Land Registry questions

Land_Registry

violettasomerset wrote: »

That was quick! (both your response and the transfer) Sounds like I will need to speak to my solicitor and get them to pull their finger out. Many thanks for your help, V.

It could be the post failed to deliver and they simply think it's still ongoing. But as we are nearly 3 months on re an application that would normally take on average 8 working days I'm surprised they have not checked at some stage to confirm what has happened

Land_Registry

Lamby76 wrote: »

Thanks Land Registry. I had been given the impression that this enquiry had been raised some weeks before the 05/06, clearly something I will need to discuss further with my solicitor !

Lamby75 - there has been prior correspondence but initially to check if we have the details and then to query something related to it. But looks like the actual request to dig deeper, with more details provided, was 5th June

maimee_magic

Land_Registry wrote: »

No - the existance and impact of the Dec of T can be registered, usually as a form A restriction, but we don't register the Dec itself

So if we complete the DoT how do we register it's existance? Do you possibly have a link to the relevant form please?
it says on your site For A restriction: Use this form when joint proprietors have severed the joint tenancy and are now tenants in common. The house is currently only owned by my wife. Confused.

Land_Registry

maimee_magic wrote: »

So if we complete the DoT how do we register it's existance? Do you possibly have a link to the relevant form please?
it says on your site For A restriction: Use this form when joint proprietors have severed the joint tenancy and are now tenants in common. The house is currently only owned by my wife. Confused.

You don't register it's existence in the he sense that we refer to the Dec of T on the register. You can register its impact on her legal ownership if that is what you wish to do - the link in my original reply explains that and links to the forms SEV and RX1 you can use depending on your circumstances and needs

The most common scenario is where joint owners sever their joint tenancy, hence the online guidance. As your wife is the sole legal owner it is less common for a form A restriction to be applied for. But it is still possible if that is what is wanted.

If you want more guidance on private trusts then our PG24 may help

But if you are still confused I'd get some wider advice, perhaps from the source that suggested a Dec of T was a way forward

violettasomerset

Land_Registry wrote: »

It could be the post failed to deliver and they simply think it's still ongoing. But as we are nearly 3 months on re an application that would normally take on average 8 working days I'm surprised they have not checked at some stage to confirm what has happened

I've given the solictors a call, and initially got their usual response - "oh, well the Land Registry have a backlog and it's taking months" - so it was really helpful to be able to give them the transfer date and say, well actually... I've asked them to check / follow up, as I'm sure you're right that it's lost in the post somewhere. Thanks, V.

Nsparrey

After having our offer accepted on a house, we have been told it is unregistered and the process could take six months. Our Sales Coordinator has contacted the vendors' solicitor but has been told that an application to expedite the application has been turned down. The people buying our house are first time buyers and ready to go. We are worried they will back out rather than wait. When we viewed the property again last week we also noticed the damp we already knew about was worse (the house is empty). We also have a child who attends a special school and suffers from anxiety. The uncertainty and wait is very difficult for him (and us, managing his behaviour). Can anything be done to get the Land Registry to change their mind about expediting? I believe the application for first registration was initially submitted in early April.

Land_Registry

Nsparrey wrote: »

After having our offer accepted on a house, we have been told it is unregistered and the process could take six months. Our Sales Coordinator has contacted the vendors' solicitor but has been told that an application to expedite the application has been turned down. The people buying our house are first time buyers and ready to go. We are worried they will back out rather than wait. When we viewed the property again last week we also noticed the damp we already knew about was worse (the house is empty). We also have a child who attends a special school and suffers from anxiety. The uncertainty and wait is very difficult for him (and us, managing his behaviour). Can anything be done to get the Land Registry to change their mind about expediting? I believe the application for first registration was initially submitted in early April.

Nsparrey - I am sorry to hear of how difficult the process is becoming and the issues caused.

Expedition can be turned down if there are reasons for doing so e.g. prior applications with priority and which can't be completed; lack of information provided with the request to expedite; or the process requires checks to be carried out which are time-sensitive and can't be shortened.

The request really has to come from the conveyancer who submitted the application as it is their application

Were you given a reason for it being 'turned down' and if so what was it?

Nsparrey

We were not given a reason why the application could not be expedited. I have emailed as you suggested. Fingers crossed .

Burns1702

Hi
We are trying to purchase a property but there's a matrimonial hold on it, it is prior to our seller purchasing the property, we are struggling to get this removed as it was put on there about 15 years ago. The sellers solicitors is trying to locate the original solicitors who sold the property to have this removed.
There must be an easier process, our seller has managed to purchase the property with this on but now can't sell it until its removed
Please help, this is really holding us up buying the property

Land_Registry

Burns1702 wrote: »

Hi
We are trying to purchase a property but there's a matrimonial hold on it, it is prior to our seller purchasing the property, we are struggling to get this removed as it was put on there about 15 years ago. The sellers solicitors is trying to locate the original solicitors who sold the property to have this removed.
There must be an easier process, our seller has managed to purchase the property with this on but now can't sell it until its removed
Please help, this is really holding us up buying the property

Such 'Notices' often only prevent a purchase where the buyer has a mortgage. The lender is especially vigilant for such notices and won't lend if one exists.
If there was no mortgage on the last purchase then it may have slipped through

The key to removal remains the same, namely an official copy of the decree absolute in most cases. A written release by the spouse can also work whilst their death certificate (if that has happened) may also be used.

Trying to get the solicitor who acted to resolve is one course to take but useful to know the above if the named individuals have to be traced also