Land Registry questions

Land_Registry

Topcat53 said:

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?

No, not if they do as suggested 

Noneforit999

HI

If my wife and her sister inherited their granparents house at 50% each via the wills, probate has already been granted.

To confirm, the executor (i.e. their Dad) would need to fill out the following forms

AS1
AP1
ID1

Would they need three of the above forms per sister or just one?

Thanks

woodpeckerx

Hi,

Question for Land Registry.

Could you advise roughly how long an expedited first registration is currently taking and would the timescale be longer if part of the deeds are missing?

Thanks.

shubbar

Land_Registry said:

shubbar said:

Land_Registry said:

shubbar said:

I’m buying a flat and its taking more than 4 months ready from the offer date. 
The seller solicitor are being slow and awful from start to finish.
My solicitor believe The filed plan is incorrect regarding the access way to the property. It seems like a simple change. The seller solicitor arrange for the land registry 
to amend the plan accordingly as the property should include the land coloured green on the lease plan.
We have also asked land registry to expedite. 

How long dose land registry take for such request I have been waiting around 7 working days now. Im not sure if this will take months or week to make such change. I’m currently on temporary accommodation waiting for this amendment to take place.
 Please let me know from experience with land registry , how long this cant take . 
tittle number BK225025  
thank you 

Expedition reduces the wait time before it’s processed. Usually to less than 2 weeks 
In this case we’ve written to the conveyancer asking them for more to enable us to move matters on. That was on 30th April and we await their reply. 

Thank you for getting back to me The seller solicitor are very slow with communication.
please let me know wether you need two weeks from the day you get the answers needed. or should be less considering the case has already started ?

it will mean a lot to me if we can get this done asap.

Many thanks  
 

2 weeks only applies to the request to expedite part. Thereafter next steps are asap 

Dear All ,

BK225025 
Did you get the replies you were waiting for ? 
we decided to go ahead and get this changed asap. Please advice how long do you need to complete this task.
 thank you 

Moonflower1978

Hi
Question please for Land registry 

 Purchasing a shared ownership house , from a housing association ( was a vacant rent to buy property which the HA are now selling as a shared ownership, no chain)

Memorandum of sale 8/12/21
Mortgage offer 29/12/21
Searches back 8/2/21

Enquiries have been very slow since February. 
Finally most have been answered, deposit paid, proposed completion date 25th May so should be exchanging next week on 18th... but today the housing association's solicitors have said there errors on the Land Registry title and we can't exchange until these are resolved. Should this not have been spotted sooner? Feel totally deflated as we are so near exchange, its been nearly 6 months in this whole process, solicitors initially said we would be exchanging end of February. I've had to continually chase for any updates and feel fobbed off as the housing group just keep saying their solicitor has sent replies to enquiries but my solicitor keeps saying they are still outstanding. Thought we we almost there as they said only one enquiry outstanding and to discuss a completion date with my solicitor,  then they now say about these land registry errors so close to the finish line. Mortgage offer expires next month.

 Any idea how long it takes to correct any errors on the title? My solicitor has not got back to me to advise. 

Moonflower1978

Question please for Land registry 
@Land_Registry

 Purchasing a shared ownership house , from a housing association ( was a vacant rent to buy property which the HA are now selling as a shared ownership, no chain)

Memorandum of sale 8/12/21
Mortgage offer 29/12/21
Searches back 8/2/21

Enquiries have been very slow since February. 
Finally most have been answered, deposit paid, proposed completion date 25th May so should be exchanging next week on 18th... but today the housing association's solicitors have said there errors on the Land Registry title and we can't exchange until these are resolved. Should this not have been spotted sooner? Feel totally deflated as we are so near exchange, its been nearly 6 months in this whole process, solicitors initially said we would be exchanging end of February. I've had to continually chase for any updates and feel fobbed off as the housing group just keep saying their solicitor has sent replies to enquiries but my solicitor keeps saying they are still outstanding. Thought we we almost there as they said only one enquiry outstanding and to discuss a completion date with my solicitor,  then they now say about these land registry errors so close to the finish line. Mortgage offer expires next month.

 Any idea how long it takes to correct any errors on the title? My solicitor has not got back to me to advise. 

Monkeyface41

Hi there I have a question for Land Registry please. We are buying a property currently which is in probate. We have been told by the sellers that once probate is granted, they need to transfer the deeds from the executors to the trustees before we can exchange contracts. I am having difficult getting information about timescales for this and getting different answers from my solicitors and theirs, so hoping the Land Registry representative here can give me more accurate information.

1 The transfer of deeds will cause further delay to a purchase that is already protracted and which may be at risk of collapse in the event of additional delays, can the application for the transfer be expedited in these circumstances?

2 If the application is expedited, what is the approximate expected timescale between the application being sent and the transfer of deeds being completed?

3 If the application can't be expedited, what approximate timescales are we looking at in that scenario.

Help hugely appreciated, many thanks for taking the time.

Land_Registry

Noneforit999 said:

HI

If my wife and her sister inherited their granparents house at 50% each via the wills, probate has already been granted.

To confirm, the executor (i.e. their Dad) would need to fill out the following forms

AS1
AP1
ID1

Would they need three of the above forms per sister or just one?

Thanks

One AS1 and AP1. Plus ID1s for each sister

Land_Registry

woodpeckerx said:

Hi,

Question for Land Registry.

Could you advise roughly how long an expedited first registration is currently taking and would the timescale be longer if part of the deeds are missing?

Thanks.

Expedition reduces the initial wait time to generally under 2 weeks. That’s wait time from request approval to a caseworker considering the actual application. 

If the deeds are lost then that doesn’t usually affect timescales. What does is the application not being in order 

Land_Registry

shubbar said:

Land_Registry said:

shubbar said:

Land_Registry said:

shubbar said:

I’m buying a flat and its taking more than 4 months ready from the offer date. 
The seller solicitor are being slow and awful from start to finish.
My solicitor believe The filed plan is incorrect regarding the access way to the property. It seems like a simple change. The seller solicitor arrange for the land registry 
to amend the plan accordingly as the property should include the land coloured green on the lease plan.
We have also asked land registry to expedite. 

How long dose land registry take for such request I have been waiting around 7 working days now. Im not sure if this will take months or week to make such change. I’m currently on temporary accommodation waiting for this amendment to take place.
 Please let me know from experience with land registry , how long this cant take . 
tittle number BK225025  
thank you 

Expedition reduces the wait time before it’s processed. Usually to less than 2 weeks 
In this case we’ve written to the conveyancer asking them for more to enable us to move matters on. That was on 30th April and we await their reply. 

Thank you for getting back to me The seller solicitor are very slow with communication.
please let me know wether you need two weeks from the day you get the answers needed. or should be less considering the case has already started ?

it will mean a lot to me if we can get this done asap.

Many thanks  
 

2 weeks only applies to the request to expedite part. Thereafter next steps are asap 

Dear All ,

BK225025 
Did you get the replies you were waiting for ? 
we decided to go ahead and get this changed asap. Please advice how long do you need to complete this task.
 thank you 

The solicitor has lodged the requested application today.