Land Registry questions

Land_Registry

Nellie15 said:

Land_Registry said:

Nellie15 said:

Hi we are getting excited at possibly hearing something regarding our application, it is almost 12 months ! 

Could you see if there has been any progress on this application NYK485182/F/030/HG7673E. 
Thanks. 

Nothing as yet and still waiting to be processed. 

Hi 12 months on the 17th. How much longer will it be ??? 

I thought the website was quoting 11 months. Is there a process in place to process applications that are delayed Surely they can’t be still blaming Covid ? 

Change of ownership applications are currently  stated as 5/6 weeks, is this the real timescale ? I have a TR1 submitted for application too. 

Thanks 

The timescales are averages only. Some will take longer as a result. Register updates can wait as long as 4 months. 

If there’s an urgency then there’s an expedite (fast track) process. If no urgency then it’s a case of waiting knowing your purchase is protected 

edwardee

Hi,
my offer was accepted at August 2021, at the very final stage of the transcation, we found out the transfer title plan was totally wrong, we asked the seller solicitor to correct it at land registry and they said they have submitted the request to correct the transfer plans at 17/03/2022 and got it expedited the same day.The title number is SL115215
would you help me to check if the correction is being processed or not? As the buyer that down the chain are being very impaitent and the sales may fall as they have waited for almost 2 months and the whole chain stuck on this finaly amendment.
Many thanks
Edward

J66998821

Hi, 

not sure I’m posting in the right place. Hoping you can help with land timescales please. Our vendors have discovered they unfortunately don’t own part of the land they are trying to sell. They are going to apply for possessory title as they have lived there for decades. How long might such an application take at land Registry? Are we talking a few weeks? Months? Years? Thanks 

Land_Registry

J66998821 said:

Hi, 

not sure I’m posting in the right place. Hoping you can help with land timescales please. Our vendors have discovered they unfortunately don’t own part of the land they are trying to sell. They are going to apply for possessory title as they have lived there for decades. How long might such an application take at land Registry? Are we talking a few weeks? Months? Years? Thanks 

You should expect a wait of a couple of months generally, provided they request expedition. If they don’t then it will be a much longer wait
Three key stages involved. 

First is their claim (statement of truth) good enough to support their claim.
Second, if stage one is ok, a site visit to see what’s what and to back up what they’ve claimed.
Third, contacting adjoining/affected landowners to see if they have any objections 
Expedition reduces the initial wait time before Stage 1 and between each stage. It doesn’t hasten the site visit or reduce the notice periods in stag3 3. Hence a best case scenario is generally 2 months if everything falls into place of course 

Land_Registry

edwardee said:

Hi,
my offer was accepted at August 2021, at the very final stage of the transcation, we found out the transfer title plan was totally wrong, we asked the seller solicitor to correct it at land registry and they said they have submitted the request to correct the transfer plans at 17/03/2022 and got it expedited the same day.The title number is SL115215
would you help me to check if the correction is being processed or not? As the buyer that down the chain are being very impaitent and the sales may fall as they have waited for almost 2 months and the whole chain stuck on this finaly amendment.
Many thanks
Edward

That’s the developer’s original title rather than an individual plot/property. I can’t see an application against it that matches your post. 

Have you got a plot number or post code? 

edwardee

Land_Registry said:

edwardee said:

Hi,
my offer was accepted at August 2021, at the very final stage of the transcation, we found out the transfer title plan was totally wrong, we asked the seller solicitor to correct it at land registry and they said they have submitted the request to correct the transfer plans at 17/03/2022 and got it expedited the same day.The title number is SL115215
would you help me to check if the correction is being processed or not? As the buyer that down the chain are being very impaitent and the sales may fall as they have waited for almost 2 months and the whole chain stuck on this finaly amendment.
Many thanks
Edward

That’s the developer’s original title rather than an individual plot/property. I can’t see an application against it that matches your post. 

Have you got a plot number or post code? 

SL266712 maybe?

Land_Registry

edwardee said:

Land_Registry said:

edwardee said:

Hi,
my offer was accepted at August 2021, at the very final stage of the transcation, we found out the transfer title plan was totally wrong, we asked the seller solicitor to correct it at land registry and they said they have submitted the request to correct the transfer plans at 17/03/2022 and got it expedited the same day.The title number is SL115215
would you help me to check if the correction is being processed or not? As the buyer that down the chain are being very impaitent and the sales may fall as they have waited for almost 2 months and the whole chain stuck on this finaly amendment.
Many thanks
Edward

That’s the developer’s original title rather than an individual plot/property. I can’t see an application against it that matches your post. 

Have you got a plot number or post code? 

SL266712 maybe?

