Land Registry questions

Land_Registry

Llihl13 said:

Hi @Land_Registry not sure if this is the right place to ask but hoping you can shed some light as nobody else is able to!

I am almost due to exchange on my house but my buyers solicitor has today said we cannot exchange due to a “form L” B3 restriction our end that needs removing. Do you know what this is or how long it might take to remove? I am selling my 3 year old property that was bought from new 3 years ago. I’ve found the wording on the title:

RESTRICTION: No disposition of the registered estate (other than a charge) by the proprietor of the registered estate or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a certificate signed by a conveyancer

thanks 

I don’t think that’s the full wording as it should continue to explain what the conveyancer needs to certify. 

Either way to cancel it you’d need a form RX3 and supporting evidence to confirm that the interest protected by it has come to an end. See PG 19 section 3.7.3 

https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register#applications-to-cancel-a-restriction

Santel

We are selling our house, the searches found there are two old Cautions on the deeds in favour of Barclays Bank from 1985.  We can’t remember what they are for, we repaid our mortgage in 2012 and we’re given the Deeds so how can there be money owed?  We and our solicitor have asked Barclays to look into this and they have found nothing, we have been pushed to so many different departments getting nowhere!  We have found a very helpful young lady in Complaints but although she can find no trace of any cautions under our name and assumes there is nothing to be found, orobably written off, she is now having a problem finding the right person who can give written permission to cancel them.  Can anyone tell us who in Barclays bank deals with Cautions or charges to be removed from title deeds on land registry?  We are desperate now as we will loose our sale if we don’t get answers urgently, we need help!

Land_Registry

Santel said:

We are selling our house, the searches found there are two old Cautions on the deeds in favour of Barclays Bank from 1985.  We can’t remember what they are for, we repaid our mortgage in 2012 and we’re given the Deeds so how can there be money owed?  We and our solicitor have asked Barclays to look into this and they have found nothing, we have been pushed to so many different departments getting nowhere!  We have found a very helpful young lady in Complaints but although she can find no trace of any cautions under our name and assumes there is nothing to be found, orobably written off, she is now having a problem finding the right person who can give written permission to cancel them.  Can anyone tell us who in Barclays bank deals with Cautions or charges to be removed from title deeds on land registry?  We are desperate now as we will loose our sale if we don’t get answers urgently, we need help!

It’s probably not something we can really help with on this thread as your Qs are really for others and not HMLR
A couple of things to mention though that may help focus efforts on the cautioner
Deeds would only have been held by a mortgage lender. Whilst cautions can be linked to a debt/loan it would be rare for a cautioner to hold old deeds etc as security though. 

To cancel the cautions you do need evidence to confirm paid off or dismissed/discharged. As you don’t have any evidence yourselves you are reliant on the cautioner. And in cases like this you will need to push them for confirmation as appropriate 
If you’ve made headway through their complaints process then you need to press on down that same channel in my experience 

Santel

Land_Registry said:

Santel said:

We are selling our house, the searches found there are two old Cautions on the deeds in favour of Barclays Bank from 1985.  We can’t remember what they are for, we repaid our mortgage in 2012 and we’re given the Deeds so how can there be money owed?  We and our solicitor have asked Barclays to look into this and they have found nothing, we have been pushed to so many different departments getting nowhere!  We have found a very helpful young lady in Complaints but although she can find no trace of any cautions under our name and assumes there is nothing to be found, orobably written off, she is now having a problem finding the right person who can give written permission to cancel them.  Can anyone tell us who in Barclays bank deals with Cautions or charges to be removed from title deeds on land registry?  We are desperate now as we will loose our sale if we don’t get answers urgently, we need help!

It’s probably not something we can really help with on this thread as your Qs are really for others and not HMLR
A couple of things to mention though that may help focus efforts on the cautioner
Deeds would only have been held by a mortgage lender. Whilst cautions can be linked to a debt/loan it would be rare for a cautioner to hold old deeds etc as security though. 

To cancel the cautions you do need evidence to confirm paid off or dismissed/discharged. As you don’t have any evidence yourselves you are reliant on the cautioner. And in cases like this you will need to push them for confirmation as appropriate 
If you’ve made headway through their complaints process then you need to press on down that same channel in my experience 

Thank you for your answer, we have pursued this through complaints, I think we have emailed many, many different departments lots of times, they must be sick of our name! We may have answers next week so I’d say to anyone in our situation or similar, persevere don’t be afraid to write to anyone that could help.

