PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Land Registry questions

Options
1359360362364365544

Comments

  • Land_Registry
    Land_Registry Posts: 6,143 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Anniehapp said:
    Hi, I would like to check is a title register has been updated yet. I understand it was not in order the first time and my conveyancer resubmitted it in August but i haven't received the documents yet. Is it still waiting to be processed? The title number is SK363786

    Thank you
    Still waiting to be processed. Hopefully that will be in the next few weeks and if now in order completed 
    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"
  • paddytt
    paddytt Posts: 302 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    They do use our portal (business e-services) so should be aware of what the request process/channel is and what proof of urgency is required. But only they can really explain how they process such matters. 
    Hopefully things can move quickly but a note of caution, if it’s still not in order it may be cancelled again - hopefully they can confirm for you in early Jan as suggested 
    This has now completed as you suggested - many thanks once again for your help!
  • Anniehapp said:
    Hi, I would like to check is a title register has been updated yet. I understand it was not in order the first time and my conveyancer resubmitted it in August but i haven't received the documents yet. Is it still waiting to be processed? The title number is SK363786

    Thank you
    Still waiting to be processed. Hopefully that will be in the next few weeks and if now in order completed 
    Many thanks for the update.
  • johnny182
    johnny182 Posts: 39 Forumite
    Third Anniversary 10 Posts Name Dropper
    edited 10 January 2022 at 3:54PM
    @Land_Registry, first of all - thanks for all the help you offer in this forum.
    According to our solicitors, the title plan for the house we're purchasing is incorrect as part of the road falls within the property boundaries (adopted highway). I believe an amendment has been requested - could I get an update, please (or how much longer it might take)? thanks!
  • Land_Registry
    Land_Registry Posts: 6,143 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    johnny182 said:
    @Land_Registry, first of all - thanks for all the help you offer in this forum.
    According to our solicitors, the title plan for the house we're purchasing is incorrect as part of the road falls within the property boundaries (adopted highway). I believe an amendment has been requested - could I get an update, please (or how much longer it might take)? Title number is GM445257 - thanks!
    Thank you.
    looks like they enquired about the registered extent requesting an amendment. That enquiry was replied to today. No amendment has yet been made
    Once the application has been submitted they’ll need to then request expedition as your purchase is waiting. If they don’t it will wait a few months before being considered. 
    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"
  • 963147
    963147 Posts: 5 Forumite
    First Post
    963147 said:
    Morning. Currently in the process of remortgaging which is involving a change of lender. For context - when we first purchased the property me and my partner set up a deed of trust due to differing contributions to the deposit. I've received this from the lender's solicitor regarding the restriction 

    "We note that there is currently a restriction secured at Entry B:4 which relates to a Deed of Trust made between yourself and <partner> and a copy of this is also attached above.

    Upon reviewing the RX1 form which was used to register this restriction, we note that this was registered as a standard Form M restriction - this means that this will negatively impact <new lender's> ability to overreach it in the event that they were to seek possession of the property under their power of sale due to any defaults in mortgage payments. This is not acceptable for us to proceed as this would be onerous to their security.

    In order for us to move forward, we would require this restriction to be amended from the Form M at present to a standard Form B. We are unable to make this amendment ourselves due to this service being outside of the service level agreement which we have with <new lender>
    You will, therefore, need to look at instructing your own solicitors to arrange the above and confirm for us once this has been finalised"

    Not particularly sure what this all means with regards Form M, Form B. Can someone help?  
    If this change were to be made does it need to be done via a solicitor or can it be done ourselves directly with land registry?

    Thanks
    Form B and Form M are different types of restriction. So form as in their format (wording) 
    I don’t think it can be a form M though as that relates to a shared ownership lease and not a Deed of Trust as suggested. I’d suggest clarifying matters 
    You can apply to cancel (form RX3) or withdrawal (form RX4) depending on what type of restriction it is. And form RX1 can be used to apply for a new restriction if required. 
    Our Practice Guide 24 explains more re Private Trusts and whilst you don’t have to use a solicitor it might be prudent to get some legal advice both re the trust, it’s protection on the register and your new mortgage 


