Land Registry questions

Land_Registry

scottie21 said:

@Land_Registry can you tell me what this means on our contract please? I’m struggling to get my head round the whole “both leasehold & freehold” thing. We have been advised not to merge the titles as we might loose rights/benefits, but not sure what these are? 

“ MS216841 and Assignment of Lease dated 29/07/1968 between Mr T P Hawkins(1) and Mr & Mrs R A Walters(2)

Those mentioned or referred to in the above together with Lease dated 12/09/1946 made between Mrs Mary Teresa Weld-Bundell & Alice Mary Weld- Bundell(1) and Mr Setpimus Roston(2) with the exception of any financial charges” 

Not something we can usually cover for you as it’s your conveyancer to explain really. 

However in very general terms properties can be both freehold and leasehold as at a point in time the freeholder granted a lease. 

At some later point in time again the two were owned by the same people again and I assume you are looking to buy the property from them.
When two tenures come into the same ownership it is possible to determine (end) the lease and merge it into the freehold. So you end up with just the freehold title and no lease. 

However one of the things to consider before merging is does the lease grant something, such as rights, that would be handy to keep. If you determine the lease those rights come to an end too. 

Only way to know if any exist is to read the lease but something your conveyancer should be able to help with 

MissA44

Hi LR. 

Long story short offer accepted back in may, we are breaking out chain next week as our buyers are refusing to wait any longer, there’s unregistered land within the boundary of the property we are purchasing, solicitors have finally applied for first registration via adverse possession last week and I have been told it’s been expedited. 
Could you check it’s been received and expedited please? Are you able to indicate potential timescales? Our sellers solicitor are horrendous and it’s been a nightmare trying to get this far so I know they will not keep us updated with the progress. 

Ref is DY556726
Thank you! 

Land_Registry

MissA44 said:

Hi LR. 

Long story short offer accepted back in may, we are breaking out chain next week as our buyers are refusing to wait any longer, there’s unregistered land within the boundary of the property we are purchasing, solicitors have finally applied for first registration via adverse possession last week and I have been told it’s been expedited. 
Could you check it’s been received and expedited please? Are you able to indicate potential timescales? Our sellers solicitor are horrendous and it’s been a nightmare trying to get this far so I know they will not keep us updated with the progress. 

Ref is DY556726
Thank you! 

The application has been received, expedited and a preliminary check carried out. The conveyancer has been contacted as we need additional details to proceed - administrative details really. 

Timescales are likely to be stretched as we have to arrange a site visit/survey (2 weeks) and carry out wider checks with neighbouring/registered land owners (3 weeks) 
Expedition reduces the initial wait time. It doesn’t negate the registration requirements. As such I normally advise that this type of application is likely to take at least 7/8 weeks to complete if everything aligns correctly. Not the news you wanted but a factual estimate
Best advice I can offer is to discuss options with the conveyancer to see if the buyer is willing to proceed. I suspect they won’t but it’s worth asking just in case there’s something they can do 

MissA44

Land_Registry said:

MissA44 said:

Hi LR. 

Long story short offer accepted back in may, we are breaking out chain next week as our buyers are refusing to wait any longer, there’s unregistered land within the boundary of the property we are purchasing, solicitors have finally applied for first registration via adverse possession last week and I have been told it’s been expedited. 
Could you check it’s been received and expedited please? Are you able to indicate potential timescales? Our sellers solicitor are horrendous and it’s been a nightmare trying to get this far so I know they will not keep us updated with the progress. 

Ref is DY556726
Thank you! 

The application has been received, expedited and a preliminary check carried out. The conveyancer has been contacted as we need additional details to proceed - administrative details really. 

Timescales are likely to be stretched as we have to arrange a site visit/survey (2 weeks) and carry out wider checks with neighbouring/registered land owners (3 weeks) 
Expedition reduces the initial wait time. It doesn’t negate the registration requirements. As such I normally advise that this type of application is likely to take at least 7/8 weeks to complete if everything aligns correctly. Not the news you wanted but a factual estimate
Best advice I can offer is to discuss options with the conveyancer to see if the buyer is willing to proceed. I suspect they won’t but it’s worth asking just in case there’s something they can do 

Thank you so much for your prompt response. We’ve sent the solicitors a nudge so hopefully they respond swiftly. 

The indicative timescales are really helpful too, thank you. We will see what the buyers solicitors say to a estimated early December completion best case scenario although I’m not confident but hey ho. 

Have a great weekend  

MrSim

@Land_Registry

Hi,

I was wondering if you help on potential time scales.

We have recently made an offer on a property and has been accepted.

The seller has stated to us that they will be changing the boundaries of the property prior to sale, this is because they own another property that they will be moving to/own. The garden of this property backs onto the property we're purchasing and they are wanting to change the boundaries to give the home they're moving to a bigger garden.

