Land Registry questions

Land_Registry

Sanjeev31091 wrote: »

Title - SY463427
23 Ravensbourne Avenue, Stanwell, Staines, Surrey
TW19 7SU
Lender: Nationwide Building Society
Registered Owner: Dean Charles Smith

Hi Land Registry,
A restriction removal has been applied for, please can you let me know how much longer this will take to process? As we are in a rush to get this removed ASAP as my mortgage offer is going to expire within the next month!

Sanjeev31091 - the restrictions were removed yesterday after receipt of an application to remove them on the 14th May.

SG27

Hello,

Im selling a house that has various rights of way and shared areas over other properties. The deeds refer to various colours for the shared areas. The official plan from the land registry is very faint and shows no colour.

The buyers solicitor keeps asking for an official coloured copy. How can I get a coloured one??

Thanks

Land_Registry

SG27 wrote: »

Hello,

Im selling a house that has various rights of way and shared areas over other properties. The deeds refer to various colours for the shared areas. The official plan from the land registry is very faint and shows no colour.

The buyers solicitor keeps asking for an official coloured copy. How can I get a coloured one??

Thanks

SG 27 - the title plan would not be 'very faint' so I am sssuming it is a deed plan you are referring to. They can be faint depending on how long they were stored in a paper form before being scanned.

If you/the solicitor obtained it from us then that is the only copy we will have. Whilst you could try contacting the named parties and/or other landowners affected to see if they have a batter copy in my experience that is likely to draw a blank

Jkicks

Hello Land Registry Rep. I am in the long and drawn out process of buying a house that has a restriction registered against it. The RX4 form has been prepared and is (fingers crossed) being submitted today. Assuming this is all in order (I appreciate you can't comment on whether it is) do you know what the current processing time is for updates to existing register entries?


Thank you in advance!

natbecky1234

I purchased the house from my mum 12 years ago, its leasehold house
every year we'd get a letter from a property management company for the £10 ground rent.... 3 years ago the meets stopped, i still sent the cheques when due....but turns out they were not cashed. roll onto this year where myself and partner applied to change our mortgage and found out theres only 57 years left on lease!
so mortgage company won't give the mortgage, we tried to contact the company on the letters we used to get for the ground rent and they never answered or replied to letters, we later found out the business owner had died- which would explain why it all stopped.
The problem we have is that I can't find out who now owns the freehold if anyone!, our deeds say a different company who we also can't find exsist anymore but these deeds haven't been changed since 1970 so i'm pretty sure the original company sold it on after houses were built.
i contacted the land registry and they said i had to find the owner of the freehold to extend or purchase but how am i meant to do that when i have just a name for a company who don't exist and an address for a dead man.
We either want to extend leasehold or buy

Tom99

natbecky1234 wrote: »

I purchased the house from my mum 12 years ago, its leasehold house
every year we'd get a letter from a property management company for the £10 ground rent.... 3 years ago the meets stopped, i still sent the cheques when due....but turns out they were not cashed. roll onto this year where myself and partner applied to change our mortgage and found out theres only 57 years left on lease!
so mortgage company won't give the mortgage, we tried to contact the company on the letters we used to get for the ground rent and they never answered or replied to letters, we later found out the business owner had died- which would explain why it all stopped.
The problem we have is that I can't find out who now owns the freehold if anyone!, our deeds say a different company who we also can't find exsist anymore but these deeds haven't been changed since 1970 so i'm pretty sure the original company sold it on after houses were built.
i contacted the land registry and they said i had to find the owner of the freehold to extend or purchase but how am i meant to do that when i have just a name for a company who don't exist and an address for a dead man.
We either want to extend leasehold or buy

look up info on vesting orders:


http://www.fridaysmove.com/vesting-orders-explained-how-buy-freehold-where-your-landlord-missing/285

Land_Registry

Jkicks wrote: »

Hello Land Registry Rep. I am in the long and drawn out process of buying a house that has a restriction registered against it. The RX4 form has been prepared and is (fingers crossed) being submitted today. Assuming this is all in order (I appreciate you can't comment on whether it is) do you know what the current processing time is for updates to existing register entries?


Thank you in advance!

Jkicks the average time between receipt and consideration would be 8 working days currently. The key then is whether it is in order and whether we have to carry out any wider checks e.g contacting the restrictioner to confirm their withdrawal. Those wider checks, if required, can take up to 15 working days to complete

So best case scenario if it us in order is 8 working days or less. Worse case woukd be at least 23/24 working days. But all very much 'average' timescales of course

Land_Registry

natbecky1234 wrote: »

I purchased the house from my mum 12 years ago, its leasehold house
every year we'd get a letter from a property management company for the £10 ground rent.... 3 years ago the meets stopped, i still sent the cheques when due....but turns out they were not cashed. roll onto this year where myself and partner applied to change our mortgage and found out theres only 57 years left on lease!
so mortgage company won't give the mortgage, we tried to contact the company on the letters we used to get for the ground rent and they never answered or replied to letters, we later found out the business owner had died- which would explain why it all stopped.
The problem we have is that I can't find out who now owns the freehold if anyone!, our deeds say a different company who we also can't find exsist anymore but these deeds haven't been changed since 1970 so i'm pretty sure the original company sold it on after houses were built.
i contacted the land registry and they said i had to find the owner of the freehold to extend or purchase but how am i meant to do that when i have just a name for a company who don't exist and an address for a dead man.
We either want to extend leasehold or buy

natbecky1234 legal ownership does not just 'stop' if someone dies or if a company is wound up. If the freehold is not registered then you'll need to work forward from whoever granted the lease. You have already started that process

If it transpires that the deceased owned the freehold the it forms part if his estate. If probate was not granted and there was no will or next of kin then the legal ownership can pass to the crown - research the term bona vacantia for an understanding

You may also find the Leaseholdhttps://www.lease-advice.org Advisory Service a useful resource as well - not to identify the freehold legal owner but to help re next steps/options

hectivity

Sorry bit long winded...
We bought our property in 2005 from owners who lived abroad. The owners had build property in 1989 or so. The sellers brother lived 2 doors down the road
The property is on the site of the old railway embankment and has a sloping woodland attached to the rear which goes down onto a playing field below. Next to the playing field is a paddock which the sellers offered to us to buy but as the majority of it is not directly below our house we would have had little benefit. The paddock is directly below the brothers house. The brother has recently sold his house and as part of the sale the new buyers were looking to also buy the paddock. In November the brother sent us a letter enclosing another letter from his sisters solicitor detailing an issue with the land attached the paddock which we own. The sellers of our house claim that we had been given this land in error and they wished to rectify this. We considered this and spoke with the brother explaining that we knew we owned land below our house and that it was adjacent to the paddock although land deeds are generally not detailed enough to give an accurate picture. We also explained that it was a lot of work to notify our mortgage company plus there is a lien over our property for our business property and they had both said they would both need a valuation. He said he didn’t feel it would hold up the sale of his house which I believe went through in January/ February this year. We said we were happy for the new owners to have access over the land.We wrote to their solicitor saying that we didn’t feel there was an error and that we had spoken with her brother and he was OK about it. We thought that was the end of it until we received a letter on the 14th May this year saying they were going to seek a court order to make us rectify this.
Where do we stand with this please?

Land_Registry

hectivity something to get legal advice upon as we can't tell you where you stand for example

If you bought the property and land and that is what was registered then if that is to be 'corrected' in some way then you would either have to transfer that legal ownership or they would need a court order forcing you to do so.

Your legal advice should be able to explain the basis of any application to the court and the process involved. We would only be involved at the end of that process if an application was submitted for the register to be updated