    Thanks for the response. We're looking into potentially removing the restriction ourselves. I believe it'll be an RX4 form as me and my partner are the beneficiaries of the restriction. I note the form states about giving a reason for removing the restriction and providing evidence that it is no longer required. What evidence is normally required? In this case the restriction is just around a deed of trust dictating how sales proceeds would be split, so would simple confirmation from both parties the agreement is no longer needed be sufficient?  What's the usual timeframe for removal once the RX4 is submitted (assuming all info present and correct!)
  • johnny182
    johnny182 Posts: 39 Forumite
    Third Anniversary 10 Posts Name Dropper
    edited 10 January 2022 at 3:53PM
    johnny182 said:
    @Land_Registry, first of all - thanks for all the help you offer in this forum.
    According to our solicitors, the title plan for the house we're purchasing is incorrect as part of the road falls within the property boundaries (adopted highway). I believe an amendment has been requested - could I get an update, please (or how much longer it might take)?  thanks!
    Thank you.
    looks like they enquired about the registered extent requesting an amendment. That enquiry was replied to today. No amendment has yet been made
    Once the application has been submitted they’ll need to then request expedition as your purchase is waiting. If they don’t it will wait a few months before being considered. 
    Thanks for the quick reply! Do you know roughly how long it takes for an amendment like this to be made once it's been expedited?
  • MiniEggs
    MiniEggs Posts: 47 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    I should probably have posted this here now that I've found it !

    https://forums.moneysavingexpert.com/discussion/6325506/deeds-never-existed

    Any help would be much appreciated as I'm pretty much at the end of the road
  • Land_Registry
    Land_Registry Posts: 6,143 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    963147 said:
    963147 said:
    Morning. Currently in the process of remortgaging which is involving a change of lender. For context - when we first purchased the property me and my partner set up a deed of trust due to differing contributions to the deposit. I've received this from the lender's solicitor regarding the restriction 

    "We note that there is currently a restriction secured at Entry B:4 which relates to a Deed of Trust made between yourself and <partner> and a copy of this is also attached above.

    Upon reviewing the RX1 form which was used to register this restriction, we note that this was registered as a standard Form M restriction - this means that this will negatively impact <new lender's> ability to overreach it in the event that they were to seek possession of the property under their power of sale due to any defaults in mortgage payments. This is not acceptable for us to proceed as this would be onerous to their security.

    In order for us to move forward, we would require this restriction to be amended from the Form M at present to a standard Form B. We are unable to make this amendment ourselves due to this service being outside of the service level agreement which we have with <new lender>
    You will, therefore, need to look at instructing your own solicitors to arrange the above and confirm for us once this has been finalised"

    Not particularly sure what this all means with regards Form M, Form B. Can someone help?  
    If this change were to be made does it need to be done via a solicitor or can it be done ourselves directly with land registry?

    Thanks
    Form B and Form M are different types of restriction. So form as in their format (wording) 
    I don’t think it can be a form M though as that relates to a shared ownership lease and not a Deed of Trust as suggested. I’d suggest clarifying matters 
    You can apply to cancel (form RX3) or withdrawal (form RX4) depending on what type of restriction it is. And form RX1 can be used to apply for a new restriction if required. 
    Our Practice Guide 24 explains more re Private Trusts and whilst you don’t have to use a solicitor it might be prudent to get some legal advice both re the trust, it’s protection on the register and your new mortgage 


    Thanks for the response. We're looking into potentially removing the restriction ourselves. I believe it'll be an RX4 form as me and my partner are the beneficiaries of the restriction. I note the form states about giving a reason for removing the restriction and providing evidence that it is no longer required. What evidence is normally required? In this case the restriction is just around a deed of trust dictating how sales proceeds would be split, so would simple confirmation from both parties the agreement is no longer needed be sufficient?  What's the usual timeframe for removal once the RX4 is submitted (assuming all info present and correct!)
    Ok but you haven’t clarified which restriction it is. If it is a form B then you’ll need to cancel it - see PG 24 section 6.2 which explains how you can use form RX3 and a ST5 with the latter being the ‘confirmation’ you refer to 
    https://www.gov.uk/government/publications/private-trusts-of-land
    Wait times are long so you’d be looking at around a 3 month wait. So once applied for you should submit a separate request to expedite to reduce the wait time to a couple of weeks 
    https://www.gov.uk/guidance/request-an-expedite

    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"
  • Land_Registry
    Land_Registry Posts: 6,143 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    johnny182 said:
    johnny182 said:
    @Land_Registry, first of all - thanks for all the help you offer in this forum.
    According to our solicitors, the title plan for the house we're purchasing is incorrect as part of the road falls within the property boundaries (adopted highway). I believe an amendment has been requested - could I get an update, please (or how much longer it might take)?  thanks!
    Thank you.
    looks like they enquired about the registered extent requesting an amendment. That enquiry was replied to today. No amendment has yet been made
    Once the application has been submitted they’ll need to then request expedition as your purchase is waiting. If they don’t it will wait a few months before being considered. 
    Thanks for the quick reply! Do you know roughly how long it takes for an amendment like this to be made once it's been expedited?
    Expedition simply reduces the wait time before it’s considered to around 2 weeks. Everything then hinges on the application being in order of course
    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"
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.9K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.9K Work, Benefits & Business
  • 598.8K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.