Land Registry questions

Land_Registry

dougaldog123 said:

@Land_Registry

Hi looking for some advice.

We have been involved in the most protracted house purchase  imaginable - it’s been a year so far, and still going. It has involved a complicated probate and now application to the land registry (all not on the hosue we’re buying may I add - it’s the house at the end of the chain)

The solicitor at the end of the chain has said they have applied to the land registry to remove a private charge, with a Ds1 signed by executor of deceased to whom the charge refers to. It was expedited due to it being chain dependent. My understanding is that the land registry sent a letter asking for permission to the executor before Christmas, and this was returned in between Christmas and new year. This notice had a deadline of 17th of January to receive any objections before the charge was removed. We were told the charge would be automatically removed the day after if no objections were received. We are now being told there are delays at the land registry and it could take an undetermined  amount of days.

 My question is how long is it likely to be before the title is updated abs charge removed? We have been waiting a year I don’t know how much longer I can cope with the unknown.

Many thanks

Holly 

When a legal charge is being removed there are often checks to be made inc contacting the person(s) involved to ensure its bona fide
It’s inaccurate to say something is completed “the day after” so if that advice/assurance came from us then apologies. 

Where a delay extends beyond the executor returning the signed notice (consent) it’s usually because it’s insufficient and/or another issue has arisen. There’s no set time to quote as a result for every instance. It will be all about the one specific application. 

Appreciate that’s not going to really help but do you know the title number involved? Or the address? DM me them if you do to maintain privacy 

Marvel123

this is a boundry question
-we are in an end terrace house that the side wall of the house has a managed grass area 
-as per the deeds for our house the red line is around the outside side wall of the house with a black line around the red line
- the deeds for the managed grass area shows  a red line also inside a black line 
- we are freehold house with a management org attached as per our deeds ( have both copies of title / deeds

what I am trying to establish is whether the boundry of our house on the ground is alongside the side wall of our house or is it within the shared black line of the managed  area ?
we want to put a small 30cm stone border alongside the side of our house and believe we are in our rights to do so, the management  org say no as the land is theirs - as we share the black I'm thinking as there is no physical feature on the ground we couod do this - or are the management org correct and in theory could build a storage area on our outside wall

john_l_k

Moving thread here from another part of the forum:
Concerning historical entries on LR
Hi, 
I am hoping to find out how my late father and late stepmother owned their home and whether the ownership was changed during this time, ie from joint ownership to tenants in common. Crucially too would be when the change was made but I understand this may mean multiple applications to narrow down a date.

I'm not sure exactly when they first bought the property but it was probably over 25 years ago.
I would like to know how they owned early on, and then again up until just before my stepmother's death in April 2019.

I have downloaded form HC1, would I need the Title number of the property or is the address suffice?
Would I send 2 x forms HC1 requesting last historical edition of the register, each one dated appropriately?
And, would the info that I receive state how they owned (joint or tenants in common)?

Any help would be appreciated.
Thank you

heyjoe

@Land_Registry

Hi LR

Looking for some advice please.  Nearing exchange of contract stage of sale of our property.  There is a Declaration of Trust on the Title Register, put into place when we bought the property in 2009.  Property is in wife's name. We are still together and moving house together.  Never noticed until now but Declaration of Trust on Title Register has incorrected names and date on Section B3, i.e. not our names.  Title Register, however, is in the correct name.

Our current Conveyancing Team have advised DoT needs to be removed for sale of property to complete, but this has to be done by the original Solicitors from 2009 due to incorrect information.

We have contacted the original Solicitors but we were wondering in your expert opinion how long would something like this take to resolve and an estimate of the cost involved?  All parties in our 4 person chain were hoping to complete 3rd week of February.

Thanks in advance.

Land_Registry

Marvel123 said:

this is a boundry question
-we are in an end terrace house that the side wall of the house has a managed grass area 
-as per the deeds for our house the red line is around the outside side wall of the house with a black line around the red line
- the deeds for the managed grass area shows  a red line also inside a black line 
- we are freehold house with a management org attached as per our deeds ( have both copies of title / deeds

what I am trying to establish is whether the boundry of our house on the ground is alongside the side wall of our house or is it within the shared black line of the managed  area ?
we want to put a small 30cm stone border alongside the side of our house and believe we are in our rights to do so, the management  org say no as the land is theirs - as we share the black I'm thinking as there is no physical feature on the ground we couod do this - or are the management org correct and in theory could build a storage area on our outside wall

Not something we can clarify for you I’m afraid and very much something only you and the MC can resolve between you as adjoining landowners 
As a general comment your title plan will show your general boundaries. And if that’s inside the solid black line it seems highly unlikely you own land the other side of the black line
If I’ve understood correctly you are suggesting the land in question is under the black line. However a solid black line defines a physical feature over a foot in height so it wouldn’t be something you’d put a stone border on.

