Land Registry questions

Millerdog

What forms do I need to complete please?

Family home owned by Mum and Dad as Tenants in Common in equal proportions.

Dad died recently and probate has been granted. Mum is to keep her 50% share and Dads 50% share is to be transferred to my Daughter and myself in unequal proportions. We wish to remain as Tenants in Common and understand that we will have to sign a declaration of trust showing shares. 

 Do all three of us have to complete the forms or not Mum as her share is unaltered?

I  am finding it all very confusing.

Land_Registry

chainpain said:

Land_Registry said:

chainpain said:

Land_Registry said:

chainpain said:

Land_Registry said:

chainpain said:

Hi, thanks for responding. Sorry, it won't let me quote the above. 

The lease is from 2004, dated 18 February 2004. 

The title number is: WYK759741 if this helps at all. 

We had an application to amend submitted at the start of the month but that was completed on the 9th. The freehold title was amended also. I can see we had a further contact as well but that was replied to/resolved on 17th so things are hopefully ok and moving for the chain again 

Hi, thank you, these dates align with the contact our solicitor had with the LR. Sadly, our buyer's solicitor said on the 20th that they were unhappy with the responses/resolution and were going to contact the LR again on the morning of the 23rd (yesterday). Is it possible to see if they did make contact yesterday? It's worrying if they haven't when this is the only issue that requires resolving.  

If they have then they’ve not referred to the specific title or used the same email/contact thread 

Hi @Land_Registry - sorry to be a pain but we have subsequently been advised that a follow-up enquiry was emailed through by our solicitor on behalf of our buyer's solicitor at some stage on Tuesday 24th. Are you able to advise that this was received and what stage the enquiry may be at (i.e. if the LR are happy to accept that a change/clarification can be made)? Unfortunately we are struggling to get hold of people our end to get any updates on this. 

Nothing received referring specifically quoting that title number. If they have then they’d have a reference to quote. But either way you are looking at at least a 5-7 day wait for it to be considered I suspect 

Hi @Land_Registry - just following up to see if there is anything new you can tell us, as our buyer's have now said they will collapse the chain if they don't get the response/changes they want from the LR. As far as we know, our solicitor received a new response from the LR on the 9th September, which still did not satisfy our buyer's wants, so raised an enquiry straight back and was told a Registrar would be in touch. He's not heard anything since then regarding if they enquiry has been picked up, looked into etc. and things are now on the verge of collapse (as are we)... is there any update you are able to give? 

The title number is: WYK759741 

The most recent enquiry from a solicitor (10th Sept) was responded to today. They were advised that a formal application was required before any further consideration could be given 

Land_Registry

ss2020jd said:

Hi @Land_Registry just wondering if downloading the £3 title on the LR site would trigger the Land Registry alert service on a property, or would that just be official searches, changes to title etc? Would it also tell me who made the search? 

Many thanks in advance for your help. 

No it doesn’t. The register is an open one so anyone can view it 

Land_Registry

error_eros said:

Hello @Land_Registry, I am new here at the forum. I am currently in the process of buying a property and we are really close to completion. At one point we set the exchange date on last Friday. However, it came up last week that the seller hired an agent to help her sell the property and the agent registered a restriction on the title to protect their fees. The seller's solicitor claims that they applied to have it removed on the 18th of August and they asked to expedite. Despite this, it has not yet been removed and the Land Registry told them the application won't be dealt with until 26th November.

Can you please check for me the progress of the application and when it was submitted. Also, is it possible for you to find out when they asked to expedite, if the expedition has been approved and hopefully a projected completion date for the removal of the restriction. The title number is: EGL271855.

Thanks very much,
Ben

Ben - you also contacted us direct I believe so hopefully now have an answer. Is that correct? 

Land_Registry

ilikewatch2 said:

A few weeks ago I downloaded the title for a property, however now when I look, the Land Registry website states "No information available" - is it normal for information to just "disappear" in this way? Title number is LL159582

Try the Detailed enquiry and search using the title number instead. It’s possible that the postal address being searched does not match the registered information 

Land_Registry

Millerdog said:

What forms do I need to complete please?

Family home owned by Mum and Dad as Tenants in Common in equal proportions.

Dad died recently and probate has been granted. Mum is to keep her 50% share and Dads 50% share is to be transferred to my Daughter and myself in unequal proportions. We wish to remain as Tenants in Common and understand that we will have to sign a declaration of trust showing shares. 

 Do all three of us have to complete the forms or not Mum as her share is unaltered?

I  am finding it all very confusing.

See our assisted guidance if it is to be transferred 
https://help.landregistry.gov.uk/app/answers/detail/a_id/125
Probate was not required to deal with the property as the whole legal ownership passed to Mum as the surviving registered legal owner. 

The split you refer to relates to their beneficial ownerships. 

If you also contacted us via our online forum at HMLR then please follow the advice given and seek legal advice before deciding what to do. Mum transferring is one option but it’s worth discussing what others are available and work best for everyone 

error_eros

Land_Registry said:

error_eros said:

Hello @Land_Registry, I am new here at the forum. I am currently in the process of buying a property and we are really close to completion. At one point we set the exchange date on last Friday. However, it came up last week that the seller hired an agent to help her sell the property and the agent registered a restriction on the title to protect their fees. The seller's solicitor claims that they applied to have it removed on the 18th of August and they asked to expedite. Despite this, it has not yet been removed and the Land Registry told them the application won't be dealt with until 26th November.

