Land Registry questions

kir-royale

Hi Land Registry,

You guys are so helpful on here, that I was hoping you might be able to answer a question for me too please?🙂

We are currently selling our house & the buyers solicitor has raised a query on a restriction that is on the register of title relating to our property when we purchased it in April 2010. The edition dated 18/05/2010 states “Until 29 August 2010 no disposition of the registered estate (except a charge) by the proprietor of the registered estate is to be registered without a certificate signed by Webb Resolutions Limited or by its conveyancer that the provisions of clause 12.2 of the transfer dated 29 April 2010 made between Webb Resolutions Ltd and & (our names)”

At the time we bought the property, it was a repossession &  non mortgageable so we had to pay cash until such time as the property was classed as habitable & then we could get the mortgage we needed. I think Webb Resolutions Ltd were the company involved with the bank/ repossession at the time? However, the company has now dissolved.

Our solicitor is saying that we have to pay for an RX4 at £150 +VAT in order to get the restriction moved for our buyers. However, the fact that the restriction specifically states “Until 29 August 2010...” means that this restriction no longer exists, so why would we have to pay to have it removed? If the buyer’s solicitor is querying it, are we wrong to ask them to pay for it if they want it removing ( even though technically it has already been removed because it expired nearly 11 years ago!)?

Sorry if my post is a bit waffley, I was trying to get all my thoughts in😄

Thanks in anticipation of your help 🙂

Land_Registry

kir-royale said:

Hi Land Registry,

You guys are so helpful on here, that I was hoping you might be able to answer a question for me too please?🙂

We are currently selling our house & the buyers solicitor has raised a query on a restriction that is on the register of title relating to our property when we purchased it in April 2010. The edition dated 18/05/2010 states “Until 29 August 2010 no disposition of the registered estate (except a charge) by the proprietor of the registered estate is to be registered without a certificate signed by Webb Resolutions Limited or by its conveyancer that the provisions of clause 12.2 of the transfer dated 29 April 2010 made between Webb Resolutions Ltd and & (our names)”

At the time we bought the property, it was a repossession &  non mortgageable so we had to pay cash until such time as the property was classed as habitable & then we could get the mortgage we needed. I think Webb Resolutions Ltd were the company involved with the bank/ repossession at the time? However, the company has now dissolved.

Our solicitor is saying that we have to pay for an RX4 at £150 +VAT in order to get the restriction moved for our buyers. However, the fact that the restriction specifically states “Until 29 August 2010...” means that this restriction no longer exists, so why would we have to pay to have it removed? If the buyer’s solicitor is querying it, are we wrong to ask them to pay for it if they want it removing ( even though technically it has already been removed because it expired nearly 11 years ago!)?

Sorry if my post is a bit waffley, I was trying to get all my thoughts in😄

Thanks in anticipation of your help 🙂

The £150 + vat is for their professional fees. There’s no registration fee involved with an RX4 

kir-royale

Land_Registry said:

The £150 + vat is for their professional fees. There’s no registration fee involved with an RX4 

Wow, thank you so much for that. Basically we can just apply for it ourselves then & it won’t cost us anything? I will get right onto it👍🏼

Do you know how long this would take for yourselves to process please?

Land_Registry

kir-royale said:

Land_Registry said:

The £150 + vat is for their professional fees. There’s no registration fee involved with an RX4 

Wow, thank you so much for that. Basically we can just apply for it ourselves then & it won’t cost us anything? I will get right onto it👍🏼

Do you know how long this would take for yourselves to process please?

You can but bear in mind an RX4 is used by the restrictioner to withdraw the restriction. If you are applying to cancel it then it’s a form RX3. See PG 19 section 3.7 for guidance 
https://www.gov.uk/topic/land-registration/practice-guides

Wait times/timescales are around 7/8 weeks before it’s considered. Anything more may depend on what checks we have to make

If there’s an urgency then you’d request expedition after you’ve applied 
https://www.gov.uk/guidance/coronavirus-covid-19-impact-on-hm-land-registrys-services#expedite

Mcsuze

Hi @Land_Registry

We bought our house 16 years ago and were made aware that a small triangular piece of the garden was not included in the property boundary. Our lender was happy to proceed and the only neighbour who could access the land were uninterested in it. We're selling the house and it has just come to mind. If we apply to add the unregistered portion to the title, can we sell while it is being dealt with, or will we have to wait for the outcome? Their solicitor has not done any searches yet so I don't know how the buyers will want to proceed. They're urging the sale to take advantage of the stamp duty holiday.

I have read the guidance and printed the  form while we decide what to do. Is the fee £30 as it's first registration of unregistered land? Do I need to complete the additional form to prove my identity to do this? I have a copy of the title plan and photos of the area in question completely within our fence to support a potential application.

