Land Registry questions

JD1990

Hi Land Registry, this is such a good idea to ask questions!
I bought my property 2 years ago now and the previous owner divided the land. at the time a Transfer of Part form was done by my solicitor and I moved in, I assumed it was all sorted. I'm now selling my house and my solicitor informed me my house is still in the previous owners name 2 years later! apparently the form was rejected many times and my solicitor has requested it to be expedited. I'm in a real rush to move and she has sent you my memorandum of sale. 
it sucks this has all fallen over Christmas however i just checked the property search online and its changed to saying 

Tenure: Unavailable

Price Paid/Value Stated Data: No

can I assume with this change and not being able to view the data that the application has been finally successful and should be done soon?  (I was previously able to purchase the plan with showed old owners details) 

Slithery

JD1990 said:

Hi Land Registry, this is such a good idea to ask questions!
I bought my property 2 years ago now and the previous owner divided the land. at the time a Transfer of Part form was done by my solicitor and I moved in, I assumed it was all sorted. I'm now selling my house and my solicitor informed me my house is still in the previous owners name 2 years later! apparently the form was rejected many times and my solicitor has requested it to be expedited. I'm in a real rush to move and she has sent you my memorandum of sale. 
it sucks this has all fallen over Christmas however i just checked the property search online and its changed to saying 

Tenure: Unavailable

Price Paid/Value Stated Data: No

can I assume with this change and not being able to view the data that the application has been finally successful and should be done soon?  (I was previously able to purchase the plan with showed old owners details) 

If you post the title number then LR wil be able to give a proper response, otherwise we're all just guessing.....

Land_Registry

JD1990 said:

Hi Land Registry, this is such a good idea to ask questions!
I bought my property 2 years ago now and the previous owner divided the land. at the time a Transfer of Part form was done by my solicitor and I moved in, I assumed it was all sorted. I'm now selling my house and my solicitor informed me my house is still in the previous owners name 2 years later! apparently the form was rejected many times and my solicitor has requested it to be expedited. I'm in a real rush to move and she has sent you my memorandum of sale. 
it sucks this has all fallen over Christmas however i just checked the property search online and its changed to saying 

Tenure: Unavailable

Price Paid/Value Stated Data: No

can I assume with this change and not being able to view the data that the application has been finally successful and should be done soon?  (I was previously able to purchase the plan with showed old owners details) 

The online information will only be available once the registered title is completed. So you can’t assume anything from the details posted 
Your solicitor should confirm if all ok now and when it was expedited. If it is and it was expedited this week then hopefully you’ll have a positive outcome shortly. 

GSGMSE

Hi, I'm looking for assistance with pending title transfer BL158341. It still hasn't been registered from earlier this year according to the solicitor acting for my funder. This was requested to be expedited along with another title number that happened in the same transaction. Would anyone be able to look into it if possible?

Thanks

Land_Registry

GSGMSE said:

Hi, I'm looking for assistance with pending title transfer BL158341. It still hasn't been registered from earlier this year according to the solicitor acting for my funder. This was requested to be expedited along with another title number that happened in the same transaction. Would anyone be able to look into it if possible?

Thanks

The application is still with us and it’s not been expedited as yet. I can’t find a record of a request to do so  https://www.gov.uk/guidance/request-an-expedite
There’s no mention of another transaction either. 

I’d suggest asking the conveyancer to request expedition as per the linked guidance 

fizzysage

Land_Registry said:

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!

All of what you have suggested is possible but it’s for you, your conveyancer and lender to decide. 

If just the one application is made then you need to apply for each thing in order so DofV first and rest after. 

Follow up (possibly silly) questions: If the sellers register it, can we still exchange and complete whilst that's happening? And will the land registry simply deal with the deed of variation first and then the transfer?

and why would the land registry not expedite an application? What evidence would be needed prove the urgency?

Land_Registry

fizzysage said:

Land_Registry said:

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!

All of what you have suggested is possible but it’s for you, your conveyancer and lender to decide. 

If just the one application is made then you need to apply for each thing in order so DofV first and rest after. 

Follow up (possibly silly) questions: If the sellers register it, can we still exchange and complete whilst that's happening? And will the land registry simply deal with the deed of variation first and then the transfer?

and why would the land registry not expedite an application? What evidence would be needed prove the urgency?

