Land Registry questions

Land_Registry

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 

paddytt

Land_Registry said:

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

Land_Registry said:

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

@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

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. 

963147

Land_Registry 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!)

johnny182

Land_Registry 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?

MiniEggs

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

963147 said:

Land_Registry 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

Land_Registry

johnny182 said:

Land_Registry 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