Many thanks in advance 

Land_Registry

Mcsuze said:

Hi @Land_Registry

We bought our house 16 years ago and were made aware that a small triangular piece of the garden was not included in the property boundary. Our lender was happy to proceed and the only neighbour who could access the land were uninterested in it. We're selling the house and it has just come to mind. If we apply to add the unregistered portion to the title, can we sell while it is being dealt with, or will we have to wait for the outcome? Their solicitor has not done any searches yet so I don't know how the buyers will want to proceed. They're urging the sale to take advantage of the stamp duty holiday.

I have read the guidance and printed the  form while we decide what to do. Is the fee £30 as it's first registration of unregistered land? Do I need to complete the additional form to prove my identity to do this? I have a copy of the title plan and photos of the area in question completely within our fence to support a potential application.

Many thanks in advance 

If it’s unregistered then it’s very unlikely to be added to your existing title. You’d need to apply to register it and by all means ask but odds are you may get possessory title and not absolute 
https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land
The fee will be based on the value of the land so £40 if you are doing it yourself and by post. There’s an inspection (site visit/survey) fee of £90 also 
There’s no verification of identity involved re the claimed land application but there will be re the sale/purchase 
The key Q though is will your buyer proceed before the claimed land is registered? But that’s only one they, or any mortgage lender, can answer. Much depends on the mortgage product and how they, the lender and conveyancer view any risk. 

Mcsuze

Land_Registry said:

Mcsuze said:

Hi @Land_Registry

We bought our house 16 years ago and were made aware that a small triangular piece of the garden was not included in the property boundary. Our lender was happy to proceed and the only neighbour who could access the land were uninterested in it. We're selling the house and it has just come to mind. If we apply to add the unregistered portion to the title, can we sell while it is being dealt with, or will we have to wait for the outcome? Their solicitor has not done any searches yet so I don't know how the buyers will want to proceed. They're urging the sale to take advantage of the stamp duty holiday.

I have read the guidance and printed the  form while we decide what to do. Is the fee £30 as it's first registration of unregistered land? Do I need to complete the additional form to prove my identity to do this? I have a copy of the title plan and photos of the area in question completely within our fence to support a potential application.

Many thanks in advance 

If it’s unregistered then it’s very unlikely to be added to your existing title. You’d need to apply to register it and by all means ask but odds are you may get possessory title and not 

The fee will be based on the value of the land so £40 if you are doing it yourself and by post. There’s an inspection (site visit/survey) fee of £90 also 
There’s no verification of identity involved re the claimed land application but there will be re the sale/purchase 
The key Q though is will your buyer proceed before the claimed land is registered? But that’s only one they, or any mortgage lender, can answer. Much depends on the mortgage product and how they, the lender and conveyancer view any risk. 

Thank you so much for such a fast response! Any idea how long the application process is? (Apologies if that's a 'how long is a piece of string' question!). We bought without issue so hopefully they can too, but I'll start the process sooner if it's likely to be a fast turnaround. 

Thanks again 

Land_Registry

Mcsuze said:

Thank you so much for such a fast response! Any idea how long the application process is? (Apologies if that's a 'how long is a piece of string' question!). We bought without issue so hopefully they can too, but I'll start the process sooner if it's likely to be a fast turnaround. 
Thanks again 

Several months wait unless it’s expedited, and even if it is then you are still looking at several weeks 
https://www.gov.uk/guidance/coronavirus-covid-19-impact-on-hm-land-registrys-services#expedite
Expedition reduces the initial wait time to within 2 weeks generally, The facts of your claim then have to be considered; site visit arranged and completed; and wider checks inc notifications to neighbouring landowners. All are done in stages hence the timescale 

Clare1384

Hi @Land_Registry
I am in the process of purchasing a shared ownership property and the head lease was registered on LR in March 2021. My solicitor told me that there are some unilateral notices on the head lease and the housing association's solicitor refused to provide details on the unilateral notices. Is there any way to find out what they are as HA's solicitor is saying they don't have any information on them until LR replies and it's been a month.

My mortgage offer is due to expire in 6 weeks and I am unsure if anyone is telling the truth. 

Thanks

Land_Registry

Clare1384 said:

Hi @Land_Registry
I am in the process of purchasing a shared ownership property and the head lease was registered on LR in March 2021. My solicitor told me that there are some unilateral notices on the head lease and the housing association's solicitor refused to provide details on the unilateral notices. Is there any way to find out what they are as HA's solicitor is saying they don't have any information on them until LR replies and it's been a month.
My mortgage offer is due to expire in 6 weeks and I am unsure if anyone is telling the truth. 
Thanks

A Unilateral Notice states what it’s protecting as part of the register entry so you know what they are. And such applications invariably simply refer to same on the application form UN1. See section 2 of our PG 19
https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register#notices
If the solicitor has applied for copies then it takes a few days. Not a month. 

So it reads as if something else has been requested/applied for but only the solicitor can confirm for you