Exchange is your decision so again very much a Q for your conveyancer/lender. Not us. We register what’s then completed. 

We deal with applications in priority order so if DofV has priority ahead of the purchase that’s the order we deal with them 
Expedition depends on two things. Someone asking and proving there’s a need. So if the seller’s conveyancer submitted the DofV they would then request expedition separately, and after submission, using their secure online portal. They would also supply say a copy of the memorandum of sale to confirm the onward/linked transfer.
Your Qs are not silly but they are all ones your conveyancer can answer for you. Nothing you have referred to is unusual but so much often depends on your conveyancer and/or your lender and the mortgage product involved. They dictate the steps to be taken in line with the ‘risk profile’ involved and how they view that. 

paddytt

Hello!  
We completed on a brand new property last June, and applied for a mortgage on it in August.  The property was not fully registered with HMLR, so the mortgage company would not complete on the mortgage, and their offer expires in February.  
Therefore, on 15.09.21 we raised an expedite and received HMLR reference 210905-000039.  
We finally thought in November that the issue had been sorted, but HMLR said on 23.11.21 that the Solicitors had not answered all their queries on 15.09.21, however our Solicitors are adamant that they did!  I feel like we are going in circles… 
Can you throw any light on this and how to proceed before the mortgage application runs out?
many thanks
TT

Land_Registry

paddytt said:

Hello!  
We completed on a brand new property last June, and applied for a mortgage on it in August.  The property was not fully registered with HMLR, so the mortgage company would not complete on the mortgage, and their offer expires in February.  
Therefore, on 15.09.21 we raised an expedite and received HMLR reference 210905-000039.  
We finally thought in November that the issue had been sorted, but HMLR said on 23.11.21 that the Solicitors had not answered all their queries on 15.09.21, however our Solicitors are adamant that they did!  I feel like we are going in circles… 
Can you throw any light on this and how to proceed before the mortgage application runs out?
many thanks
TT

Well the application was expedited (in response to the enquiry you mention) and processed but we needed more from the solicitor. Whilst they provided a partial reply they didn’t provide everything and it was cancelled on 9th Dec. 

They submitted it again on 10th Dec but it’s not been expedited or processed as yet so can’t confirm if it’s now in order. They should have resubmitted it in order and then requested the new application to be expedited. Whilst they made a request with the resubmitted papers that won’t have been seen 

I’ll flag with colleagues to expedite it based on the cancelled application request and suggest you check with your solicitor again re progress/if in order end of first week in Jan

paddytt

Land_Registry said:

paddytt said:

Hello!  
We completed on a brand new property last June, and applied for a mortgage on it in August.  The property was not fully registered with HMLR, so the mortgage company would not complete on the mortgage, and their offer expires in February.  
Therefore, on 15.09.21 we raised an expedite and received HMLR reference 210905-000039.  
We finally thought in November that the issue had been sorted, but HMLR said on 23.11.21 that the Solicitors had not answered all their queries on 15.09.21, however our Solicitors are adamant that they did!  I feel like we are going in circles… 
Can you throw any light on this and how to proceed before the mortgage application runs out?
many thanks
TT

Well the application was expedited (in response to the enquiry you mention) and processed but we needed more from the solicitor. Whilst they provided a partial reply they didn’t provide everything and it was cancelled on 9th Dec. 

They submitted it again on 10th Dec but it’s not been expedited or processed as yet so can’t confirm if it’s now in order. They should have resubmitted it in order and then requested the new application to be expedited. Whilst they made a request with the resubmitted papers that won’t have been seen 

I’ll flag with colleagues to expedite it based on the cancelled application request and suggest you check with your solicitor again re progress/if in order end of first week in Jan

That’s brilliant, many thanks for your help!  I will follow up as you suggest.

For the benefit of others:  I don’t think the solicitor knows the expedite process or they don’t have access to the portal, since they originally told us nothing could be done.  I actually submitted the first expedite myself online.  

Here is the link:
https://www.gov.uk/guidance/request-an-expedite#request-an-expedite-using-the-portal

Great service by HMLR, but a bit rubbish by our Solicitors….

TT