That one fits and the amendment was made on 4th May

Topcat53

I posted this on the main page but it was suggested I post it here as it concerns a possible land registry issue which might hold up sale. My question simply is IS THE BUYERS SOLICITOR CORRECT THAT WE NEED TO GET MY FATHERS NAME REMOVED FROM TITLE DEEDS BEFORE SALE - here is the post in full:-

My mother and father were joint owners of their house. My father died 10 yrs ago. We did not get his name removed from deeds. My mother died last year and we are selling the house - together with sibling I have probate. It has emerged that father had a second middle name which he never used and this second middle name is on his death certificate but not on the title deeds of the house. We have a prospective buyer and their solicitor has asked that fatbers name should be removed from title deeds before sale proceeds. Our solicitor seems unwilling to express a view about this( or to give us a legal opinion on almost anything, seems content just to act as an intermediary for the buyers). Given that my father died 10 yrs ago and all that is at issue is the non use of a middle name , a second middle name at that , it seems daft to us to have to get the title deeds updated, but I just need a legal  opinion and our solicitor is not forthcoming , just says he is looking into whether he can get the deeds amended. Has anyone dealt with a similar issue or in a position to give an opinion.

Land_Registry

Topcat53 said:

I posted this on the main page but it was suggested I post it here as it concerns a possible land registry issue which might hold up sale. My question simply is IS THE BUYERS SOLICITOR CORRECT THAT WE NEED TO GET MY FATHERS NAME REMOVED FROM TITLE DEEDS BEFORE SALE - here is the post in full:-

My mother and father were joint owners of their house. My father died 10 yrs ago. We did not get his name removed from deeds. My mother died last year and we are selling the house - together with sibling I have probate. It has emerged that father had a second middle name which he never used and this second middle name is on his death certificate but not on the title deeds of the house. We have a prospective buyer and their solicitor has asked that fatbers name should be removed from title deeds before sale proceeds. Our solicitor seems unwilling to express a view about this( or to give us a legal opinion on almost anything, seems content just to act as an intermediary for the buyers). Given that my father died 10 yrs ago and all that is at issue is the non use of a middle name , a second middle name at that , it seems daft to us to have to get the title deeds updated, but I just need a legal  opinion and our solicitor is not forthcoming , just says he is looking into whether he can get the deeds amended. Has anyone dealt with a similar issue or in a position to give an opinion.

It’s unlikely to be a legal opinion needed but a conveyancing one. That means what does the buyer’s lender need to say Yes to things completing. It really doesn’t matter what others think as it’s the lender’s decision in most cases and the conveyancer has to follow their requirements 

In general terms, a death is sadly factual so updating the register before selling isn’t needed. The death is proven by submitting the death certificate. 

A conveyancer needs to be sure that the death certificate is for the person named on the register so an extra/missing middle name immediately puts that in doubt

From a purely registration perspective we can accept a conveyancer’s certificate that the two are one and the same person. But that may not work for the lender hence the suggestion/need to update the register as that resolves the issue as his name is removed and has no impact on the sale/purchase. 

Your better bet is not to try and challenge the issue but to get them to apply to update the register and then ask us to expedite it so the update is done asap. 

Topcat53

Land_Registry said:

Topcat53 said:

I posted this on the main page but it was suggested I post it here as it concerns a possible land registry issue which might hold up sale. My question simply is IS THE BUYERS SOLICITOR CORRECT THAT WE NEED TO GET MY FATHERS NAME REMOVED FROM TITLE DEEDS BEFORE SALE - here is the post in full:-

My mother and father were joint owners of their house. My father died 10 yrs ago. We did not get his name removed from deeds. My mother died last year and we are selling the house - together with sibling I have probate. It has emerged that father had a second middle name which he never used and this second middle name is on his death certificate but not on the title deeds of the house. We have a prospective buyer and their solicitor has asked that fatbers name should be removed from title deeds before sale proceeds. Our solicitor seems unwilling to express a view about this( or to give us a legal opinion on almost anything, seems content just to act as an intermediary for the buyers). Given that my father died 10 yrs ago and all that is at issue is the non use of a middle name , a second middle name at that , it seems daft to us to have to get the title deeds updated, but I just need a legal  opinion and our solicitor is not forthcoming , just says he is looking into whether he can get the deeds amended. Has anyone dealt with a similar issue or in a position to give an opinion.

It’s unlikely to be a legal opinion needed but a conveyancing one. That means what does the buyer’s lender need to say Yes to things completing. It really doesn’t matter what others think as it’s the lender’s decision in most cases and the conveyancer has to follow their requirements 

In general terms, a death is sadly factual so updating the register before selling isn’t needed. The death is proven by submitting the death certificate. 

A conveyancer needs to be sure that the death certificate is for the person named on the register so an extra/missing middle name immediately puts that in doubt

From a purely registration perspective we can accept a conveyancer’s certificate that the two are one and the same person. But that may not work for the lender hence the suggestion/need to update the register as that resolves the issue as his name is removed and has no impact on the sale/purchase. 

Your better bet is not to try and challenge the issue but to get them to apply to update the register and then ask us to expedite it so the update is done asap. 

Thanks that is really very helpful. Is this likely to lead to a serious delay in the sale?