Land Registry questions

Mazza48

Land_Registry said:

Mazza48 said:

HI, I wonder if you can help please? I had a repair assistance grant from my local council for damp proofing on my house in 2014 and I stupidly didn't read the conditions properly.  On selling my house the searches have shown this as a land charge of almost £18,000.  I have now added this amount ot my mortgage and have had a revised offer.  My solicitor has advised that having the charge removed in a 'complex' process.  Can anyone advise please of the complexities of this and any approximate timescales.  The vendors of the house I am buying are being threatened by their vendor that he has a better buyer and wants to complete by end of May so I am very worried. Thankyou in advance.

Is it a Local Land Charge or is it registered as a Land Charge or noted on the land register? 

The letter states that it 'once payment is received  the entry relating to this financial charge will be removed from the Local Land Charge register'.
 
The payment will come out of the sale of my house.

Thankyou for responding, I really appreciate it.

Land_Registry

Mazza48 said:

Land_Registry said:

Mazza48 said:

HI, I wonder if you can help please? I had a repair assistance grant from my local council for damp proofing on my house in 2014 and I stupidly didn't read the conditions properly.  On selling my house the searches have shown this as a land charge of almost £18,000.  I have now added this amount ot my mortgage and have had a revised offer.  My solicitor has advised that having the charge removed in a 'complex' process.  Can anyone advise please of the complexities of this and any approximate timescales.  The vendors of the house I am buying are being threatened by their vendor that he has a better buyer and wants to complete by end of May so I am very worried. Thankyou in advance.

Is it a Local Land Charge or is it registered as a Land Charge or noted on the land register? 

The letter states that it 'once payment is received  the entry relating to this financial charge will be removed from the Local Land Charge register'.
 
The payment will come out of the sale of my house.

Thankyou for responding, I really appreciate it.

Ok - so it’s the local authority you need to deal with 

Mazza48

Thankyou - I have emailed them this morning

bkkmei

Hello Land Registry

I hope you can help me.  I jointly own a flat with my father, and back in June, we completed a lease extension.  Since then, we have been waiting for this to be registered at the Land Registry.  
Last week, my father died.  Among all the bereavement issues, it struck me that the extension has still not been registered as far as I know (I had checked with the solicitors in March).  I am not sure what to do now?  Do I wait for it to be registered under my father's name, and then amend once will issues have been sorted?  Thanks for any help here.

billy2shots

Hi @Land_Registry

Possibly one for a solicitor but I know you guys and gals help so much on here so I will give it a spin.


My business property of 20 years has the following restriction on the Register Title.  

'not more than one dwelling house to be erected on the plot'. 

House is 100 years old. I'm lead to believe 2 previous owners before me had the house split into flats.
The road the property is in is mainly flats. 

My question, will this prevent me converting the property to flats in the future?

If yes, how likely is it to have the restriction removed. 

For reference it looks like a Ltd company over 100 years ago sold the plot/house with the restriction. This company doesn't appear to exist anymore. 

Hope this falls within your remit. 

Land_Registry

billy2shots said:

Hi @Land_Registry

Possibly one for a solicitor but I know you guys and gals help so much on here so I will give it a spin.


My business property of 20 years has the following restriction on the Register Title.  

'not more than one dwelling house to be erected on the plot'. 

House is 100 years old. I'm lead to believe 2 previous owners before me had the house split into flats.
The road the property is in is mainly flats. 

My question, will this prevent me converting the property to flats in the future?

If yes, how likely is it to have the restriction removed. 

For reference it looks like a Ltd company over 100 years ago sold the plot/house with the restriction. This company doesn't appear to exist anymore. 

Hope this falls within your remit. 

First thing to say is you do need legal advice as you need to understand who might be able to enforce the covenant as well as what it actually means. We don’t give legal advice. 

A few things to ponder though and which may help 
Its a restrictive covenants imposed by the builder - terminology matters and a restriction is a different term meaning something else when dealing with registered land 
Covenants are usually imposed for the benefit of other land - reading the covenant if clause and identifying that benefiting land will be crucial 
The builder is unlikely (but still could) to own any of the benefiting land. Who does now is likely to matter as they are the ones best place to enforce a breach. 

One house converted into flats - is that a breach as using same house? 

Covenants can be released/removed in two ways. The benefiting landowner(s) release the covenants. Rare as identifying the benefiting land is often tricky as it’s not clear and/or getting multiple people to agree can be tricky. The second way is to make an application to the Land Tribunal and convince them the covenant is obsolete/impractical - it doesn’t read as if it is but again legal advice covers that 
So a few things to ponder before clarifying with legal advice as appropriate 

Land_Registry

bkkmei said:

Hello Land Registry

I hope you can help me.  I jointly own a flat with my father, and back in June, we completed a lease extension.  Since then, we have been waiting for this to be registered at the Land Registry.  
Last week, my father died.  Among all the bereavement issues, it struck me that the extension has still not been registered as far as I know (I had checked with the solicitors in March).  I am not sure what to do now?  Do I wait for it to be registered under my father's name, and then amend once will issues have been sorted?  Thanks for any help here.

I’m sorry to read of your loss here. It’s really up to you whether you notify us now or later. There is no complexity either way or rush as the death is sadly factual so the update can happen at any time. 

When you decide to update things then follow our guidance 
https://help.landregistry.gov.uk/app/answers/detail/a_id/29

billy2shots

Thank you for the swift info 👍

bkkmei

Land_Registry said:

bkkmei said:

Hello Land Registry

I hope you can help me.  I jointly own a flat with my father, and back in June, we completed a lease extension.  Since then, we have been waiting for this to be registered at the Land Registry.  
Last week, my father died.  Among all the bereavement issues, it struck me that the extension has still not been registered as far as I know (I had checked with the solicitors in March).  I am not sure what to do now?  Do I wait for it to be registered under my father's name, and then amend once will issues have been sorted?  Thanks for any help here.

I’m sorry to read of your loss here. It’s really up to you whether you notify us now or later. There is no complexity either way or rush as the death is sadly factual so the update can happen at any time. 

When you decide to update things then follow our guidance 
https://help.landregistry.gov.uk/app/answers/detail/a_id/29

Many thanks for your quick answer.  Is there any idea how much longer it will take for the lease extension to be registered?  It's been 10 months now.

Land_Registry

bkkmei said:

Many thanks for your quick answer.  Is there any idea how much longer it will take for the lease extension to be registered?  It's been 10 months now.

If it’s 10 months since it’s submitted then the wait shouldn’t be too much longer