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Land Registry questions
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HelloI was advised to ask question on this forrumIn 2007 i took joint morgage (as i can afford morgage on one name) Co borrower never payd for margage and for any bill. In 2012 co borrower sign private paper where stated what she dont have any claim to house or contest, as well what she not gone pay any morgage and i pledge to remove her name as soon as can afford. Same she receive gbpxxx for this and bank transfer present for record. Now i manage to sort issue with bank and bank alloud to remove second name from the morgage. But my issue is what second person not going on contact, second person just dont care about it at all. So i need going to court probably. Any help, advise - what sord of form i need fill, and what i need doing.At this moment - i have permission from bank to remove name - but for this i need second person to sign "treaty right" (if i correct) - but she not going on contact. I have paper from 2012 where she inform what she never payd and not gone pay for morgage and what all property was devided in 2012 and she receive sum, so she not have any claim to home or contest in future. And paper to confirm bank transfer.Any advise or help please as i have 3 months to sort this as bank put time scale if i want remove nameWith regards0
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Just seen this thread "Land Registry Questions" I did post on my own thread.
Hi All,
Looking for some assistance please.
We are in the process of selling our parents house since their passing. My sister is the executor of the will. We have probate granted for both parents but have come across a charge on the property dating back to 1990's. The company that the charge was in favour are no longer trading but still active. They were acquired by a real estate company but they don't have any record of the charge relating to the property and are not answering calls or emails.
Our conveyancing solicitor acting on our behalf does not seem to be assisting in any way and has suggested that we take this on ourselves.
The house sale was agreed earlier this year but we are stuck on what to do next as we need to exchange/complete.. I see that there are forms from HM Land Registry to remove a charge with timescales involved. Has anyone come across this before? Which forms should we complete and submit to Land Registry?
Thanks in advance.
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There is some land that was mostly turned into two housing estates decades ago and now I have the opportunity to acquire the retained undeveloped (unregistered) parcel of land that was left over by the developer.The title deeds to the original land have seemingly been lost by the current owner as the original developer's company was later acquired by several other companies in a chain of acquisitions, but there is a surviving abstract of the title which was signed and certified by solicitors as having been based on examinations of the original deeds in the 1960s.The abstract confirms that the entirety of the land was conveyed to the original company, and Companies House records can confirm various acquisitions of this company along the way that ultimately led to the land falling under the present ownership. However, the abstract does not include any memoranda detailing how the land was split into housing estates and what they retained, i.e. the abstract of the title is for the entirety of the land as it was in the 1960s. I can understand how this may be problematic for the Land Registry as they probably won't know whether the retained land was subsequently conveyed (but not registered) in a later conveyance for example, especially as compulsory registration didn't start in this region until the 1980s and some of the houses on the built estates also remain unregistered to this day.So my question is whether this document (perhaps along with a statement of truth by the current owner) would be sufficient for title absolute when transferring and registering the retained land, or, if as I suspect not, is there any other form of documentation aside from the original title deeds that may assist in obtaining title absolute rather than a possessory title?
In fact, if I may sneak in a follow up question assuming possessory title, since the current owner is not in actual possession of the land and has not ever set foot on it, would they even be awarded a possessory title at all?Thanks a lot0 -
Alexst19 said:HelloI was advised to ask question on this forrumIn 2007 i took joint morgage (as i can afford morgage on one name) Co borrower never payd for margage and for any bill. In 2012 co borrower sign private paper where stated what she dont have any claim to house or contest, as well what she not gone pay any morgage and i pledge to remove her name as soon as can afford. Same she receive gbpxxx for this and bank transfer present for record. Now i manage to sort issue with bank and bank alloud to remove second name from the morgage. But my issue is what second person not going on contact, second person just dont care about it at all. So i need going to court probably. Any help, advise - what sord of form i need fill, and what i need doing.At this moment - i have permission from bank to remove name - but for this i need second person to sign "treaty right" (if i correct) - but she not going on contact. I have paper from 2012 where she inform what she never payd and not gone pay for morgage and what all property was devided in 2012 and she receive sum, so she not have any claim to home or contest in future. And paper to confirm bank transfer.Any advise or help please as i have 3 months to sort this as bank put time scale if i want remove nameWith regardsFrom a purely registration point of view if the property is registered jointly then we’d need a transfer by two of you to just the one. If the other owner won’t play ball then you are likely to need a judge to step in
So not an HMLR issue but a legal one to resolve“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"1 -
1bellagio said:Just seen this thread "Land Registry Questions" I did post on my own thread.
Hi All,
Looking for some assistance please.