He has stated that he has been in contact with a solicitor / land registry to get the boundaries changed. I believe there is quite a backlog with the covid situation but was wondering how long you would expect something like this to take? We're not in a position to progress with the sale until this is resolved.

Any help is greatly appreciated.

Thanks

Land_Registry

MrSim said:

@Land_Registry

Hi,

I was wondering if you help on potential time scales.

We have recently made an offer on a property and has been accepted.

The seller has stated to us that they will be changing the boundaries of the property prior to sale, this is because they own another property that they will be moving to/own. The garden of this property backs onto the property we're purchasing and they are wanting to change the boundaries to give the home they're moving to a bigger garden.

He has stated that he has been in contact with a solicitor / land registry to get the boundaries changed. I believe there is quite a backlog with the covid situation but was wondering how long you would expect something like this to take? We're not in a position to progress with the sale until this is resolved.

Any help is greatly appreciated.

Thanks

I would suggest asking them to clarify exactly what they are applying for or have applied for. We don’t simply change a registered extent. 

My immediate thought is that they are really selling you only part of their title(s) so you don’t change the registered extent, you simply transfer the part(s). So no wait time until after you’ve purchased. 

If they ask us rejig the boundaries so you can buy we’d say no, just sell them part and we’ll do the rejig after 

desthemoaner

Hello

We're in the process of buying and selling property. In order to find out whether a charge had been removed following mortgage redemption I requested a copy of the Property Register for our bungalow, which is jointly owned by my wife and myself. My middle name is noted incorrectly on the register, probably from the last sale in 2014. 

The LR have sent to me form AP1 to apply for correction, but I'm concerned that if I complete and return this now, our sale might be delayed whilst the change is being made. Am I rightly concerned, and should I delay the application to change my middle name till after we sell the property? Or is it absolutely necessary to do this before we can complete on the sale? I've asked our conveyancer about it but it usually takes them about a week to answer any questions, so I thought it better to ask here. 

Thanks in advance. 

Land_Registry

desthemoaner said:

Hello

We're in the process of buying and selling property. In order to find out whether a charge had been removed following mortgage redemption I requested a copy of the Property Register for our bungalow, which is jointly owned by my wife and myself. My middle name is noted incorrectly on the register, probably from the last sale in 2014. 

The LR have sent to me form AP1 to apply for correction, but I'm concerned that if I complete and return this now, our sale might be delayed whilst the change is being made. Am I rightly concerned, and should I delay the application to change my middle name till after we sell the property? Or is it absolutely necessary to do this before we can complete on the sale? I've asked our conveyancer about it but it usually takes them about a week to answer any questions, so I thought it better to ask here. 

Thanks in advance. 

It very much depends on your conveyancer and the buyer as you are coming off the register when the sale/purchase goes through. In my experience some will accept the difference provided they are satisfied as to why it is shown that way but you are one and the same person. 

If they won’t accept then best to make an application to amend the register and then request expedition. You may also find it easier/quicker to get your conveyancer to do that as well. 

desthemoaner

Land_Registry said:

desthemoaner said:

Hello

We're in the process of buying and selling property. In order to find out whether a charge had been removed following mortgage redemption I requested a copy of the Property Register for our bungalow, which is jointly owned by my wife and myself. My middle name is noted incorrectly on the register, probably from the last sale in 2014. 

The LR have sent to me form AP1 to apply for correction, but I'm concerned that if I complete and return this now, our sale might be delayed whilst the change is being made. Am I rightly concerned, and should I delay the application to change my middle name till after we sell the property? Or is it absolutely necessary to do this before we can complete on the sale? I've asked our conveyancer about it but it usually takes them about a week to answer any questions, so I thought it better to ask here. 

Thanks in advance. 

It very much depends on your conveyancer and the buyer as you are coming off the register when the sale/purchase goes through. In my experience some will accept the difference provided they are satisfied as to why it is shown that way but you are one and the same person. 

If they won’t accept then best to make an application to amend the register and then request expedition. You may also find it easier/quicker to get your conveyancer to do that as well. 

Many thanks for the quick reply.

 I’ve already sent a message to our solicitor explaining the situation and asking what I should do but so far had no response, hence my question on this thread. This week I’ll have another go at getting them to advise me whether or not to request the change.

Trooper21

Hi @ Land Registry

My question is when do you notify other people/interested parties when it is a landowner simply registering their own land due to an error being made?

We have notified you of an error/omission and have been told that it was due to OS maps being referred to a number of decades ago.

We are submitting our AP1 form tomorrow via the solicitor but wondered what the process was for this,  if the os maps had led to the land being unregistered and therefore sat juicily next to someone elses house?

For clarity it is on our title/conveyancing and has been in the family for generations and the solicitor is in solid agreement that an omission has been made - but as it seems from yourselves that the land 'looked' as though it belonged to the neighbouring house - do they get notified? Even if legally it is not their property? How is it worded?