Land Registry questions

wintersorrow

I bought my property 3 years ago and at the time of purchase there was a lot of back and forth over several of the boundaries, in particular the garden to the rear of the property. Eventually we uncovered that despite claiming otherwise, the previous owners didn’t own part of the land, and it was still owned by property developers who purchased and built on adjacent land. 

The land in question is surrounded on 3 sides by garden we do own, and on the other side is a public path, so there is little anyone other than us can do with the land. 

I’ve just found that developers in question filed for voluntary liquidation in 2018 and wondered how much this changed the processes involved in purchasing the land? From as far as I can see the land is still registered in their name, however in the liquidator’s statements there is no land or property listed in the assets.

What’s the easiest way of finding out how much this land would cost to purchase, without spending a lot on fees to find its not feasible. 

Bolt1234

Why would a house not appear on Land Registry sold prices? House was sold last Sept to a relative of the seller.

Dru84

Land_Registry said:

Dru84 said:

Hi LR, I am trying to remortgage and do a transfer of equity (to my partner) of my home but we’re having trouble with a restriction on the deeds (BM295178).

Is there any way to get the transaction through under these circumstances?

If not, what would the quickest approach be? Resurrect the residents company, then to re-issue a Cert of Compliance, or to apply to cancel/remove (not sure correct terminology) the restriction itself?

We’ve been stuck on the lenders higher rate of circa 4% for some time so looking for whatever gets us across the line soonest.

Many thanks, Dru

Have a read of PG 35 section 7.7 first 

Resurrecting the company is an option to be considered especially if you/you all want to cancel the restriction on each title. Without the company cancellation/withdrawal is unlikely 
Cancel is where some9 e other than the restrictioner applies to remove it. Withdrawal is where they do. 

Hi LR, Thanks. Once the company has been restored, if at that point the director then issues the Certificate of Compliance presumably the transaction go ahead? This would surely be quicker, then the homeowners could apply to cancel/withdraw the restriction as a separate exercise?

Thanks

Land_Registry

Dru84 said:

Have a read of PG 35 section 7.7 first 

Resurrecting the company is an option to be considered especially if you/you all want to cancel the restriction on each title. Without the company cancellation/withdrawal is unlikely 
Cancel is where some9 e other than the restrictioner applies to remove it. Withdrawal is where they do. 

Hi LR, Thanks. Once the company has been restored, if at that point the director then issues the Certificate of Compliance presumably the transaction go ahead? This would surely be quicker, then the homeowners could apply to cancel/withdraw the restriction as a separate exercise?

Thanks

It should be quicker and yes re withdrawal

firsttimesellerldn

Does anyone know how long the LR is like to take to remove a restriction from the register using an RX4 and a revised restriction applied for using RX1?

My solicitor has just informed me that the register contains a restriction which doesn't appear in the lease: "we note on entry B.3 of the register reference to paragraph 8.2(a) of schedule 4 of the lease and the lease does not have this paragraph". I'm the first owner and it sounds like this is an error but I don't know more details yet. 

I'm nearly four months into the current sale (lost a previous buyer last year) and my current buyer is going to lose patience if this holds things up for ages so I'm pretty worried.. 

Land_Registry

firsttimesellerldn said:

Does anyone know how long the LR is like to take to remove a restriction from the register using an RX4 and a revised restriction applied for using RX1?

My solicitor has just informed me that the register contains a restriction which doesn't appear in the lease: "we note on entry B.3 of the register reference to paragraph 8.2(a) of schedule 4 of the lease and the lease does not have this paragraph". I'm the first owner and it sounds like this is an error but I don't know more details yet. 

I'm nearly four months into the current sale (lost a previous buyer last year) and my current buyer is going to lose patience if this holds things up for ages so I'm pretty worried.. 

How long it takes depends on what’s actually happening re applications or trying to correct a mistake. 

It reads like it’s the former so RX4 and RX1 - key is for solicitor to reduce the wait time from several weeks to less than two. They need to request that it’s expedited
Once considered it all depends on it being in order. If it is then sorted quickly. If it’s not the timescale is stretched depending on what’s needed to put things right. 

