Land Registry questions

Welshspacechick

Hi how do I apply for adverse possession please? I own a leasehold cottage with a 800 year lease. Completely absent and unknown freeholder (none of the residents who have been here 15 plus years know who it is and and we doubt they would be interested in their £2 per year ground rent based on the terms of the lease)

The land is part of the tiny front garden.

I have s statement of truth from the previous owner who lived here 12 years that they have always considered it their gardens as do the neighbours. There is an old wall that predates the previous owner around it.

Do I need a solicitor to make the application and if not how do I know what form to fill out? Thanks 

Land_Registry

Welshspacechick said:

Hi how do I apply for adverse possession please? I own a leasehold cottage with a 800 year lease. Completely absent and unknown freeholder (none of the residents who have been here 15 plus years know who it is and and we doubt they would be interested in their £2 per year ground rent based on the terms of the lease)

The land is part of the tiny front garden.

I have s statement of truth from the previous owner who lived here 12 years that they have always considered it their gardens as do the neighbours. There is an old wall that predates the previous owner around it.

Do I need a solicitor to make the application and if not how do I know what form to fill out? Thanks 

Whilst you don’t have to use a conveyancer we’d always recommend you do as you need to understand the legal requirements before you tackle the registration ones. The complex law comes first. 

Our PGs 4 and 5 are your registration guides 
https://www.gov.uk/topic/land-registration/practice-guides

Coolbeans2010

Land_Registry said:

Coolbeans2010 said:

Dear Land Registry,

Can anyone help me here as I’m at risk of losing the house we are buying if we don’t exchange by end Aug (6 working days)

long story short, there have been loads of delays and failed exchanges and turns out bottom of the chain needed to make an  application to the Land Registry for the surrender of the original lease and registration of the new lease, with a request for expedition given the ongoing sale and upward chain.

can anyone help me get his over the line this week so the whole chain doesn’t collapse? 

Title number DN734876
HM Land Registry ref: Y905YPS
Customer ref: TP.CS0866

Any help or support or info gratefully received! 

Lodges 18th August. Expedited and processed on same day. We needed more from conveyancer and the replied in part today (23rd). Awaiting further information 
So it’s only the conveyancer who can help you here 

Thank you, sadly I am not getting anywhere with the conveyancer and our sellers are about to pull out.  So stressed!

Caramac

We bought a newbuild house in November 2020 and it isn’t yet registered. Who is responsible for registering this, is it the builder or our solicitor. It just seems odd that of the approximately 25 properties only 3 or 4 have been registered.

I have asked the question of the builder who says it’s our solicitors responsibility but even assuming she has missed it, surely not everybody’s solicitors would.

Land_Registry

Caramac said:

We bought a newbuild house in November 2020 and it isn’t yet registered. Who is responsible for registering this, is it the builder or our solicitor. It just seems odd that of the approximately 25 properties only 3 or 4 have been registered.

I have asked the question of the builder who says it’s our solicitors responsibility but even assuming she has missed it, surely not everybody’s solicitors would.

The application to register your purchase would be lodged by your conveyancer. We do have very long wait times for this type of application but your purchase/ownership are protected from submission so for many there’s nith8ng to worry about/chase. 

Ask your solicitor to confirm date of submission and the title number/HMLR reference- if they do that then you know you are covered and just wait for the final nod that it’s all been done 

Welshspacechick

Land_Registry said:

Welshspacechick said:

Hi how do I apply for adverse possession please? I own a leasehold cottage with a 800 year lease. Completely absent and unknown freeholder (none of the residents who have been here 15 plus years know who it is and and we doubt they would be interested in their £2 per year ground rent based on the terms of the lease)

The land is part of the tiny front garden.

I have s statement of truth from the previous owner who lived here 12 years that they have always considered it their gardens as do the neighbours. There is an old wall that predates the previous owner around it.

Do I need a solicitor to make the application and if not how do I know what form to fill out? Thanks 

Whilst you don’t have to use a conveyancer we’d always recommend you do as you need to understand the legal requirements before you tackle the registration ones. The complex law comes first. 

Our PGs 4 and 5 are your registration guides 
https://www.gov.uk/topic/land-registration/practice-guides

Thank you how do I know if its registered or unregistered land please?

Land_Registry

Welshspacechick said:

Land_Registry said:

Welshspacechick said:

Hi how do I apply for adverse possession please? I own a leasehold cottage with a 800 year lease. Completely absent and unknown freeholder (none of the residents who have been here 15 plus years know who it is and and we doubt they would be interested in their £2 per year ground rent based on the terms of the lease)

The land is part of the tiny front garden.

I have s statement of truth from the previous owner who lived here 12 years that they have always considered it their gardens as do the neighbours. There is an old wall that predates the previous owner around it.

Do I need a solicitor to make the application and if not how do I know what form to fill out? Thanks 

Whilst you don’t have to use a conveyancer we’d always recommend you do as you need to understand the legal requirements before you tackle the registration ones. The complex law comes first. 

Our PGs 4 and 5 are your registration guides 
https://www.gov.uk/topic/land-registration/practice-guides

Thank you how do I know if its registered or unregistered land please?

Check online to get registered information. By post to confirm if unregistered or unsure re online service/information 
https://www.gov.uk/search-property-information-land-registry

housebuyer143

@Land_Registry thank you for all your help regarding form K restrictions many months ago. Title registered with no problems 4 months after application 👍 much faster than I imagined. 

bambi1980_2

@Land_Registry
apologies  - you’ve already answered a question about my issue. My title reference is GM853771 and the freehold is MAN24794. 

My buyers solicitors are asking for a copy of the lease for my property but on my officer register of title it shows two leases - one for part of my property and one for the remainder.  It states under note that no copy of the lease referred to is held by the LR. 

My question is should there be a separate document for my property showing the lease? 

I don’t think they are going to accept an indemnity policy so there is talk of lodging the lease as ‘missing with the LR. But how can it be missing if it’s not held? Also what is the process for doing this and how long does it take? 

Thanks in advance. 

Land_Registry

bambi1980_2 said:

@Land_Registry
apologies  - you’ve already answered a question about my issue. My title reference is GM853771 and the freehold is MAN24794. 

My buyers solicitors are asking for a copy of the lease for my property but on my officer register of title it shows two leases - one for part of my property and one for the remainder.  It states under note that no copy of the lease referred to is held by the LR. 

My question is should there be a separate document for my property showing the lease? 

I don’t think they are going to accept an indemnity policy so there is talk of lodging the lease as ‘missing with the LR. But how can it be missing if it’s not held? Also what is the process for doing this and how long does it take? 

Thanks in advance. 

The leasehold register states that they are filed, so not ‘missing’ as in we have copies. The register was updated in July so suggest double checking with your conveyancer