  • Paddyone
    Paddyone Posts: 25 Forumite
    Third Anniversary 10 Posts

    Hi. Please can you help with my question, I purposely haven’t given my title number?

    The property has Abstract of the Title with an unbroken chain of ownership, conveyances and grants of probate. The property was first ever registered in 1996 when I purchased. It was formally Manor of Accrington New Hold.

    The Lease 1906, Indenture states “Plot on Parcel of Copyhold land part of a close… “

    My understanding of copyhold is this, " land that belonged to a Manor and was, notionally, property of the Lord of the Manor. The Lord, through his steward, ratified any transfer of land by surrender of the transferring party at a manorial court and admission of the new owner. Gradually copyhold land was enfranchised until the Law of Property Act 1922 abolished copyhold status, converting all such land into freehold”

    If a solicitor registered the unregistered land for the first time with HMLR during conveyance in 1996, why would HMLR give “Title Good Leasehold” and not Freehold?” It was clearly copyhold land. HMLR Have copies of the Deeds.

    Also, Is Title Freehold superior to Good Leasehold. The Title  has always concerned me as I expected Freehold as the property was advertised as Freehold and explained during the conveyance as being Freehold.

    Thank you


  • GlasgowExpat2
    GlasgowExpat2 Posts: 256 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    edited 5 April 2021 at 9:46PM
    Apologies if this is in the wrong thread. I’m interested in viewing a flat (don’t live nearby) and would like to see the lease in case there are any restrictions - is this possible?
  • workbench95
    workbench95 Posts: 13 Forumite
    First Post
    Hi, I'm in the process of buying a property - There was a slight discrepancy with the land registry, a small area of the seller's back garden is unregistered. They've been using the land uninterrupted and with no queries for over 20yrs, with no one else having access to the property.

    The application has been submitted and expedited as there is sale in process. However it's now been 8 weeks and the seller, nor his solicitor have heard anything from land registry at all? 

    I was just wondering what the current time frames are to have something like this sorted, given the current house buying climate? 
  • sassypurple
    sassypurple Posts: 40 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Hi
    Hope you can help or offer some advice we are buying a house register title number HE20712 which has a equitable charge date 7.5.2008 created by an interim charging order in favour of Firstplus Financial Group PLC claim number 8CF00748. The lady who we are buying off has a letter from the company Elderbridge Ltd/FirstPlus Financial Group saying that the loan was settled in full on 27/11/2020 and that they asked for a discharge of this from HM land registry on 12/02/21. Our solicitor can see that the request has been received to remove the charge this week but has been denied as the request hasn't been done correctly and land registry have raised questions. Can you advise what the next step is regarding this, can we or the seller do anything by providing any evidence of the loan being repaid or does it need to be Elderbridge/FirstPlus that has to action this. Also any ideas of timescales of how long this process would take.

    Any guidance would be greatly appreciated as our solicitor has advised until this is sorted we can not proceed with the purchase.
    Thanks in advance
    The next step rests with the creditor/applicant FirstPlus as they need to satisfy our requirements - nothing you can do to affect that so very much something the seller might chase although we only contacted the applicant on the 17th. 
    Hopefully they can turn it around quickly 
    Hi
    We have been advised by Firstplus that they have replied to yourselves on the 30th of March.Is possible to confirm this is the case and also if it is possible for us to request that this be expiated by yourselves to resolve or is this something that can only be requested by a solicitor? We need to supply our buyers with a move date and need to know if we need to be looking for temporary accommodation
    Thanks in advance 
    If they did then I assume by post as nothing showing up yet as being received/added to the application 
    Thanks for the reply,they didn't advise how they had replied I'll check again with them
    Hi I've checked again with the company who are now saying that they are having to refer it to another company to deal with (UK SL) but there is no contact details that they can give us for them. They have now asked them to look at this a number of times but doesn't look like they are dealing with it. Is there any information that our seller may have paperwork wise which might answer your queries without the input of the loan company so we can get this sorted as we are not getting anywhere with the loan company. I know we have seen evidence that the loan was fully paid off and they have requested discharge of the charge.
    Thanks again in advance.
  • Land_Registry
    Land_Registry Posts: 6,163 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    edited 7 April 2021 at 7:39AM
    Paddyone said:

    Hi. Please can you help with my question, I purposely haven’t given my title number?

    The property has Abstract of the Title with an unbroken chain of ownership, conveyances and grants of probate. The property was first ever registered in 1996 when I purchased. It was formally Manor of Accrington New Hold.

    The Lease 1906, Indenture states “Plot on Parcel of Copyhold land part of a close… “

    My understanding of copyhold is this, " land that belonged to a Manor and was, notionally, property of the Lord of the Manor. The Lord, through his steward, ratified any transfer of land by surrender of the transferring party at a manorial court and admission of the new owner. Gradually copyhold land was enfranchised until the Law of Property Act 1922 abolished copyhold status, converting all such land into freehold”

    If a solicitor registered the unregistered land for the first time with HMLR during conveyance in 1996, why would HMLR give “Title Good Leasehold” and not Freehold?” It was clearly copyhold land. HMLR Have copies of the Deeds.

    Also, Is Title Freehold superior to Good Leasehold. The Title  has always concerned me as I expected Freehold as the property was advertised as Freehold and explained during the conveyance as being Freehold.

    Thank you

    You refer to a 1906 Lease so presumably that’s why it’s leasehold and not freehold. 

    As far as Good Leasehold is concerned then in my experience that’s either because sufficient proof of title re granting that lease was not provided or that’s what was applied for. 
    Freehold is the superior title to a leasehold affecting the same property 
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Land_Registry
    Land_Registry Posts: 6,163 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Apologies if this is in the wrong thread. I’m interested in viewing a flat (don’t live nearby) and would like to see the lease in case there are any restrictions - is this possible?
    If the lease is registered you can search the register online and then apply by post for a copy of the lease as appropriate  https://www.gov.uk/get-information-about-property-and-land
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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