We are in the process of selling our parents house since their passing. My sister is the executor of the will. We have probate granted for both parents but have come across a charge on the property dating back to 1990's. The company that the charge was in favour are no longer trading but still active. They were acquired by a real estate company but they don't have any record of the charge relating to the property and are not answering calls or emails.
Our conveyancing solicitor acting on our behalf does not seem to be assisting in any way and has suggested that we take this on ourselves.
The house sale was agreed earlier this year but we are stuck on what to do next as we need to exchange/complete.. I see that there are forms from HM Land Registry to remove a charge with timescales involved. Has anyone come across this before? Which forms should we complete and submit to Land Registry?
Thanks in advance.But it’s the DS1 you need from the named creditor here and which is your issue. You need to unravel who owns that debt now and therefore what impact ‘no longer trading but still active’ means in company law.Taking it on yourself suggests the solicitor may be unfamiliar with company law so I’d suggest seeking specific legal advice on that point.“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"2 -
Gibsonton said:There is some land that was mostly turned into two housing estates decades ago and now I have the opportunity to acquire the retained undeveloped (unregistered) parcel of land that was left over by the developer.The title deeds to the original land have seemingly been lost by the current owner as the original developer's company was later acquired by several other companies in a chain of acquisitions, but there is a surviving abstract of the title which was signed and certified by solicitors as having been based on examinations of the original deeds in the 1960s.The abstract confirms that the entirety of the land was conveyed to the original company, and Companies House records can confirm various acquisitions of this company along the way that ultimately led to the land falling under the present ownership. However, the abstract does not include any memoranda detailing how the land was split into housing estates and what they retained, i.e. the abstract of the title is for the entirety of the land as it was in the 1960s. I can understand how this may be problematic for the Land Registry as they probably won't know whether the retained land was subsequently conveyed (but not registered) in a later conveyance for example, especially as compulsory registration didn't start in this region until the 1980s and some of the houses on the built estates also remain unregistered to this day.So my question is whether this document (perhaps along with a statement of truth by the current owner) would be sufficient for title absolute when transferring and registering the retained land, or, if as I suspect not, is there any other form of documentation aside from the original title deeds that may assist in obtaining title absolute rather than a possessory title?
In fact, if I may sneak in a follow up question assuming possessory title, since the current owner is not in actual possession of the land and has not ever set foot on it, would they even be awarded a possessory title at all?Thanks a lot
You also mention that they can’t show whether it’s been conveyed since but that’s where the statement of truth comes in to fill the gap between abstract and current ownership
As it reads it seems unlikely you’d get absolute title but we’d only make that decision once the application is made.You don’t state why the class of title affects but if you have concerns then most buyers would consider asking the seller to register first to remove your uncertainty“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
Hello
I'm trying to check if a lease extension has been registered. I was told by the Land Registry that it would be done by end November (it was originally 'completed' in June 2020!!) and I tried to email them but got a standard reply saying they would not answer.
Are you able to help please? Title number: NGL786610
thank you
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bkkmei said:Hello
I'm trying to check if a lease extension has been registered. I was told by the Land Registry that it would be done by end November (it was originally 'completed' in June 2020!!) and I tried to email them but got a standard reply saying they would not answer.
Are you able to help please? Title number: NGL786610
thank youHence the same response each time you contact us as as soon as it’s processed it’s usually completed if in order. So all this time is wait time, not processing time.If there’s an urgency such as a confirmed onward sale or remortgage then your conveyancer can ask us to expedite it and reduce the wait time“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"2 -
Hello, we're purchasing a freehold house and our sellers have had a deed of variation drafted and signed by all parties to vary a cause on rentcharge. They're now stating that this doesn't need to be registered by them prior to exchange and that our solicitors would do this on completion?
As the deed is between them and the freeholder, how is this possible? Don't we risk the deed not being registered/invalid and having to restart this process as the owners? Or is this the standard approach?
We're ready to exchange all along the chain so couldn't they request an expedited registration?
Thanks for your help!0 -
fizzysage said:Hello, we're purchasing a freehold house and our sellers have had a deed of variation drafted and signed by all parties to vary a cause on rentcharge. They're now stating that this doesn't need to be registered by them prior to exchange and that our solicitors would do this on completion?
As the deed is between them and the freeholder, how is this possible? Don't we risk the deed not being registered/invalid and having to restart this process as the owners? Or is this the standard approach?
We're ready to exchange all along the chain so couldn't they request an expedited registration?
Thanks for your help!If just the one application is made then you need to apply for each thing in order so DofV first and rest after.“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0
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