Can you please check for me the progress of the application and when it was submitted. Also, is it possible for you to find out when they asked to expedite, if the expedition has been approved and hopefully a projected completion date for the removal of the restriction. The title number is: EGL271855.

Thanks very much,
Ben

Ben - you also contacted us direct I believe so hopefully now have an answer. Is that correct? 

Hello @Land_Registry, yes that is correct. Thanks very much for your help. I'll check again next week. Thanks again.

Kind regards,
Ben

NeverTooLate

Land_Registry said:

NeverTooLate said:

Land_Registry said:

NeverTooLate said:

Land_Registry said:

NeverTooLate said:

Land_Registry said:

NeverTooLate said:

I was wondering whether you could help with this query?

When a search shows up a charge on the charge register does the number against the charge have some meaning? Can it be looked up somewhere to find out who put the charge on?

For example:

C1 NO. 145794 DATED 29 JUL 1986

PROPERTY ADDRESS

What does the 145794 signify?

What type of search are you doing and through which service/channel please? 

It’s not a format I’m familiar with so need more 

It put in a K15 form to

Land Charges Department
PO Box 292
Plymouth
PL5 9BY 

below is the K18 form that I received in reply to the K15.

Many thanks and it’s a Land Charges search result. 

https://www.gov.uk/government/publications/land-charges-applications-for-registration-official-search-office-copy-and-cancellation

Who the charge is in favour of has been blanked out. If you want to check who applied for it you’d need to contact Land Charges  LandCharges.CustomerTeam@landregistry.gov.uk

The charge is against my mother's name, she & my father owned the property as Joint Tenants, no charge against my father's name. My mother died in 2014.

I am trying to determine what the charge actually is in order to have it removed and was hoping that the '145794' number might be some sort of identifier that could be looked up?

It’s a file reference re the Land Charge itself. If you need more information then contact Land Charges. Otherwise you contact the named creditor 

Sorry to keep at this but I'm having trouble getting the charge removed.

The bank involved tells me that they cannot remove the charge because the property is not registered - is that correct?

Is it possible to register a property when there is a charge against a deceased person on it (this is not a sale, just trying to voluntarily register an unregistered property). The deceased person was a joint owner of the property prior to death (joint tenants).

No - see section 5 of the guidance 
Yes and the charge would be added to the registered title as appropriate. 

What is the process when the bank who put the charge on the property can find no record of it?

Land_Registry

NeverTooLate said:

Land_Registry said:

NeverTooLate said:

Land_Registry said:

NeverTooLate said:

Land_Registry said:

NeverTooLate said:

Land_Registry said:

NeverTooLate said:

I was wondering whether you could help with this query?

When a search shows up a charge on the charge register does the number against the charge have some meaning? Can it be looked up somewhere to find out who put the charge on?

For example:

C1 NO. 145794 DATED 29 JUL 1986

PROPERTY ADDRESS

What does the 145794 signify?

What type of search are you doing and through which service/channel please? 

It’s not a format I’m familiar with so need more 

It put in a K15 form to

Land Charges Department
PO Box 292
Plymouth
PL5 9BY 

below is the K18 form that I received in reply to the K15.

Many thanks and it’s a Land Charges search result. 

https://www.gov.uk/government/publications/land-charges-applications-for-registration-official-search-office-copy-and-cancellation

Who the charge is in favour of has been blanked out. If you want to check who applied for it you’d need to contact Land Charges  LandCharges.CustomerTeam@landregistry.gov.uk

The charge is against my mother's name, she & my father owned the property as Joint Tenants, no charge against my father's name. My mother died in 2014.

I am trying to determine what the charge actually is in order to have it removed and was hoping that the '145794' number might be some sort of identifier that could be looked up?

It’s a file reference re the Land Charge itself. If you need more information then contact Land Charges. Otherwise you contact the named creditor 

Sorry to keep at this but I'm having trouble getting the charge removed.

The bank involved tells me that they cannot remove the charge because the property is not registered - is that correct?

Is it possible to register a property when there is a charge against a deceased person on it (this is not a sale, just trying to voluntarily register an unregistered property). The deceased person was a joint owner of the property prior to death (joint tenants).

No - see section 5 of the guidance 
Yes and the charge would be added to the registered title as appropriate. 

What is the process when the bank who put the charge on the property can find no record of it?

Same - if the entry is still live you’d need them to cancel it 

Millerdog

Land_Registry said:

Millerdog said:

What forms do I need to complete please?

Family home owned by Mum and Dad as Tenants in Common in equal proportions.

Dad died recently and probate has been granted. Mum is to keep her 50% share and Dads 50% share is to be transferred to my Daughter and myself in unequal proportions. We wish to remain as Tenants in Common and understand that we will have to sign a declaration of trust showing shares. 

 Do all three of us have to complete the forms or not Mum as her share is unaltered?

I  am finding it all very confusing.

See our assisted guidance if it is to be transferred 
https://help.landregistry.gov.uk/app/answers/detail/a_id/125
Probate was not required to deal with the property as the whole legal ownership passed to Mum as the surviving registered legal owner. 

The split you refer to relates to their beneficial ownerships. 

If you also contacted us via our online forum at HMLR then please follow the advice given and seek legal advice before deciding what to do. Mum transferring is one option but it’s worth discussing what others are available and work best for everyone 

I thought that the point of Tenants in Common was that you only owned your given proportion and that the other Tenants in common owned theirs, and could deal with it as they wished.. Surely, Mum would only have whole legal/registered ownership if Dad had bequeathed his proportion to her or not left a will.. Am I mistaken/ misunderstanding the wording ?