Land Registry questions

Land_Registry

Mantis_Toboggan said:

Land_Registry said:

Mantis_Toboggan said:

Are old restrictive covenants from the 1800s enforceable? Specially if they talk about people or houses/land that no longer exists as described in the covenant and that has been redeveloped many times over the years.

Yes. Covenants bind the land indefinitely. However they can be discharged by the Upper Tribunal (Lands Chamber) in certain circumstances 
https://www.gov.uk/courts-tribunals/upper-tribunal-lands-chamber

Do people just not remove them because it's not worth the expense? This is for what's currently a block of flats but that has had other buildings built in that same patch of land over the past 100 years.

It’s very rare for covenants to be removed through the Tribunal and doubtless expense is a reason for some.

cryvate

Land_Registry said:

cryvate said:

Land_Registry said:

cryvate said:

Land_Registry said:

cryvate said:

I got the land title for CB3289 + seventy eight (preventing it from appearing on Google) a while ago as we are discussing with the owner (a public body) about purchasing (part) of it. To be honest, more out of intrigue than necessity at this point, though I am sure it will become necessary! I would like to obtain the title plan for this title. It does not seem to be available online, how can I best obtain it?

You’d have to apply by post for a copy 
https://www.gov.uk/get-information-about-property-and-land/search-the-register
Some title plans are too large (file size) to be available online 

I have requested the title, and after fixing the cheque (oopsie, I do not do them very often!) LR have taken my money now according to my bank. How long should it take to receive the plan?

2/3 days to process 

I have still not received it and it has been a week now. I was expecting a digital copy, if it is coming in the snail mail (not sure how likely it is a digital copy won't be available) I guess it might still be on its way. The tile number is CB3289 + seventy eight.

It’s all by post so a week isn’t long enough

I received the title register by post today, however the plan was not included. Would that be sent separately or should it have been included? The cover letter is unspecific on this.

V2001

Land_Registry said:

V2001 said:

How long does a solicitor have to inform LR of a transfer of deeds ap1 and tr1 after completion of sale?
Property was completed last week, and LR say the still have received no formal documents from solicitor, was getting bit worried.

There’s no strict timescale and as such it will vary from anywhere between a day and sometimes 7/8 weeks. 

If you are the purchaser then I would not worry but simply ask your solicitor to confirm your purchase is protected and when might they expect to be submitting same 
The conveyancing process usually involves them protecting the purchase prior to completion by way of an OS1 (official search). That then provides them with a 6 week period of protection within which to submit the AP1/TR1. So it reads as if they’ve still got 4 weeks of protection available if required 

If there is a delay or the solicitor doesn't do it, can I back date it to when the transaction was done? I even paid sdlt for the transaction.  Its important for tax reasons also the deeds show the date the transaction took place.

desthemoaner

 Hi LR

We're currently buying and selling.. There's been a long delay in the issue of the draft contracts by the seller's solicitor, but they arrived with our solicitor this afternoon. However there's a problem, which is that the property we're buying is unregistered. I checked the LR website the other day and it clearly stated that the property is unregistered, however when I looked just now this is what I found:

"Tenure:

Unavailable

Price Paid/Value Stated Data:
Sorry, there is no price paid/value stated information available for this property.

Either we have received an application to register the tenure in this property but the information cannot be viewed electronically until it is completed or this information is not available to view electronically. Please contact the appropriate HM Land Registry office for further information quoting the property description."

Might this change of text indicate that the seller's solicitors have applied to register the property? And how long does it usually take in these circumstances to address this problem? 

Many thanks. 

tobyrachel

@Land_Registry

Hi I paid a fee to my rent charge owner to redeem a Rentcharge on my property to allow me the conditions required by my buyers mortgage provider.  The rent charger owner who have been collecting the rentcharge have been unable to produce a copy of their title deed that allowed them to collect the the charge. My solicitor has now asked the rent charge owner to complete a ST2 form and copy of their deed.

If they cannot produce their title deed is the ST2 form enough ?

Land_Registry

desthemoaner said:

 Hi LR

We're currently buying and selling.. There's been a long delay in the issue of the draft contracts by the seller's solicitor, but they arrived with our solicitor this afternoon. However there's a problem, which is that the property we're buying is unregistered. I checked the LR website the other day and it clearly stated that the property is unregistered, however when I looked just now this is what I found:

"Tenure:

Unavailable

Price Paid/Value Stated Data:
Sorry, there is no price paid/value stated information available for this property.

