Land Registry questions

Land_Registry

Nellie15 said:

 Hi Iam posting an application tomorrow, TR1. 
can I pay for an application using a postal 
order or with a credit card via the phone. We have ran out of cheques 😳 
Thanks. 

Postal order as we can’t take payment over the phone 

Land_Registry

becgreen22 said:

Hi there, if I give you an application reference number I was wondering whether you could check its status and see whether it’s been expedited? 😊

Yes and apologies for slow reply 

Nellie15

Land_Registry said:

Nellie15 said:

 Hi Iam posting an application tomorrow, TR1. 
can I pay for an application using a postal 
order or with a credit card via the phone. We have ran out of cheques 😳 
Thanks. 

Postal order as we can’t take payment over the phone 

Cheers it’s in the post. Can’t wait for it to be finalised. 

Trainerman

Slightly different one. We have applied for an easement, and today had the reply that it had been objected to, which leads to negotiation or Tribunal. The problem is that the letter did not enclose  any details of the objection. How are we supposed to judge what to do then , and is it not the case that we should see the case/objection from the other party as they have already seen the details of ours?

Land_Registry

Trainerman said:

Slightly different one. We have applied for an easement, and today had the reply that it had been objected to, which leads to negotiation or Tribunal. The problem is that the letter did not enclose  any details of the objection. How are we supposed to judge what to do then , and is it not the case that we should see the case/objection from the other party as they have already seen the details of ours?

Details of the objection would generally be shared but the letter should clarify next steps 
https://www.gov.uk/government/publications/easements-claimed-by-prescription/practice-guide-52-easements-claimed-by-prescription
If you don’t think it does or you expected ‘more’ then reply to the letter received 

houmous

Hi Guys

My mother's residence was held in a trust in which she had a life interest, with the property coming to me (her son) absolutely on her death. The Land Registry shows title absolute in the names of myself and my sister (we are the trustees of the trust) with a restriction that neither of us can sell it independently without court approval.

Unfortunately my mother died recently and we therefore need to close the trust and transfer the property ownership into my name absolutely as the final beneficiary and remove the restriction. 

What forms do I need to submit to LR to do this?

Many thanks

Land_Registry

houmous said:

Hi Guys

My mother's residence was held in a trust in which she had a life interest, with the property coming to me (her son) absolutely on her death. The Land Registry shows title absolute in the names of myself and my sister (we are the trustees of the trust) with a restriction that neither of us can sell it independently without court approval.

Unfortunately my mother died recently and we therefore need to close the trust and transfer the property ownership into my name absolutely as the final beneficiary and remove the restriction. 

What forms do I need to submit to LR to do this?

Many thanks

I’m sorry to read of your loss. 

If the property is in your and your sister’s names then you both need to transfer the whole legal ownership to just you
https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

You also need to apply to cancel the form A restriction. See PG 24 section 6 re how that can be done 
https://www.gov.uk/government/publications/private-trusts-of-land
Whilst you don’t have to use a conveyancer we would always recommend that you do as they are familiar with the forms/process, can verify your identities and also cover off the trust/restriction removal as none of it will be ‘new’ to them 

GemmaD32

Fun one here, we're buying a place where the vendor's solicitor has been dragging things out massively and we now have just over 6 weeks until our mortgage offer expires (30th May).

Our solicitor noticed a few weeks ago that the back half of garden is on a separate title as it was bought from the council around 50 years after the house was built. All the neighbours appear to have the same configuration, with half of their gardens registered separately as 'Land to the rear of...'

On checking with Land Registry we found the land was last transferred in 2000, but then not moved on when the owner sold in 2004. There have been 3 subsequent sales with the most recent I can see being June 2012. This is news to the vendor, who is claiming that the lack of Map Search at the time meant they missed it. They're now querying with LR and looking for advice, although I can't imagine anything can be done without a proper adverse possession claim, which takes 3 months from my understanding?

In the mean time I've asked my solicitor if a statement from vendor along with title indemnity would be sufficient but they're claiming that's not the case - they also stated that "Technically" there was a change to ownership in 2014 so that would reset the 10 years needed for adverse possession, although there's no record of a sale so I assume it was adding or removing someone on the title without a purchase involved.

At this point we're very concerned about the whole thing falling through given timescales. My solicitor has suggested the vendor should try to trace the registered owner and ask them to transfer - but am I right in thinking that would invalidate any title indemnity? Also, even if they were willing to do this, could the transfer from them to our vendor to us be completed in time?

Any advice or suggestions would be most welcome..

Land_Registry

GemmaD32 said:

Fun one here, we're buying a place where the vendor's solicitor has been dragging things out massively and we now have just over 6 weeks until our mortgage offer expires (30th May).

Our solicitor noticed a few weeks ago that the back half of garden is on a separate title as it was bought from the council around 50 years after the house was built. All the neighbours appear to have the same configuration, with half of their gardens registered separately as 'Land to the rear of...'

On checking with Land Registry we found the land was last transferred in 2000, but then not moved on when the owner sold in 2004. There have been 3 subsequent sales with the most recent I can see being June 2012. This is news to the vendor, who is claiming that the lack of Map Search at the time meant they missed it. They're now querying with LR and looking for advice, although I can't imagine anything can be done without a proper adverse possession claim, which takes 3 months from my understanding?

In the mean time I've asked my solicitor if a statement from vendor along with title indemnity would be sufficient but they're claiming that's not the case - they also stated that "Technically" there was a change to ownership in 2014 so that would reset the 10 years needed for adverse possession, although there's no record of a sale so I assume it was adding or removing someone on the title without a purchase involved.

At this point we're very concerned about the whole thing falling through given timescales. My solicitor has suggested the vendor should try to trace the registered owner and ask them to transfer - but am I right in thinking that would invalidate any title indemnity? Also, even if they were willing to do this, could the transfer from them to our vendor to us be completed in time?

Any advice or suggestions would be most welcome..

This can happen unfortunately when buyers don’t carry out the required checks and ‘miss’ the fact that part of the property isn’t registered under the main title. It’s nothing to do with a lack of Map Search as the check is still necessary 
When it happens the ‘best’ way to solve it tends to be tracing the still registered owner and asking/helping them to transfer it. Whether that’s to a seller or buyer only matters in so far as if the former then it will naturally need more time. 

Yes, if a claim is to be made with indemnity, trying to trace the registered owner is likely to increase the insured risk and could invalidate the policy or even the policy offer. That’s not something we deal with directly so best to rely on your legal advice. 

Once an application is in it can be expedited due to onward sale but it reads as if you’ve got a few hurdles to cover before that happens. 

Final note is if you have a mortgage then the decision may not be yours as to what happens next. But am guessing it’s not an issue as you are doing the research 

canaldumidi

Reference to a Transfer in the Charges Register ends: "Note:- copy in certificate".

Is that the same as 'Copy filed' ie the LR has a copy and it can by obtained via Form OC2? Or does it mean something else?