Land Registry questions

whatsthatnoise

Land_Registry said:

whatsthatnoise said:

Can I ask what does "several" typically mean?

Are we looking at three months, eight months, more.?

Wait times are 9+ months 

So in effect, we cannot do anything with this property for more than nine months.?

To register it for rental (which we need to do by law), we have to prove ownership. Is there any solution to that apart from the insane wait to have Land registry deal with the application?

It all feels a bit crazy when this place was built by my parents and has been owned and lived in by the them since, and now has come to me following their passing.

I guess if anything, this proves how critical it is to hold the deeds.

Land_Registry

Hebblethwaite said:

Thank you very much. You are so much more helpful than my solicitor! I believe probate has already been obtained (but isn't yet reflected on the land registry) - obviously this does still need to be proven.

If probate has been obtained, how long might it take to cancel or register the lease? I'm being told that the draft contract can't be drawn up until the lease is sorted, so everything is stalled until this is done. We are already looking at a completion date of October or later (the offer having been accepted in May) so it would be helpful to know if I am actually looking at many months more.

Thanks again.

I suspect the two things need to be dealt with as one but your conveyancer will unravel that for you if can’t move on until the lease is sorted. 

Whatever is decided it reads as if they’ll want the title updated re both death/ownership and a cancelled lease. If so then the seller needs to request expedition to get it considered quickly and well within your stated deadline 

Land_Registry

whatsthatnoise said:

Land_Registry said:

whatsthatnoise said:

Can I ask what does "several" typically mean?

Are we looking at three months, eight months, more.?

Wait times are 9+ months 

So in effect, we cannot do anything with this property for more than nine months.?

To register it for rental (which we need to do by law), we have to prove ownership. Is there any solution to that apart from the insane wait to have Land registry deal with the application?

It all feels a bit crazy when this place was built by my parents and has been owned and lived in by the them since, and now has come to me following their passing.

I guess if anything, this proves how critical it is to hold the deeds.

You will find it difficult to rent as you can’t prove legal ownership yet. You can wait but you can also ask us to expedite which reduces that wait time markedly 
https://www.gov.uk/guidance/request-an-expedite
With an unregistered property then holding onto the deeds is very important as they are the only proof of ownership. Once registered that’s no longer the case. 

Hebblethwaite

Land_Registry said:

I suspect the two things need to be dealt with as one but your conveyancer will unravel that for you if can’t move on until the lease is sorted. 

Whatever is decided it reads as if they’ll want the title updated re both death/ownership and a cancelled lease. If so then the seller needs to request expedition to get it considered quickly and well within your stated deadline 

Thank you. You have really helped clarify things. Super star! 

whatsthatnoise

Land_Registry said:

whatsthatnoise said:

Land_Registry said:

whatsthatnoise said:

Can I ask what does "several" typically mean?

Are we looking at three months, eight months, more.?

Wait times are 9+ months 

So in effect, we cannot do anything with this property for more than nine months.?

To register it for rental (which we need to do by law), we have to prove ownership. Is there any solution to that apart from the insane wait to have Land registry deal with the application?

It all feels a bit crazy when this place was built by my parents and has been owned and lived in by the them since, and now has come to me following their passing.

I guess if anything, this proves how critical it is to hold the deeds.

You will find it difficult to rent as you can’t prove legal ownership yet. You can wait but you can also ask us to expedite which reduces that wait time markedly 
https://www.gov.uk/guidance/request-an-expedite
With an unregistered property then holding onto the deeds is very important as they are the only proof of ownership. Once registered that’s no longer the case. 

Thanks for that, much appreciated.

I understand the significance of holding the deeds, but the person who was living there was very old and wasn't the kind of person to keep on top of these kind of things sadly.

We know the deeds were held by the solicitor, but they retired, did some work with another practice, which itself was absorbed into another practice. The solicitor in question retired to another country and has passed away some time ago too, so we are totally stuck now.

On speaking to the law society, they said that the solicitor should have placed the deeds into safe keeping with whatever practice they were associated to at any given time, but it appears no one has any ideas of what's happened to them.

It's all massively disappointing. 

whatsthatnoise

@ Land registry....

If I have just submitted an application for first registration, and would like to request for that to be expedited, do I simply write to Land Registry and request it, providing the reference number I have and outline my concerns with the "usual" timeframes of more than 9 months?

Thank you.

Louise.H

Hi, I posted before about this being on the deed for the house we're buying -

1. (12.11.1996) Lease dated 26 October 1996 to name and name for 99 years from 26 October 1996 determinable by notice after the death of the survivor of the lessees. 

One of the named is deceased, the other in a care home. The sellers solicitors have only just asked land registry to have it removed (we were meant to exchange this week) and my solicitor says there is a very small chance the request will not be granted! My question is what is the wait for such a thing being done, could the request be expedited by the solicitors and why could it be refused?

Thank you.

Land_Registry

whatsthatnoise said:

@ Land registry....

If I have just submitted an application for first registration, and would like to request for that to be expedited, do I simply write to Land Registry and request it, providing the reference number I have and outline my concerns with the "usual" timeframes of more than 9 months?

Thank you.

See how to request expedition. https://www.gov.uk/guidance/request-an-expedite

You need to demonstrate the urgency involved 

Land_Registry

Louise.H said:

Hi, I posted before about this being on the deed for the house we're buying -

1. (12.11.1996) Lease dated 26 October 1996 to name and name for 99 years from 26 October 1996 determinable by notice after the death of the survivor of the lessees. 

One of the named is deceased, the other in a care home. The sellers solicitors have only just asked land registry to have it removed (we were meant to exchange this week) and my solicitor says there is a very small chance the request will not be granted! My question is what is the wait for such a thing being done, could the request be expedited by the solicitors and why could it be refused?

Thank you.

Several weeks if not expedited. If there’s a linked transaction, which there is, then providing they make the correct request it should be approved and no reason to refuse the request to expedite 
https://www.gov.uk/guidance/request-an-expedite

Louise.H

Land_Registry said:

Louise.H said:

Hi, I posted before about this being on the deed for the house we're buying -

1. (12.11.1996) Lease dated 26 October 1996 to name and name for 99 years from 26 October 1996 determinable by notice after the death of the survivor of the lessees. 

One of the named is deceased, the other in a care home. The sellers solicitors have only just asked land registry to have it removed (we were meant to exchange this week) and my solicitor says there is a very small chance the request will not be granted! My question is what is the wait for such a thing being done, could the request be expedited by the solicitors and why could it be refused?

Thank you.

Several weeks if not expedited. If there’s a linked transaction, which there is, then providing they make the correct request it should be approved and no reason to refuse the request to expedite 
https://www.gov.uk/guidance/request-an-expedite

Thank you so much, that has really helped me understand better. Now to make sure the request is expedited.