Land Registry questions

Land_Registry

Nikkilevel27 wrote: »

Starting to worry.

I'm in scotland.

Anyone been in this situation? Any words of advice would be great. Thanks!

We deal with England and Wales and I don't think the Registers of Scotland are on MSE. Try their website for guidance
Others on MSE may have experience of Scottish property law though

Land_Registry

DonnySaver wrote: »

Thank you for your reply. I am unsure whether it is form OC1 or OC2 that I need to fill in (sorry).

OC1 is for a paper copy if register or title plan. But you can check the register online for £3
OC2 is for paper copies of deeds/docs we may have in file

However your post implies it's unregistered - if the search online has no info available then it's the deeds you need from the lender to confirm everything

I suggested checking online as you said it was transferred to you 10 years ago

maimee_magic

Does a declaration of trust need to be registered at the Land Registry? If so how much does this cost? My wife’s property doesn’t have a mortgage and is not rented out. Thanks for any advice.

Land_Registry

maimee_magic wrote: »

Does a declaration of trust need to be registered at the Land Registry? If so how much does this cost? My wife’s property doesn’t have a mortgage and is not rented out. Thanks for any advice.

No it doesn't. It affects your beneficial ownerships so can be something joint owners may wish to reflect on the land register which focusses on your legal ownership

Our online guidance explains this in more detail and links you to the firms and guidance available

You'd normally discuss this with whoever you drew the DofT up with

maimee_magic

Hi, thanks for your reply. I was planning on drawing it up the DoT myself using a template. We were thinking of getting our solicitor to add my name onto the title deeds but they want £400 to do it so someone suggested a DoT instead.

Land_Registry

maimee_magic wrote: »

Hi, thanks for your reply. I was planning on drawing it up the DoT myself using a template. We were thinking of getting our solicitor to add my name onto the title deeds but they want £400 to do it so someone suggested a DoT instead.

Adding your name to the register is very different as the current owner has to transfer the ownership . That would make you a joint legal owner.
A DofT protects a beneficial interest
Whilst you can DIY such things it's always recommended you get legal/financial advice to ensure you do what's best for each person with an interest. And each understands the impact and what happens next in any given scenario

Lamby76

Hi there,
I'm about 3 months into a house move and my solicitor has told me that there is a problem with the deeds, my buyers solicitor has pointed out that a clause referenced in the deed of covenant doesn't match up with a clause in the estate rent charge deed and possibly shouldnt have been registered with the LR when I bought the house in 2006. She further tells me that she has written to the LR about this and is waiting for a response.
My buyer is needing to move into rented and it wouldn't surprise me if the chain collapsed. If my deeds are wrong surely the LR will only be able be able to confirm this and a deed of rectification (?) will be required regardless, are you able to advise me how long this will take to sort out?
I am rather stressed with the whole process.
Many thanks.

DonnySaver

Land_Registry wrote: »

OC1 is for a paper copy if register or title plan. But you can check the register online for £3
OC2 is for paper copies of deeds/docs we may have in file

However your post implies it's unregistered - if the search online has no info available then it's the deeds you need from the lender to confirm everything

I suggested checking online as you said it was transferred to you 10 years ago

Hi again. Yes, I've done the search online using the house number and postcode but it says "Sorry, we do not have a record of any titles for this property. This does not necessarily mean that the property is unregistered."

violettasomerset

Hello, we sold our old house and bought our new one at the start of February and have not yet received any paperwork about the transfer with the Land Registry (both properties were previously registered). However, both the sold prices have been listed on Rightmove for a few weeks which suggests that the transfer has gone through. Our solicitor says they haven't yet received anything from LR - is this likely to be due to a delay with the LR issuing the paperwork back to them, or just our solicitors dragging their feet? Thanks, V.

maimee_magic

Thanks for your reply. We only want to able to use my CGT allowance as well as my wife's when she sells the property and was looking at the most cost effective way of doing this. Does the Declaration of Trust need to be registered at the Land Registry?