Land Registry questions

Land_Registry

workbench95 said:

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? 

Such applications have to go through a few key stages before being completed. 

The first is re the evidence provided and is it sufficient to support their claim
The second, if stage 1 is passed, is to have a site visit/survey completed by Ordnance Survey to confirm what is being claimed. 

And the third, if stage 2 is passed, is wider checks with adjoining/affected landowners to see if they consent/object. 

These all take time so 8 weeks is not unusual as expedition really only gets you to Stage 1 quicker than normal. Stages 2 and 3 can’t be expedited 
The solicitor should be able to check on progress using their secure portal. We wouldn’t routinely contact them during each stage unless any concerns were raised 
If it’s been 8 weeks since expedition I’d expect it to be at stage 3 and they can confirm that online as suggested and check what time is left re those wider checks as appropriate 

Land_Registry

sassypurple said:

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.

The issue is regarding the execution of the discharge itself. First Plus have seemingly executed it but incorrectly, hence our query. 

We’ve not received a reply as yet so I assume the solicitor is trying to get the creditor to execute the discharge correctly. As such you are very reliant on the creditor here. 

Jonathano

Hi Land Registry,
Thanks for previous advice. We have put in our AP1, and TR1 and ID1 to your office, some weeks ago. Our cheque has been cashed. Will we get notification that the change to the register has been made?? Or will we be sent a copy of the new Registry?   

Out of interest, we wrote to the company that had a charge on the property, as stated on the title. At what stage will the company ever get its money back . It is not a massive amount of money, but the title only states that they must be informed of any disposition.
thank you

Mani_London

Hi @Land_Registry ,

I have a below question asking on behalf of my sister. 
She is in middle of her divorce. She owns the house on her own through mortgage which she bought after she got married. The house was bought from council through right to buy and that is why her husband was not eligible to be on house deed or anything. She has received the below letter today. Can you please advise what does that mean. Her husband has no right on the house as he never paid any money towards house or mortgage. 
In regards to her divorce she is waiting for Decree of Nisi to be arrive any day now. 

will this effect if she has to re-mortgage the house in future or have to sell the house in future. how does this effect. what can she do to get this removed. 

Please advise. 

Many Thanks

Land_Registry

Jonathano said:

Hi Land Registry,
Thanks for previous advice. We have put in our AP1, and TR1 and ID1 to your office, some weeks ago. Our cheque has been cashed. Will we get notification that the change to the register has been made?? Or will we be sent a copy of the new Registry?   

Out of interest, we wrote to the company that had a charge on the property, as stated on the title. At what stage will the company ever get its money back . It is not a massive amount of money, but the title only states that they must be informed of any disposition.
thank you

Once it’s been processed, which may not be for at least 6/7 weeks, then we will contact you. If it’s all in order and the register is updated then that will be confirmed 
We aren’t involved re the debt/payment so best to ask your conveyancer or get legal advice 

Land_Registry

Mani_London said:

Hi @Land_Registry ,

I have a below question asking on behalf of my sister. 
She is in middle of her divorce. She owns the house on her own through mortgage which she bought after she got married. The house was bought from council through right to buy and that is why her husband was not eligible to be on house deed or anything. She has received the below letter today. Can you please advise what does that mean. Her husband has no right on the house as he never paid any money towards house or mortgage. 
In regards to her divorce she is waiting for Decree of Nisi to be arrive any day now. 

will this effect if she has to re-mortgage the house in future or have to sell the house in future. how does this effect. what can she do to get this removed. 

Please advise. 

Many Thanks

When you are married you have certain legal rights, which can include the matrimonial home, as here. Most married couples are joint legal owners so those rights are already protected. However if only one is the legal owner the other one can protect their rights of occupation, as in this case. 

Many spouses will do this to protect their rights whilst a divorce is being sorted. Nobody woukd normally buy or lend against the property whilst someone else had such rights. 

Once the divorce is finalised an application using a form HR4 and a copy of the decree absolute can be submitted to cancel it 

hippocrates1

How long does it take to add a parking space that was missed from the deeds now that possession has been sorted? 

Mani_London

Land_Registry said:

Mani_London said:

Hi @Land_Registry ,

I have a below question asking on behalf of my sister. 
She is in middle of her divorce. She owns the house on her own through mortgage which she bought after she got married. The house was bought from council through right to buy and that is why her husband was not eligible to be on house deed or anything. She has received the below letter today. Can you please advise what does that mean. Her husband has no right on the house as he never paid any money towards house or mortgage. 
In regards to her divorce she is waiting for Decree of Nisi to be arrive any day now. 

will this effect if she has to re-mortgage the house in future or have to sell the house in future. how does this effect. what can she do to get this removed. 

Please advise. 

Many Thanks

When you are married you have certain legal rights, which can include the matrimonial home, as here. Most married couples are joint legal owners so those rights are already protected. However if only one is the legal owner the other one can protect their rights of occupation, as in this case. 

Many spouses will do this to protect their rights whilst a divorce is being sorted. Nobody woukd normally buy or lend against the property whilst someone else had such rights. 

Once the divorce is finalised an application using a form HR4 and a copy of the decree absolute can be submitted to cancel it 

Thank you Land_Registry: Does that mean even if financial settlement is not done, once the decree of absolute is issued using HR4 this can be cancelled. 

Land_Registry

hippocrates1 said:

How long does it take to add a parking space that was missed from the deeds now that possession has been sorted? 

If it’s an amendment and nobody else involved then a couple of weeks wait. If it’s not a straightforward amendment then the timescale will be stretched but by how much depends on who has to be involved and agree to any changes 

Land_Registry

Mani_London said:

Thank you Land_Registry: Does that mean even if financial settlement is not done, once the decree of absolute is issued using HR4 this can be cancelled. 

Yes - the HR4 explains the circumstances of how the Notice can be cancelled