KLR0509

Hi LR,

A restriction on the title deeds of a house I am purchasing was added in error back in 2016. I believe an RX4 has been submitted for a second time after it was incorrectly submitted first to remove the restriction however this seems to be taking such a long time. We are at the point for being able to exchange contracts and only a few weeks away from my mortgage offer expiring, are you able to provide an update on how much longer this is going to take please. The deed the query relates to is LAN229089.

Thanks

bod3

Hi. 

I have an application pending for adverse possession of land that has been enclosed with in my boundary since the house has been built thirty years ago .The surveyor has been out three weeks ago. I wondered how long it will now take to sort out it has been expedited and I can’t exchange contracts until the title is sorted out . The title number is CYM866847. 
Thank you 

Santel

Santel said:

Land_Registry said:

Santel said:

We are selling our house, the searches found there are two old Cautions on the deeds in favour of Barclays Bank from 1985.  We can’t remember what they are for, we repaid our mortgage in 2012 and we’re given the Deeds so how can there be money owed?  We and our solicitor have asked Barclays to look into this and they have found nothing, we have been pushed to so many different departments getting nowhere!  We have found a very helpful young lady in Complaints but although she can find no trace of any cautions under our name and assumes there is nothing to be found, orobably written off, she is now having a problem finding the right person who can give written permission to cancel them.  Can anyone tell us who in Barclays bank deals with Cautions or charges to be removed from title deeds on land registry?  We are desperate now as we will loose our sale if we don’t get answers urgently, we need help!

It’s probably not something we can really help with on this thread as your Qs are really for others and not HMLR
A couple of things to mention though that may help focus efforts on the cautioner
Deeds would only have been held by a mortgage lender. Whilst cautions can be linked to a debt/loan it would be rare for a cautioner to hold old deeds etc as security though. 

To cancel the cautions you do need evidence to confirm paid off or dismissed/discharged. As you don’t have any evidence yourselves you are reliant on the cautioner. And in cases like this you will need to push them for confirmation as appropriate 
If you’ve made headway through their complaints process then you need to press on down that same channel in my experience 

Thank you for your answer, we have pursued this through complaints, I think we have emailed many, many different departments lots of times, they must be sick of our name! We may have answers next week so I’d say to anyone in our situation or similar, persevere don’t be afraid to write to anyone that could help.

For an update - Barclays Bank at last agreed there was nothing to find and have sent the correct form into Land registry to remove Cautions, it took several weeks but one young ladies perseverance, in the complaints department, got us the results we needed to push forward and help complete our sale.  We now are in the hands of Land registry, we have asked for the case to be expedited to Fast track as we need this done like yesterday!  We hope we don’t have to wait too long 

Land_Registry

KLR0509 said:

Hi LR,

A restriction on the title deeds of a house I am purchasing was added in error back in 2016. I believe an RX4 has been submitted for a second time after it was incorrectly submitted first to remove the restriction however this seems to be taking such a long time. We are at the point for being able to exchange contracts and only a few weeks away from my mortgage offer expiring, are you able to provide an update on how much longer this is going to take please. The deed the query relates to is LAN229089.

Thanks

Submitted 14th April. Expedited same day and processed. Unfortunately it’s not in order and we contacted the lodging conveyancer on 14th with a request for more. They’ve yet to reply. 

You’ll need to contact them to confirm and find out when they are likely to respond 

Land_Registry

bod3 said:

Hi. 

I have an application pending for adverse possession of land that has been enclosed with in my boundary since the house has been built thirty years ago .The surveyor has been out three weeks ago. I wondered how long it will now take to sort out it has been expedited and I can’t exchange contracts until the title is sorted out . The title number is CYM866847. 
Thank you 

We’ve been waiting for the conveyancer to provide more information. Our last request was on 27th May and they replied on 31st. 

It’s now back with one of lawyers to give the final ok so I’d expect it to complete between now and Monday if all goes to plan 

niceguyed

Hi. @Land_Registry I dropped you a direct message, I hope that's ok.