Land Registry questions

Land_Registry

niceguyed said:

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

Always ok and have answered now 

csswiift

Hi all - hoping for some LR help.

I’ve purchased a basement flat in Edinburgh which has a number of cellars in the sunken area outside our property.

I understand from the previous owners and the home report that two of the cellars belong to my property however they haven’t been noted in my title deeds. I’ve bought copies of the neighbours titles and they have a cellar noted.

What’s the best way to address this and have the cellars formally on our title deeds?

Thanks

Land_Registry

Land_Registry said:

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 

It’s been completed so hopefully you can move forward from here 

Land_Registry

csswiift said:

Hi all - hoping for some LR help.

I’ve purchased a basement flat in Edinburgh which has a number of cellars in the sunken area outside our property.

I understand from the previous owners and the home report that two of the cellars belong to my property however they haven’t been noted in my title deeds. I’ve bought copies of the neighbours titles and they have a cellar noted.

What’s the best way to address this and have the cellars formally on our title deeds?

Thanks

You’ll need help from others re a Scottish property. We deal with England and Wales
Start your own thread perhaps on the forum and flag that it’s a Scottish property. 

Otherwise contact the Registers of Scotland direct 

user1977

csswiift said:

I’ve purchased a basement flat in Edinburgh which has a number of cellars in the sunken area outside our property.

I understand from the previous owners and the home report that two of the cellars belong to my property however they haven’t been noted in my title deeds. I’ve bought copies of the neighbours titles and they have a cellar noted.

What’s the best way to address this and have the cellars formally on our title deeds?

If you're talking about a recent purchase (that's already settled?) then going back to your own solicitor would seem the most sensible option. Though you should really have clarified this during the conveyancing process. I would doubt the Land Register can clarify it much further on your title if the previous deeds haven't made any mention of the cellars.

davemorton

@Land_Registry I have downloaded the deads, and still unsure if my property is owned tenants in common or joint tenants, would you be able to help please?  The title number is TY13101  Many thanks. 

uknick

How long to process TR1 after probate - I was expecting the executor of my mother's will to send off a TR1 for her property as soon as probate was granted.  However, probate was granted at the end of April and I've yet to receive an alert notification email.

I did look at the Land Registry site and found a statistic saying 5 weeks is the usual time to process a TR1.  Is this correct?


PS - sorry if this is a common question, but I looked back a couple of weeks and couldn't find the answer.

Land_Registry

uknick said:

How long to process TR1 after probate - I was expecting the executor of my mother's will to send off a TR1 for her property as soon as probate was granted.  However, probate was granted at the end of April and I've yet to receive an alert notification email.

I did look at the Land Registry site and found a statistic saying 5 weeks is the usual time to process a TR1.  Is this correct?


PS - sorry if this is a common question, but I looked back a couple of weeks and couldn't find the answer.

You’d get a notification on submission so the executor hasn’t submitted the Transfer as yet. 

Some applications can be processed quickly and within a few weeks but if the executor is doing it themselves then it can wait a few months before being processed 

propertyrental

The grant of probate does not mean the Executers' work is finished and the assets can be distributed to the Beneficiaries. They still have to complete the work of identifying any debts owed or credits due to the Estate, using the Grant as their evidence that they have the right (obligation) to obtain this information.

At some point (a week? a month? 6 months?) this work will be complete and they can then wind up the Estate and distribute the assets. If you are a Beneficiary and are due either funds and/or a property, that is when you will be given what you are due to inherit.

A further factor may be related to what you plan to do with the property.. If you plan to live in it, or rent it out, then transferring to you makes sense (though not, I believe, via a TR1).

If you plan to sell, it makes far more sense for the Executers to sell rather than transferring it to you first - something to discuss with the Executers.

I'll leave the LR Rep to respond re timescales.

uknick

propertyrental said:

The grant of probate does not mean the Executers' work is finished and the assets can be distributed to the Beneficiaries. They still have to complete the work of identifying any debts owed or credits due to the Estate, using the Grant as their evidence that they have the right (obligation) to obtain this information.

At some point (a week? a month? 6 months?) this work will be complete and they can then wind up the Estate and distribute the assets. If you are a Beneficiary and are due either funds and/or a property, that is when you will be given what you are due to inherit.

A further factor may be related to what you plan to do with the property.. If you plan to live in it, or rent it out, then transferring to you makes sense (though not, I believe, via a TR1).

If you plan to sell, it makes far more sense for the Executers to sell rather than transferring it to you first - something to discuss with the Executers.

I'll leave the LR Rep to respond re timescales.

I appreciate the time you took to respond, but all that work was done nearly a year ago just after her death.  All that is left to do is transfer the property to the main beneficiary.  This is the executor who was chomping at the bit to do so.  Therefore my puzzlement at the delay.  This is not a simple case of estate distribution, rather a possible maladministration of the estate.  But, that's for the probate thread if needed, not this one.