Land Registry questions

Skint59

Land_Registry said:

Skint59 said:

Land_Registry said:

Skint59 said:

Land_Registry said:

Skint59 said:

We discovered that a tiny strip of land between our house ando our neighbours is not on either title deeds. As a result we decided to make adverse possession for the land on our side of the wall. We heard that it had gone to Land Registry in September, then we decided recently, on a whim, to sell and we had a buyer the next day. We had completely forgotten about the unregistered land. Our solicitor says he will see if he can expedite it. It is a different solicitor to the one who sent the information off originally. He then noticed that the lines on the plan weren't showing the correct boundary. The architect had got it wrong! It has been redrawn today and has gone to our solicitor who will ask for it to be expedited.
What I want to know is do I need to start afresh with a new application, and how long is it likely to take?

I did write this question in a different part of the forum and had queries about how I forgot. I feel I need to explain. We both have medical problems going on which are a lot to think about and I do have memory problems. The agents know, I presume the buyers know. I will ask tomorrow.

If you’re relying on the existing application then you need the lodging solicitor to confirm the new one has taken over 
A request to expedite can be submitted to reduce the wait time. Expedition doesn’t wave the registration requirements though, it just gets it considered sooner. 

If claiming land then there are three key stages usually. 1. It’s in order and meets the legal requirements. 2. A survey to check on site and 3. Wider checks such as contacting neighbours to confirm no objections etc 
That all takes time, despite expedition, so you should still expect to wait several weeks even if all ok at each stage. 

‘Forgetting’ is irrelevant to the registration process. It’s all about meeting the legal and registration requirements

Thank you for your answer. I appreciate you taking the time to answer me. We expected all the relevant checks to be done at some stage. The last thing we would want to do is to upset our neighbours. We know they take time. I will talk to my solicitor on Monday  and will ask the original solicitor to let land registry know that we are making a new claim. It is all such a mess. It is within garden walls and has been maintained by us for 30 years without us knowing that it is unregistered.

If a neighbour disagrees does it just remain unregistered?

That all depends on the specifics such as they object as it’s theirs for example. But it’s all about you proving legal ownership. A registered title then follows if all is ok 

It isn't on our title plan or the neighbour's. It is a very odd situation. We have maintained it, as it is within the walls of our garden, for 30 years, without realising it wasn't on our deeds. 

If it’s enclosed within a walled garden then the third stage may not be necessary. There’s little point thinking about what if’s until the expedition has been approved and the case considered. 

Best case scenario is all ok and no survey or wider checks needed but that won’t be known until the above has happened 

Thank you very much for your assistance. I will phone my solicitor today to encourage him to speed things up.

SprostonGreenHead

We are currently in the process of buying a home where the seller extended her lawn into developer-owned shrubland buffer between other houses and fenced it up. She has used the land this way for 25 years and kept it very well maintained. As a buyer we requested they go through adverse possession as the claim seemed straightforward and almost a given they'd get it. A neighbour has apparently been through the process and got theirs. The land itself isn't really usable for the developer to build other houses.

Unfortunately, on the EAs advice (perhaps poorly communicated) the seller applied directly to LR without a solicitor handling it for them. Managed to fill out the wrong form entirely. It took 2 months for them and us to learn this. Meanwhile, we got the mortgage and really efficient solicitor lined up. We were getting worried when 2 months in no draft contracts or ability to review anything else while we awaited the outcome.

So in the end, seller's solicitors, who TBF to them once the error of their client became apparent jumped on it and re-applied and immediately asked for it to be expedited. This was granted and a survey was conducted, but LR still have to give the paper title holder 65 *working* days to respond and object (or approve).

All during this time, mortgage rates shot up and our existing rented home situation has become unsustainable. We'd secured a rate of 3.35% 5yr fixed with 75% LTV. I asked seller solicitors to identify the date that the statutory notice expired. This was to be just two days before our decent mortgage offer expired. Lender wouldn't talk about extensions to the offer until we were within 30 days of expiry. I doubt they'd grant one in the current climate. On today's rates, the same mortgage product is >£600 a month more.

Due to this, we then opted to buy the property without the land, but disappointingly our lender is now refusing to lend unless and until the AP claim is complete and either the seller or buyer is possessory title holder on completion. A survey showed that this land would make little to no difference to value but the lender calls the shots.

Is it possible to please find out if the paper title owner of the land in question has responded at all, or if there's any other updates or advice? Reference numbers as follows:

Land Registry Reference: XA4117E

Customer reference: HUG0012

Parent Title: LA562768

New Title: LAN266622

Land_Registry

SprostonGreenHead said:

We are currently in the process of buying a home where the seller extended her lawn into developer-owned shrubland buffer between other houses and fenced it up. She has used the land this way for 25 years and kept it very well maintained. As a buyer we requested they go through adverse possession as the claim seemed straightforward and almost a given they'd get it. A neighbour has apparently been through the process and got theirs. The land itself isn't really usable for the developer to build other houses.

