Land Registry questions

Natbag

@Land_Registry - the vendor at the top of our selling/purchase chain needs the LR to make a deed of variation to the existing deeds before they can exchange, and so everyone else in the chain can too. It has already taken a long time to get an estate management company to agree to signing the deed, and now it needs to go to the LR to be amended. Another party in the chain is threatening to pull out if we can't complete in May, and my solicitor says they can appeal to the LR for this to be treated as a priority. Can you advise, even if treated as a priority, how long the turnaround time on this might be please, and if there is any way we can push it through as fast as possible to help save the six transactions in this chain please? Without going too much into it, if this falls through it will have a massive financial and mental detrimental impact on myself, and essentially leave me with nowhere to live. Appreciate any help at all please.

goneracing

Land registry

Adverse Possession

I am purchasing a property consisting of five titles but only one dwelling. Between the dwelling and the first title there is a “driveway” leading to a title that runs along the rear of the other four. This driveway is not covered by any of the titles but is historically mentioned as where the sewerage pipes (disused and in disrepair) ran for long demolished properties on the first title and access to the rear title. This driveway is totally landlocked by the 5 titles. When we pointed this out, the sellers (who have been there for about 17yrs) solicitor has applied for Adverse possession. I have asked our solicitor if the sellers should cancel their application, provide us with the relevant declarations etc. and we apply once we have possession as I believe “possession” is transferable. Our solicitor says no as the seller’s application will probably have been noted by now and the clock (12yrs?) will restart.

 Is it correct that the clock will restart or can we use the sellers 17yrs?

MgComp

Hi Land Registry - also on adverse possession - I am about to put in an application but would like to confirm which forms I need to fill in please.

The land is unregistered.

The forms I have downloaded are: FR1, ST1 and DL.

Are these correct please?

Sagwala

Does the signed conveyance document serve as legal evidence of a detailed easement when the owner of both servient and dominant property sells the dominant property. This is prior to land registration. Thankyou. 

FTB_x

Hi @Land_Registry
I am purchasing a property which has a restriction on the deed.
We are currently waiting for a third party to correspond with yourselves at Land Registry to remove the restriction. According to the vendor's solicitor, the forms were sent off 11 weeks ago, and it has moved from 'pending' to 'dealing' about 2 weeks ago. Can you please explain what 'dealing' means? How long does it normally take once it is being dealt with?
Thank you.

Land_Registry

Natbag said:

@Land_Registry - the vendor at the top of our selling/purchase chain needs the LR to make a deed of variation to the existing deeds before they can exchange, and so everyone else in the chain can too.

The lodging conveyancer needs to request expedition - have they? 

What’s the title number/case reference involved? I’m guessing you won’t know as elsewhere in the chain

Expedition reduces wait time in it being considered. Everything then depends on it being in order 

Land_Registry

goneracing said:

Land registry

 Is it correct that the clock will restart or can we use the sellers 17yrs?

I suspect they mean the 17 years can get you a possessory title and then after 12 years you can apply to update to absolute 
Best to ask them to confirm as you can use the 17 years as you state 

Land_Registry

MgComp said:

Hi Land Registry - also on adverse possession - I am about to put in an application but would like to confirm which forms I need to fill in please.

The land is unregistered.

The forms I have downloaded are: FR1, ST1 and DL.

Are these correct please?

Yes - see https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land

Land_Registry

Sagwala said:

Does the signed conveyance document serve as legal evidence of a detailed easement when the owner of both servient and dominant property sells the dominant property. This is prior to land registration. Thankyou. 

I’m assuming you mean that there’s an easement validly granted by the Conveyance. The seller now owns both the servient and dominant land/property but is selling the dominant land. If so I’d expect the easement to still be applicable. Best to check/confirm with a conveyancer though as we won’t consider it until the application is made 

Land_Registry

FTB_x said:

Hi @Land_Registry
I am purchasing a property which has a restriction on the deed.
We are currently waiting for a third party to correspond with yourselves at Land Registry to remove the restriction. According to the vendor's solicitor, the forms were sent off 11 weeks ago, and it has moved from 'pending' to 'dealing' about 2 weeks ago. Can you please explain what 'dealing' means? How long does it normally take once it is being dealt with?
Thank you.

Dealing means it’s being processed now