Land Registry questions

Billco_2

Hey @Land_Registry hopefully I can take advantage of your knowledge and help as well please.

Lost my mum a few months ago and she was privately renting with an equity release type scheme. Now that the property is being sold by the landlord the remaining equity has to be paid to her estate as part of the agreement. I believe that this is the reason for a restriction placed on the property. 

The sale is currently going through and I've been assured that the equity will be passed to me as her executor/sole beneficiary from the proceeds of the sale.

They have sent me a RX4 form they want me to sign to request the restriction be removed. My actual question is, is this considered "normal" procedure?

I'm just concerned that signing the form before receiving the money somehow allows them to not pay out.

juancarlos66

We purchased a property in Nov 2021. It turns out that our solicitor (no longer trading) never completed the TR1 form. Can I do this myself now as we want to sell ?

I have asked this same question a couple of times but haven't had a full answer.

Thanks.

shiraz99

A quick question re. my Title register. For background I have a garage at the rear of my property which is serviced by a separate, privately owned stretch of land. In my Title Register I have a Deed of Grant giving me a right of way but there is no further detail than that. Is there anywhere I can see the exact detail of this grant?

All It states is the following (the two parties being the original owners of the adjoining land and a previous owner of my property):

"A Deed dated 15 February 1997 made between (1) XXXXXXX and others and (2) XXXXXXX is expressed to grant a right of way.

NOTE: Copy filed.:
"

Land_Registry

Billco_2 said:

Hey @Land_Registry hopefully I can take advantage of your knowledge and help as well please.

Lost my mum a few months ago and she was privately renting with an equity release type scheme. Now that the property is being sold by the landlord the remaining equity has to be paid to her estate as part of the agreement. I believe that this is the reason for a restriction placed on the property. 

The sale is currently going through and I've been assured that the equity will be passed to me as her executor/sole beneficiary from the proceeds of the sale.

They have sent me a RX4 form they want me to sign to request the restriction be removed. My actual question is, is this considered "normal" procedure?

I'm just concerned that signing the form before receiving the money somehow allows them to not pay out.

It’s not really a Q for LR here but really one for a legal adviser. Form RX4 is the prescribed form for withdrawing a restriction so used/completed by the beneficiary of that restriction. 

The key in my experience is that any withdrawal is legally linked to the settlement of the protected interest. It’s similar to say a seller undertaking to pay off their mortgage from the proceeds of sale. 

So signing a form RX4 could for example be linked to the assurance/passing of the equity you refer to. How you achieve that and ensure it happens in law is a legal issue, rather than a registration one as a result 

Land_Registry

juancarlos66 said:

We purchased a property in Nov 2021. It turns out that our solicitor (no longer trading) never completed the TR1 form. Can I do this myself now as we want to sell ?

I have asked this same question a couple of times but haven't had a full answer.

Thanks.

Simple answer is yes but the TR1 is the legal transfer deed so it has to be completed/executed by the seller as well 
https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

Land_Registry

shiraz99 said:

A quick question re. my Title register. For background I have a garage at the rear of my property which is serviced by a separate, privately owned stretch of land. In my Title Register I have a Deed of Grant giving me a right of way but there is no further detail than that. Is there anywhere I can see the exact detail of this grant?

All It states is the following (the two parties being the original owners of the adjoining land and a previous owner of my property):

"A Deed dated 15 February 1997 made between (1) XXXXXXX and others and (2) XXXXXXX is expressed to grant a right of way.

NOTE: Copy filed.:
"

You can apply by post for a copy of the filed deed 
https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

Billco_2

Land_Registry said:

Billco_2 said:

Hey @Land_Registry hopefully I can take advantage of your knowledge and help as well please.

Lost my mum a few months ago and she was privately renting with an equity release type scheme. Now that the property is being sold by the landlord the remaining equity has to be paid to her estate as part of the agreement. I believe that this is the reason for a restriction placed on the property. 

The sale is currently going through and I've been assured that the equity will be passed to me as her executor/sole beneficiary from the proceeds of the sale.

They have sent me a RX4 form they want me to sign to request the restriction be removed. My actual question is, is this considered "normal" procedure?

I'm just concerned that signing the form before receiving the money somehow allows them to not pay out.

It’s not really a Q for LR here but really one for a legal adviser. Form RX4 is the prescribed form for withdrawing a restriction so used/completed by the beneficiary of that restriction. 

The key in my experience is that any withdrawal is legally linked to the settlement of the protected interest. It’s similar to say a seller undertaking to pay off their mortgage from the proceeds of sale. 

So signing a form RX4 could for example be linked to the assurance/passing of the equity you refer to. How you achieve that and ensure it happens in law is a legal issue, rather than a registration one as a result 

Yep totally appreciate its more a legal question but not having easy access to a legal advisor I'm trying to get a more general idea of if its a "normal" order of process.

You've helped with that a great deal so thank you very much for the very quick reply!

firstbuyer

Hey @Land_Registry any more updates on K612254? We completed over a year ago today but still no notifications that it's been processed.

Land_Registry

firstbuyer said:

Hey @Land_Registry any more updates on K612254? We completed over a year ago today but still no notifications that it's been processed.

We registered a purchase dated 22nd Feb 2022 on 8th Dec 2022 against that title. The conveyancer who lodged it is the only one to be notified by us when it’s done 

CastleGrayskull

Land_Registry said:

CastleGrayskull said:

Hi @Land_Registry

I’m concerned about a Title change that’s dragging on and would appreciate your angle on this: 

Title #: EGL571711

A TR1 application to register a transfer in property ownership from myself and my parents to me alone was submitted on 6th May 2022. The Title has remained unchanged ever since.

The only movement was in November when the Land Registry requested that solicitors submit a Certificate of Compliance from the leasehold property management company. This was uploaded by solicitors to the Land Registry application on 15th November. Since then solicitors have said that the application is still pending and that the ‘estimated completion date’ is ‘exceeded’.

Is this normal? Is it normal that I’ve heard nothing else and we’re over nine months in? - I expected that the Title would be changed soon after the request for further info, but no change and all quiet with the LR.

I need the Title change more than ever in order to sell the property due to my disability becoming incompatible with my living circumstances: I am autistic and the actions of neighbors and management in recent months is taking its toll on my health.

The description you’ve provided isn’t unusual as we may raise a request on submission if something obvious is missing. However I can t see that we have so assume a telephone conversation may have taken place at some point as solicitor added more to the application in November. 

I’ll flag with colleagues to ask them to help re remaining wait time. If everything is in order then we can hopefully complete it fairly quickly for you 

Hi  @Land_Registry

An update with regards this application: today solicitors sent a “Declaration of Trust & Transfer of Equity” form to my parents for them to sign for the LR.

I suspect one of your colleagues noticed missing info and buzzed the solicitors for it?

Is this form something that should’ve been signed/filed with the original application May 6th 2022? Or is it routine to ask for it at this stage post-application?