Land Registry questions

3card

Good evening

Just wondering if you could help me with my questions on another post?

https://forums.moneysavingexpert.com/discussion/6381138/transferring-a-share-of-a-property#latest

Tiglet2

SXX said:

Dear Land Registry

I am in the process of selling my leasehold flat.   

My solicitor has sent me a copy of the lease from the Land Registry and has said that there is a defect re right of way.

However, I have the original signed lease in my possession which shows that a hand written clause was added re right of way.  This clause has been signed by the solicitor.  There are also a couple of other changes in my original lease in my possession which are signed/initialled by either the solicitor and/or freeholder.  So the lease provided by the Land Registry is out of date as it does not show the handwritten clause re right of way and other changes.

I have sent a copy of this lease to my solicitor and am waiting for their response.

So my question is can the sale of the flat continue with the correct lease which I have sent to my solicitor and in due course the Land Registry can be updated so it has the correct lease and not an out of date one.

Your solicitor will need to see the original or a certified copy of your lease, not a copy.

SXX

tiglet2 said:

Your solicitor will need to see the original or a certified copy of your lease, not a copy.

thanks for the response.  I have actually offered to take the original lease to my Solicitor's office so they can examine it.  can the conveyancing continue as normal ie exchange/completion or do we have to wait for the Land Registry to receive the correct lease before exchange can take place?

............

Land_Registry

bambi1980_2 said:

bambi1980_2 said:

Land_Registry said:

bambi1980_2 said:

Hi, can anyone help please - 

During the conveyancing process selling our leasehold house we have had enquiries raised by our buyers solicitors. They are saying that the copy of the lease sent to them by our solicitor relates to next door.

On our copy of register of title it states that there is one lease for the garden and one for the house. It’s quite an old property at 1855. It also states that no copy of the lease is held at the LR. 

I don’t quite know why this wasn’t picked up when we purchased the house in 2016. We therefore haven’t got indemnity insurance for this. 

The solicitor is asking my solicitor to contact LR and rectify this and revert - I don’t really understand what they can do as they don’t hold the document. 

What can be done about this now, would an indemnity policy cover it? 

It can and does happen but we can’t rectify things if we don’t have a copy as you state. 

Responsibility for holding a copy lies with the landlord and tenant. 

An indemnity policy is an option but one for your conveyancer to advise on 

Thank you for your response. When I have typed in the title number MAN24794 it states the freehold is nos 201-211 - we are no 209 so this document they, will it not over us?

@Land_Registry - please would you mind checking MAN24794 and our title reference is GM853771. Our buyers solicitors are saying MAN24794 doesn't relate to our property at 209 but to 211. 

MAN24794 relates to the freehold for 201-211 (odd) 

Land_Registry

juancarlos66 said:

Hi all,

I bought a house back in September 2021, as yet my name isn't on the property title register. It still has the previous owner on.

Any suggestions where to start with this please.

Best regards

Christian.

What’s your conveyancer said? If it’s a new build then wait times are very long but if your conveyancer has submitted it then your purchase is protected and you should just wait until registered 
If there’s an urgency such as an onward sale the they can request expedition. But if no urgency then just wait 

https://www.gov.uk/guidance/request-an-expedite

Land_Registry

SXX said:

Dear Land Registry

I am in the process of selling my leasehold flat.   

My solicitor has sent me a copy of the lease from the Land Registry and has said that there is a defect re right of way.

However, I have the original signed lease in my possession which shows that a hand written clause was added re right of way.  This clause has been signed by the solicitor.  There are also a couple of other changes in my original lease in my possession which are signed/initialled by either the solicitor and/or freeholder.  So the lease provided by the Land Registry is out of date as it does not show the handwritten clause re right of way and other changes.

I have sent a copy of this lease to my solicitor and am waiting for their response.

So my question is can the sale of the flat continue with the correct lease which I have sent to my solicitor and in due course the Land Registry can be updated so it has the correct lease and not an out of date one.

Entirely up to the conveyancers involved. If you are selling with the right of way odds are they won’t complete until it’s sorted 

SXX

Thank you - what is the process of getting it sorted?  Would it be quicker if my conveyancers sorted it or can I get it sorted directly with Land Registry?  Also how long will it take - approx - to get it sorted?

Land_Registry

SXX said:

Thank you - what is the process of getting it sorted?  Would it be quicker if my conveyancers sorted it or can I get it sorted directly with Land Registry?  Also how long will it take - approx - to get it sorted?

I’d suggest the conveyancer contacts us direct to query matters. Once a lease is registered it’s very rarely a case of ‘here’s a replacement’ which includes extra notes. But without a form contact/application it’s impossible to be definitive re actions or timescales. 

A ‘quick and easy swap’ is what you are hoping for but that’s very unlikely in my experience but as stated until someone submits the specific details then we don’t know 

SXX

Ah - I was hoping for a quick and easy swap (because the hand written changes on my lease have been signed/initialled by the solicitor and/or freeholder), whereas the changes in the LR lease haven't so you would have thought it would be better to have the correct lease on the Land Registry rather than an incorrect one.  But thank you for your response. 

Tiglet2

SXX said:

Ah - I was hoping for a quick and easy swap (because the hand written changes on my lease have been signed/initialled by the solicitor and/or freeholder), whereas the changes in the LR lease haven't so you would have thought it would be better to have the correct lease on the Land Registry rather than an incorrect one.  But thank you for your response. 

Your solicitor will review the lease that you hold - they will need the original/certified copy.  They cannot submit a copy to the buyer's solicitor and neither can the buyer's solicitor submit a copy to the Land Registry to replace the copy they already have.  The buyer's solicitor will want to see the original markings and confirm that they absolutely are genuine, not add-ons that you have put on yourself (not suggesting you have btw).  The buyer's solicitor will also want to ensure that the added clauses/solicitor signatures are sufficient responses to their enquiries.

When you purchased the property, do you know why your solicitor would have sent an older version to the Land Registry rather than the copy you hold?