So the key to not worrying for a long time is to ensure they get it expedited . 

Land_Registry

Bolt1234 said:

Why would a house not appear on Land Registry sold prices? House was sold last Sept to a relative of the seller.

There are exclusions but you can report the error online 
https://www.gov.uk/government/statistical-data-sets/price-paid-data-downloads#accuracy-of-the-data

Land_Registry

harib0uk said:

Hi LR,

I'm trying to track down old deeds and old conveyances to my property, It's registered electronically, and the title deeds have some information about when the land was sold but not when the house was built and first sold.

I've read on the gov website that If the register refers to deeds being filed, you should have copies. - I have the Title regster which states:

Title Number : HP183677
This title is dealt with by HM Land Registry, Weymouth Office.
The following extract contains information taken from the register of the above title
number. A full copy of the register accompanies this document and you should read that
in order to be sure that these brief details are complete.
Neither this extract nor the full copy is an 'Official Copy' of the register. An
official copy of the register is admissible in evidence in a court to the same extent
as the original. A person is entitled to be indemnified by the registrar if he or she
suffers loss by reason of a mistake in an official copy.

I'd like to fill out an OC2 to request details and pay the appropriate fee, but I can't just request 'all'  So how do I find out what details LR hold (other than those reffered to in the title dead) in order to request them? I have contected LR via the website but unhelpfully its just come back to fill out the OC2 form.

thank you

You’d need to check the register to see what’s referred to as ‘filed’ 
If nothing then you can still apply for a copy of the list of documents submitted when it was first registered. That will confirm what deeds were lodged at the time and then returned. 

However the register may give you a clue re the age of the property and the first sale. 

Land_Registry

wintersorrow said:

I bought my property 3 years ago and at the time of purchase there was a lot of back and forth over several of the boundaries, in particular the garden to the rear of the property. Eventually we uncovered that despite claiming otherwise, the previous owners didn’t own part of the land, and it was still owned by property developers who purchased and built on adjacent land. 

The land in question is surrounded on 3 sides by garden we do own, and on the other side is a public path, so there is little anyone other than us can do with the land. 

I’ve just found that developers in question filed for voluntary liquidation in 2018 and wondered how much this changed the processes involved in purchasing the land? From as far as I can see the land is still registered in their name, however in the liquidator’s statements there is no land or property listed in the assets.

What’s the easiest way of finding out how much this land would cost to purchase, without spending a lot on fees to find its not feasible. 

If the land is owned by the company then you should research what happens to their assets, including land. 
https://www.gov.uk/government/publications/corporate-insolvency

Buying the land is one option but claiming it as your own is another. See Practice Guides 4 and 5 but seek legal advice also 
https://www.gov.uk/topic/land-registration/practice-guides

firsttimesellerldn

Land_Registry said:

firsttimesellerldn said:

Does anyone know how long the LR is like to take to remove a restriction from the register using an RX4 and a revised restriction applied for using RX1?

My solicitor has just informed me that the register contains a restriction which doesn't appear in the lease: "we note on entry B.3 of the register reference to paragraph 8.2(a) of schedule 4 of the lease and the lease does not have this paragraph". I'm the first owner and it sounds like this is an error but I don't know more details yet. 

I'm nearly four months into the current sale (lost a previous buyer last year) and my current buyer is going to lose patience if this holds things up for ages so I'm pretty worried.. 

How long it takes depends on what’s actually happening re applications or trying to correct a mistake. 

It reads like it’s the former so RX4 and RX1 - key is for solicitor to reduce the wait time from several weeks to less than two. They need to request that it’s expedited
Once considered it all depends on it being in order. If it is then sorted quickly. If it’s not the timescale is stretched depending on what’s needed to put things right. 

So the key to not worrying for a long time is to ensure they get it expedited . 

Thanks so much for responding. 

My solicitor has told me that the practical way to deal with this is that, on completion of the sale, the buyer’s solicitors can submit the signed forms by [developer - who are party to the lease] simultaneously with the registration of their client’s interest at the Land Registry. 

I hope they will agree to that but if not I will ask them to request it is expedited.