Either we have received an application to register the tenure in this property but the information cannot be viewed electronically until it is completed or this information is not available to view electronically. Please contact the appropriate HM Land Registry office for further information quoting the property description."

Might this change of text indicate that the seller's solicitors have applied to register the property? And how long does it usually take in these circumstances to address this problem? 

Many thanks. 

It might but presumably the seller can confirm. If they have then wait times are very lengthy. But if there’s an onward sale then they can apply to expedite their application to reduce that wait time considerably. They should be able to confirm

Land_Registry

tobyrachel said:

@Land_Registry

Hi I paid a fee to my rent charge owner to redeem a Rentcharge on my property to allow me the conditions required by my buyers mortgage provider.  The rent charger owner who have been collecting the rentcharge have been unable to produce a copy of their title deed that allowed them to collect the the charge. My solicitor has now asked the rent charge owner to complete a ST2 form and copy of their deed.

If they cannot produce their title deed is the ST2 form enough ?

An ST2 can stand alone 
https://www.gov.uk/government/publications/adverse-possession-of-rentcharge-statement-of-truth-st2

desthemoaner

Land_Registry said:

desthemoaner said:

 Hi LR

We're currently buying and selling.. There's been a long delay in the issue of the draft contracts by the seller's solicitor, but they arrived with our solicitor this afternoon. However there's a problem, which is that the property we're buying is unregistered. I checked the LR website the other day and it clearly stated that the property is unregistered, however when I looked just now this is what I found:

"Tenure:

Unavailable

Price Paid/Value Stated Data:
Sorry, there is no price paid/value stated information available for this property.

Either we have received an application to register the tenure in this property but the information cannot be viewed electronically until it is completed or this information is not available to view electronically. Please contact the appropriate HM Land Registry office for further information quoting the property description."

Might this change of text indicate that the seller's solicitors have applied to register the property? And how long does it usually take in these circumstances to address this problem? 

Many thanks. 

It might but presumably the seller can confirm. If they have then wait times are very lengthy. But if there’s an onward sale then they can apply to expedite their application to reduce that wait time considerably. They should be able to confirm

 Many thanks again, LR. There certainly is an onward sale, and I've been told that the seller's solicitors are addressing the issue of registration "urgently". Not wishing to put you on the spot but if the matter is expedited, are we likely to be talking a delay of weeks, or months? 

Trooper21

Hi LR

I just wanted to follow up on another post about ROW on maps as we have some within our fields and some between fields that don't show on our title map outlined in red.

Is this because it's a public access issue? We wondered as for all intents and purposes it does not look like it is ours, but it is on our deeds. I just wondered as to the rhyme or reason behind it.

When we asked we were told it was with regard to 'passing the title' because I think different landowners own different parts of said track/bridleway.

Land_Registry

desthemoaner said:

Land_Registry said:

desthemoaner said:

 Hi LR

We're currently buying and selling.. There's been a long delay in the issue of the draft contracts by the seller's solicitor, but they arrived with our solicitor this afternoon. However there's a problem, which is that the property we're buying is unregistered. I checked the LR website the other day and it clearly stated that the property is unregistered, however when I looked just now this is what I found:

"Tenure:

Unavailable

Price Paid/Value Stated Data:
Sorry, there is no price paid/value stated information available for this property.

Either we have received an application to register the tenure in this property but the information cannot be viewed electronically until it is completed or this information is not available to view electronically. Please contact the appropriate HM Land Registry office for further information quoting the property description."

Might this change of text indicate that the seller's solicitors have applied to register the property? And how long does it usually take in these circumstances to address this problem? 

Many thanks. 

It might but presumably the seller can confirm. If they have then wait times are very lengthy. But if there’s an onward sale then they can apply to expedite their application to reduce that wait time considerably. They should be able to confirm

 Many thanks again, LR. There certainly is an onward sale, and I've been told that the seller's solicitors are addressing the issue of registration "urgently". Not wishing to put you on the spot but if the matter is expedited, are we likely to be talking a delay of weeks, or months? 

Expedition generally means it’s considered within 2 weeks. How much time it then takes depends largely on whether it’s in order or not. Hopefully the seller’s solicitor can offer you some assurance that it is.