Land Registry questions

Land_Registry

Abrasam said:

Land_Registry said:

Abrasam said

I was wondering if this application had been lodged yet, title number NGL951296. Thank you, Sam.

Just enquiring for this again - any chance it's been submitted?

Nothing still 

Elasrofton

@Land_Registry when was this done? SGL208177

I was aware there was a pending application from May but was told a request to remove it was happening

Land_Registry

Elasrofton said:

@Land_Registry when was this done? SGL208177

I was aware there was a pending application from May but was told a request to remove it was happening

As it’s pending and still waiting to be processed the applicant would need to withdraw/cancel it. That’s not happened yet 

MB01

Land_Registry said:

MB01 said:

Land_Registry said:

MB01 said:

Land_Registry said:

MB01 said:

MB01 said:

Land_Registry said:

MB01 said:

Hi @Land_Registry,

I'm in the process of purchasing a property, there have been a lot of delays (nearly 8 months now!) and the final delay is being caused by a debenture on the property, the seller's solicitor has spent a lot of time trying to remove it but unfortunately, it still hasn't been removed, it's a debenture dated 11th September 1987 on freehold title WM424610, are you able to please check and provide any update/approximate timescale/any advice please? Anything would be so greatly appreciated!

Lodged end of August. Expedited end of September. Processed on 2nd Oct but we need more from lender and they’ve been contacted so we are waiting for their reply 
Sorry for such a late posting 

Thank you so much, this is really helpful!

Hi @Land_Registry, are you able to please check whether the lender has replied yet?

No reply as yet 

Thank you for checking @Land_Registry! Can I please ask whether the seller's solicitor can view the query or was the query only sent directly to the lender? I'm sorry, I'm not sure of the whole process so don't know if the seller's solicitor would be involved or whether it would only be between the lender and Land Registry - my mortgage offer expires in 2 weeks so I'm panicking now!

It’s the lender’s application so only they would see what’s been requested. 

Your conveyancer’s role would be in ‘chasing’ them in some way to deal with the request in light of the urgency. 

They don’t really need to know the specifics re what’s required but simply the application details and the request date (2nd Oct) 

Hello again @Land_Registry, are you able to please check whether the lender has replied yet all? Thank you!

No reply 

Hi @Land_Registry, please could you check now to see whether the lender has replied yet at all? Thank you for all your help & checking with this!

Land_Registry

MB01 said:

Land_Registry said:

MB01 said:

Land_Registry said:

MB01 said:

Land_Registry said:

MB01 said:

MB01 said:

Land_Registry said:

MB01 said:

Hi @Land_Registry,

I'm in the process of purchasing a property, there have been a lot of delays (nearly 8 months now!) and the final delay is being caused by a debenture on the property, the seller's solicitor has spent a lot of time trying to remove it but unfortunately, it still hasn't been removed, it's a debenture dated 11th September 1987 on freehold title WM424610, are you able to please check and provide any update/approximate timescale/any advice please? Anything would be so greatly appreciated!

Lodged end of August. Expedited end of September. Processed on 2nd Oct but we need more from lender and they’ve been contacted so we are waiting for their reply 
Sorry for such a late posting 

Thank you so much, this is really helpful!

Hi @Land_Registry, are you able to please check whether the lender has replied yet?

No reply as yet 

Thank you for checking @Land_Registry! Can I please ask whether the seller's solicitor can view the query or was the query only sent directly to the lender? I'm sorry, I'm not sure of the whole process so don't know if the seller's solicitor would be involved or whether it would only be between the lender and Land Registry - my mortgage offer expires in 2 weeks so I'm panicking now!

It’s the lender’s application so only they would see what’s been requested. 

Your conveyancer’s role would be in ‘chasing’ them in some way to deal with the request in light of the urgency. 

They don’t really need to know the specifics re what’s required but simply the application details and the request date (2nd Oct) 

Hello again @Land_Registry, are you able to please check whether the lender has replied yet all? Thank you!

No reply 

Hi @Land_Registry, please could you check now to see whether the lender has replied yet at all? Thank you for all your help & checking with this!

We received additional info 26th but it’s insufficient so we’ve advised them of that and await their reply 

hopeful12

My parents, who are both no longer with us, bought their council house with the leasehold with it in 1990. They lived in it until 2006, when they had both passed, and my daughter bought it. No problems arose during this sale. The property is showing on the land registry in her name as Freehold. However, she is now in the process of selling the property to a housing association who supplies properties to the council, ironically, it is the original council, my parents bought it from in1990. Their solicitor has now said there is C1 charge showing in the register that says * Lease dated 8 March1872 of the land in this title and other land to Thomas Sadler and Samuel Paton for 999 years from 1 May 1872 at the rent of £19.8s.0d.* Neither myself or my daughter have ever heard of this before, certainly no payments have ever been paid since the original sale in 1990. There is also a very clear dated entry on the land registry file, showing the transfer of land in the title, made between my parents and the council, made pursuant to Part V of the housing Act, 1985. 
However, the housing association solicitors are asking for the C1 charge to be removed. We have contacted the council who say they acknowledge the leasehold was sold with the house in the original sale but they no longer have any paperwork to show this. The land registry wont remove it unless they see some paperwork to prove it should not be on there. The housing association will not accept an indemnity policy, they say as a business, they cannot take a risk that something will come back on them at a later point in time. So now we are in limbo, we cant proceed with the sale unless something gets sorted. Are we missing something, surely, the fact that the entry for the transfer is clearly there and dated on the register should be enough ? How many councils or even banks etc,, would have documents relating back to 1990. 

