Land Registry questions

Land_Registry

bernsteingirl said:

I would be hugely grateful if you could provide me with an update on this application: FC59823. Our application was expedited I and I can see something is happening on our listing on the Land Registry site, however it's said the same for several days: "

Tenure: Unavailable

Price Paid/Value Stated Data: No"  Other flats in the (new build) building are listed as Leasehold/Yes. Is it safe to book a valuation for our

 flat yet (we want to staircase), or might it still be weeks/months before we receive confirmation that everything is in order? Thank you for your efforts! 

That application was completed yesterday 

Land_Registry

justcat01 said:

So it appears that the HCA had submitted the discharge request but it "didn't go through" which is random but they've resubmitted it.

@Land_Registry I hope this is it now - have you received any applications/changes for GR390587 and GR394805?

Thanks, Cat

Still a no sadly 

Land_Registry

oohcleanitupjohnny said:

Hi - I'm currently purchasing a house and the seller's solicitors have had to apply to Land Registry to have a charge removed from the title (it is an old mortgage that has been redeemed). Am I, as the buyer of the house, entitled to chase the progress of this application and, if so, could you please let me know how best to go about this? 

Thanks

You can request expedition by following our guidance 
https://www.gov.uk/guidance/request-an-expedite
Ideally received from the seller’s conveyancer so worth checking again in case it’s been processed already electronically or expedited 

Anon98

Hi, I have been in the process of buying a freehold house for a few months. The seller had bought the house at auction and at this time it had been missed that there was a lease attached to the house as mentioned in the freehold title register. It has been requested that the reference of the lease is to be removed from the charges register on the freehold title plan. However, it appears the seller's solicitor is struggling to provide evidence, they have a copy of the lease, but no leasehold title and they do not know what can be provided to determine the lease/merge. Can you advise? How do you find out what happened with a lease? And when the land registry moved the house from a leasehold to a freehold status would they have kept anything in their archive about this? I have been recommended not to continue with this purchase after months since putting my offer in because of this issue. I have also been told indemnity insurance from the seller will not cover me but there seems to be differing opinions on this? 

Land_Registry

Anon98 said:

Hi, I have been in the process of buying a freehold house for a few months. The seller had bought the house at auction and at this time it had been missed that there was a lease attached to the house as mentioned in the freehold title register. It has been requested that the reference of the lease is to be removed from the charges register on the freehold title plan. However, it appears the seller's solicitor is struggling to provide evidence, they have a copy of the lease, but no leasehold title and they do not know what can be provided to determine the lease/merge. Can you advise? How do you find out what happened with a lease? And when the land registry moved the house from a leasehold to a freehold status would they have kept anything in their archive about this? I have been recommended not to continue with this purchase after months since putting my offer in because of this issue. I have also been told indemnity insurance from the seller will not cover me but there seems to be differing opinions on this? 

There a myriad of ways that a lease can be removed (determined) but in this case I suspect much will depend on what’s known re the original tenant and what happened from when it was granted through to now 
https://www.gov.uk/government/publications/leases-determination
Houses aren’t moved from leasehold to freehold. They are two different types of tenure. Where you have a freehold title, and it refers to a noted lease, that indicates that whoever applied to register the freehold knew the lease existed and provided a copy at the time. 
We don’t deal with indemnity in this context but a read of the policy being offered will tell you what’s covered. Most policies would look to cover any ‘loss’ you might experience should someone come forward and successfully claim the leasehold interest. 

Anon98

What sort of evidence might there be? The lease was a 99 year lease from 1964 which included other land, and then the title register states that there was a conveyance in 1984, and then a further conveyance again this year when it was put up for auction (I believe the tenants from 1984 may have died, not entirely sure who sold it at auction), the guy who bought it at  just thought it was a freehold property and overlooked the noted lease, now that they are trying to sell (to me) they don't know how to determine it as the only thing they have is a copy of the lease and the information in the freehold title plan. I know it's not my responsibility to sort this it will be the seller and his solicitor, but it's so complex I'm trying to understand it as much as I can and assist in anyway possible. 

Land_Registry

Anon98 said:

What sort of evidence might there be? The lease was a 99 year lease from 1964 which included other land, and then the title register states that there was a conveyance in 1984, and then a further conveyance again this year when it was put up for auction (I believe the tenants from 1984 may have died, not entirely sure who sold it at auction), the guy who bought it at  just thought it was a freehold property and overlooked the noted lease, now that they are trying to sell (to me) they don't know how to determine it as the only thing they have is a copy of the lease and the information in the freehold title plan. I know it's not my responsibility to sort this it will be the seller and his solicitor, but it's so complex I'm trying to understand it as much as I can and assist in anyway possible. 

Well you’ve started at the right place with the tenant and what happened to them. If they died who dealt with the estate? If nobody what we’re the terms of the lease? Did it come to an end on their death for example? 

You deal with facts and try to establish what happened and then how does the law deal with the lease in light of those facts. 

But it can take some effort and knowledge of the law to follow the detective work through to then show the lease has been determined and can therefore be cancelled on the freehold register. 

I can’t really see, from what you have posted, how you can assist - that’s not me being harsh, just realistic

smorri4

Hi can i check if a TR1 for CB297076 has been received please? 

Land_Registry

smorri4 said:

Hi can i check if a TR1 for CB297076 has been received please? 

Nothing as yet 

gettingtheresometime

Wondering if I can ask a question please.

My FIL died in 2005 and in his will he placed the family home in a trust, with the will appointing named trustees, who happened to be the senior partners in a firm of solicitors. Lets call them Eric & Ernie whose offices were at 10 Downing Street. Eric & Ernie were also appointed executors.

For various reasons I've now downloaded the title register to the family home and it states that the registered owners are Eric & Ernie of 10 Downing Street. No hint of the firm's name either

Is this what should be expected - I would have thought it should have stated that the registered owners are the Trustees of GTS' FIL or am I mistaken? 

TIA