Land_Registry

john_l_k said:

Moving thread here from another part of the forum:
Concerning historical entries on LR
Hi, 
I am hoping to find out how my late father and late stepmother owned their home and whether the ownership was changed during this time, ie from joint ownership to tenants in common. Crucially too would be when the change was made but I understand this may mean multiple applications to narrow down a date.

I'm not sure exactly when they first bought the property but it was probably over 25 years ago.
I would like to know how they owned early on, and then again up until just before my stepmother's death in April 2019.

I have downloaded form HC1, would I need the Title number of the property or is the address suffice?
Would I send 2 x forms HC1 requesting last historical edition of the register, each one dated appropriately?
And, would the info that I receive state how they owned (joint or tenants in common)?

Any help would be appreciated.
Thank you

You need to contact us with the information and questions first. We can then advise on what we have and what to apply for. 

https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=2b31bc48-eb96-eb11-b1ac-002248413956

Form HC1 can only be used for a specific date and you don’t have that. There will be a few options available so best to find out what they are and then apply as directed 

Land_Registry

heyjoe said:

@Land_Registry

Hi LR

Looking for some advice please.  Nearing exchange of contract stage of sale of our property.  There is a Declaration of Trust on the Title Register, put into place when we bought the property in 2009.  Property is in wife's name. We are still together and moving house together.  Never noticed until now but Declaration of Trust on Title Register has incorrected names and date on Section B3, i.e. not our names.  Title Register, however, is in the correct name.

Our current Conveyancing Team have advised DoT needs to be removed for sale of property to complete, but this has to be done by the original Solicitors from 2009 due to incorrect information.

We have contacted the original Solicitors but we were wondering in your expert opinion how long would something like this take to resolve and an estimate of the cost involved?  All parties in our 4 person chain were hoping to complete 3rd week of February.

Thanks in advance.

Several weeks and beyond your target date.
If there’s an error on our part then someone, preferably the current owner/their conveyancer, needs to contact us re the error along with evidence to prove the mistake - that’s probably why your solicitor is saying the original solicitor needs to apply as they can prove it but is that really the case? 

If there was no HMLR error then we need an application to cancel/amend the entry again with supporting evidence - if that happens then whoever submits it then needs to request expedition to reduce the wait time to a few weeks but it has to be in order 
What I don’t follow is how the DoT was put on in 2009 but wrong names etc? Seems very odd. What’s the title number? 

KiKi

Hi there, I moved at the end of October.  I am remortgaging, and all approved, but when their legal team obtained a copy of the land registry (back in November), it was still registered to the previous owners.  The legal team have said "we'll wait for you to confirm you're now registered as the owner" but I'm not sure how I'd know.  Will I be notified when I'm registered?  How long should it take?  I don't want my mortgage offer to expire because I'm not yet the registered owner of the property!  
Apologies if these questions are obvious, but the LR stuff is new to me.
KiKi

heyjoe

@Land_Registry

Hi Land Registry,
Thanks very much for the reply earlier. We had a feeling the news wasn't going to be good and you kind of confirmed it.

Just to clarify a few things, we are using a conveyancer to sell our property, hence them saying the need for us to go back to the solicitors we used for the declaration of trust. The conveyancers said they can't do that work.

We are in contact with our solicitors who set up the DoT, they are aware of the issue, and we have spoken to them, and they are going to come back to us shortly.

As for the Title Register itself, everything is correct apart from 1 line on section B3 where they have entered a different date and set of names for our Declaration of Trust, why, who knows?

Finally, putting the Title number on here, would it be possible to message it to you instead?

Thanks again.

Land_Registry

KiKi said:

Hi there, I moved at the end of October.  I am remortgaging, and all approved, but when their legal team obtained a copy of the land registry (back in November), it was still registered to the previous owners.  The legal team have said "we'll wait for you to confirm you're now registered as the owner" but I'm not sure how I'd know.  Will I be notified when I'm registered?  How long should it take?  I don't want my mortgage offer to expire because I'm not yet the registered owner of the property!  
Apologies if these questions are obvious, but the LR stuff is new to me.
KiKi

If it was lodged in November it’s unlikely to be considered for several weeks. You or your conveyancer should request expedition to reduce that wait time so as not to miss your offer expiring 
https://www.gov.uk/guidance/request-an-expedite