Land_Registry

hopeful12 said:

My parents, who are both no longer with us, bought their council house with the leasehold with it in 1990. They lived in it until 2006, when they had both passed, and my daughter bought it. No problems arose during this sale. The property is showing on the land registry in her name as Freehold. However, she is now in the process of selling the property to a housing association who supplies properties to the council, ironically, it is the original council, my parents bought it from in1990. Their solicitor has now said there is C1 charge showing in the register that says * Lease dated 8 March1872 of the land in this title and other land to Thomas Sadler and Samuel Paton for 999 years from 1 May 1872 at the rent of £19.8s.0d.* Neither myself or my daughter have ever heard of this before, certainly no payments have ever been paid since the original sale in 1990. There is also a very clear dated entry on the land registry file, showing the transfer of land in the title, made between my parents and the council, made pursuant to Part V of the housing Act, 1985. 
However, the housing association solicitors are asking for the C1 charge to be removed. We have contacted the council who say they acknowledge the leasehold was sold with the house in the original sale but they no longer have any paperwork to show this. The land registry wont remove it unless they see some paperwork to prove it should not be on there. The housing association will not accept an indemnity policy, they say as a business, they cannot take a risk that something will come back on them at a later point in time. So now we are in limbo, we cant proceed with the sale unless something gets sorted. Are we missing something, surely, the fact that the entry for the transfer is clearly there and dated on the register should be enough ? How many councils or even banks etc,, would have documents relating back to 1990. 

It’s a noted lease, not a charge, and it’s not cancelled until it’s proven that it no longer exists. There’s a myriad of ways in which a lease can come to an end, determined, as explained in our Practice Guide 
https://www.gov.uk/government/publications/leases-determination

The ‘transfer’ you refer to was presumably of the freehold tenure. If so then that doesn't impact on the leasehold unless for example they owned both and then merged the lease. 

So the key is what happened to the lease and can it be ‘determined’ 

JellyphantCastle

Hi, I hope you can help. I completed my purchase on 6th May, the title number is HP178492. We were first time buyers having never owned property previously. Land Registry has still not updated and I’m getting a bit anxious that my conveyancer hasn’t filed the transaction correctly. It’s a freehold property. Other houses in my street have sold as recently as August and are showing correctly on Land Registry. Is someone able to take a quick look and advise of the status? Many thanks. 

hopeful12

Land_Registry said:

hopeful12 said:

My parents, who are both no longer with us, bought their council house with the leasehold with it in 1990. They lived in it until 2006, when they had both passed, and my daughter bought it. No problems arose during this sale. The property is showing on the land registry in her name as Freehold. However, she is now in the process of selling the property to a housing association who supplies properties to the council, ironically, it is the original council, my parents bought it from in1990. Their solicitor has now said there is C1 charge showing in the register that says * Lease dated 8 March1872 of the land in this title and other land to Thomas Sadler and Samuel Paton for 999 years from 1 May 1872 at the rent of £19.8s.0d.* Neither myself or my daughter have ever heard of this before, certainly no payments have ever been paid since the original sale in 1990. There is also a very clear dated entry on the land registry file, showing the transfer of land in the title, made between my parents and the council, made pursuant to Part V of the housing Act, 1985. 
However, the housing association solicitors are asking for the C1 charge to be removed. We have contacted the council who say they acknowledge the leasehold was sold with the house in the original sale but they no longer have any paperwork to show this. The land registry wont remove it unless they see some paperwork to prove it should not be on there. The housing association will not accept an indemnity policy, they say as a business, they cannot take a risk that something will come back on them at a later point in time. So now we are in limbo, we cant proceed with the sale unless something gets sorted. Are we missing something, surely, the fact that the entry for the transfer is clearly there and dated on the register should be enough ? How many councils or even banks etc,, would have documents relating back to 1990. 

It’s a noted lease, not a charge, and it’s not cancelled until it’s proven that it no longer exists. There’s a myriad of ways in which a lease can come to an end, determined, as explained in our Practice Guide 
https://www.gov.uk/government/publications/leases-determination

The ‘transfer’ you refer to was presumably of the freehold tenure. If so then that doesn't impact on the leasehold unless for example they owned both and then merged the lease. 

So the key is what happened to the lease and can it be ‘determined’ 

Thank you for this information, however, I have used the link provided and cannot see anything that suits this situation. If you have have any idea which particular section of the leases- determination, we need to be looking at, that would be of enormous help. Also, as above the council no longer have any paperwork on this property. As my daughter know owns the property, I would assume it is her, that needs to apply for the removal of the noted lease, ( once we find out how to do this). If not and it is the former council and they no longer hold the paperwork, how can it be removed. Does this mean we can never sell it, not really sure why the prospected buyers as a housing association dealing with the said council, cant be more obliging and accept an indemnity policy. Thank you again.

Tattie63

Hello,
How do I obtain the title deeds for my house.Now mortgage is paid.I live in Scotland.
How much does it cost !