Unfortunately, on the EAs advice (perhaps poorly communicated) the seller applied directly to LR without a solicitor handling it for them. Managed to fill out the wrong form entirely. It took 2 months for them and us to learn this. Meanwhile, we got the mortgage and really efficient solicitor lined up. We were getting worried when 2 months in no draft contracts or ability to review anything else while we awaited the outcome.

So in the end, seller's solicitors, who TBF to them once the error of their client became apparent jumped on it and re-applied and immediately asked for it to be expedited. This was granted and a survey was conducted, but LR still have to give the paper title holder 65 *working* days to respond and object (or approve).

All during this time, mortgage rates shot up and our existing rented home situation has become unsustainable. We'd secured a rate of 3.35% 5yr fixed with 75% LTV. I asked seller solicitors to identify the date that the statutory notice expired. This was to be just two days before our decent mortgage offer expired. Lender wouldn't talk about extensions to the offer until we were within 30 days of expiry. I doubt they'd grant one in the current climate. On today's rates, the same mortgage product is >£600 a month more.

Due to this, we then opted to buy the property without the land, but disappointingly our lender is now refusing to lend unless and until the AP claim is complete and either the seller or buyer is possessory title holder on completion. A survey showed that this land would make little to no difference to value but the lender calls the shots.

Is it possible to please find out if the paper title owner of the land in question has responded at all, or if there's any other updates or advice? Reference numbers as follows:

Land Registry Reference: XA4117E

Customer reference: HUG0012

Parent Title: LA562768

New Title: LAN266622

All as described and no response as yet 

SprostonGreenHead

Land_Registry said:

All as described and no response as yet 

Thank you.

H_Rose1987

Hi, I’m wondering if you could help me with a status check of my application that has been expedited. A surveyor from OS came out earlier this week and would like to know next steps if possible. Our mortgage offer due to run out shortly so time is of the essence. 

Ref number - Du391325/fr/154

Many thanks 

Land_Registry

H_Rose1987 said:

Hi, I’m wondering if you could help me with a status check of my application that has been expedited. A surveyor from OS came out earlier this week and would like to know next steps if possible. Our mortgage offer due to run out shortly so time is of the essence. 

Ref number - Du391325/fr/154

Many thanks 

Next steps will be for the survey report to be considered alongside the claim and if all ok most likely wider checks started. Those wider checks can involve contacting neighbouring landowners to check their position on the land ownership 

ScLegend

@Land_Registry

Dear Land Registry, 

Thank you first for your kind help. Have a quick question. Purchased a house and completed at the end of August. 

I called the land registry this morning regarding registration as it has been almost three months. They mentioned to me that two notices have been sent regarding my application and it would allow the recipients until Dec 23 to reply with any potential objections. I checked with my solicitor and they are not aware of such notice. 

This is quite a shock to me as I did not realize other parties could potentially object to the registration of purchase after the purchase has been completed. Would you mind elaborating more on what does the “notice” mean? Does that mean the seller in the purchase may not be the true seller and I have got into some sort of property fraud problem?

The title number is SY266257. Thanks very much for your kind help!

Elasrofton

Good morning @Land_Registry is the UN1 still showing for SGL208177

Thanks 

Land_Registry

Elasrofton said:

Good morning @Land_Registry is the UN1 still showing for SGL208177

Thanks 

The application is still pending, yes 

Land_Registry

ScLegend said:

@Land_Registry

Dear Land Registry, 

Thank you first for your kind help. Have a quick question. Purchased a house and completed at the end of August. 

I called the land registry this morning regarding registration as it has been almost three months. They mentioned to me that two notices have been sent regarding my application and it would allow the recipients until Dec 23 to reply with any potential objections. I checked with my solicitor and they are not aware of such notice. 

This is quite a shock to me as I did not realize other parties could potentially object to the registration of purchase after the purchase has been completed. Would you mind elaborating more on what does the “notice” mean? Does that mean the seller in the purchase may not be the true seller and I have got into some sort of property fraud problem?

The title number is SY266257. Thanks very much for your kind help!

We issue notices for a variety of reasons, some of which are linked to wider checks to help reduce the risk of property fraud 
A Notice is a letter sent to the recipient to explain what the application is and whether they consent/object. There’s no suggestion of any fraud but it is a check we sometimes have to make for registration purposes. 

We can’t elaborate for hopefully obvious reasons but your solicitor can reassure you re the transaction/completion as they too will have carried out their own checks.
If the recipients respond sooner then we can complete the registration.