Land Registry questions

FOXBRAD

Hi,
We are only waiting for a RX4 form to be returned before we can exchange contracts. Our lender will not agree to do so without this form.

This was submitted by the seller's solicitors on Monday 4th June 2018 and it is now Thursday 14th June 2018.

Could you advise roughly how long it takes to be processed and returned please?

We are getting very worried, as we thought it would be around a week.

Thank you.

Land_Registry

Nsparrey wrote: »

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

Nsparrey It appears we 'turned down' the expedite request as insufficient details were provided to support the request. Unfortunately we did not make this clear in our reply though and I have emailed you on that basis to explain further.

From a wider perspective we have a backlog of this type of work currently, although that is being reduced. We receive quite a few requests for expedition, as I am sure you will appreciate, and in most cases we ask for additional evidence to back up the email/letter request.

The primary reason for this is that we can be asked to expedite applications for a wide variety of reasons and to manage requests/expectations we can ask for 'more'.

Expedition shortens the wait time before it is considered so hopefully the application can now be expedited. I note that the application is for a first registration where the deeds have been lost. As a result this is very likely to require a site visit and/or wider checks. This will take time to complete so just wanted to emphasise that expedition does not mean automatic registration but simply reduces the wait time as mentioned.

Best estimates re time are expedition/consideration within one or two weeks. If in order a survey requested and completed within 2 weeks. Wider checks instigated (if needed) which can take up to 3 weeks to complete depending on responses. So as you can see in this example there will still be a wit time to elapse even if expedited.

Land_Registry

FOXBRAD wrote: »

Hi,
We are only waiting for a RX4 form to be returned before we can exchange contracts. Our lender will not agree to do so without this form.

This was submitted by the seller's solicitors on Monday 4th June 2018 and it is now Thursday 14th June 2018.

Could you advise roughly how long it takes to be processed and returned please?

We are getting very worried, as we thought it would be around a week.

Thank you.

FOXBRAD - consideration normally takes place within 8 working days. If it's not in order then that can delay matters.
And if we have to contact the beneficiary to confirm removal then they are given time to respond, usually up to 3 weeks.

A week was a reasonable estimate if all was in order but I assume either it was not or we have contacted the beneficiary

FOXBRAD

Land_Registry wrote: »

FOXBRAD - consideration normally takes place within 8 working days. If it's not in order then that can delay matters.
And if we have to contact the beneficiary to confirm removal then they are given time to respond, usually up to 3 weeks.

A week was a reasonable estimate if all was in order but I assume either it was not or we have contacted the beneficiary

Hi,

Thank you for your very quick reply.


The Title reference for the property is WSX354976. Could you possibly check to see where we are in the process please?

Burns1702

Land_Registry wrote: »

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

Hi

I find it ridiculous that when our seller purchased the property this was not removed, they are now expected to find someone from over 12 years ago, what if they've left the country and also once the property is sold their hold should be null n void.

You cannot expect people to start tracking people down, there not private investigators

We are being stopped from purchasing this property because of this, I'm going to be hundreds of pounds out of pocket and the Land Registry couldn't give a stuff, Thanks !!!

Land_Registry

FOXBRAD wrote: »

Hi,

Thank you for your very quick reply.


The Title reference for the property is WSX354976. Could you possibly check to see where we are in the process please?

FOXBRAD I'm afraid no application in form RX4 has been submitted as yet against that title

Land_Registry

Burns1702 wrote: »

Hi

I find it ridiculous that when our seller purchased the property this was not removed, they are now expected to find someone from over 12 years ago, what if they've left the country and also once the property is sold their hold should be null n void.

You cannot expect people to start tracking people down, there not private investigators

We are being stopped from purchasing this property because of this, I'm going to be hundreds of pounds out of pocket and the Land Registry couldn't give a stuff, Thanks !!!

Whilst I understand your frustrations I don't quite understand why you feel that would be directed at us. It's not an issue of whether we 'give a stuff' or not but how is such an interest removed from the land register. The interest was and could indeed still be real from a legal perspective - like you, we know it existed but we don;t know if it has come to an end.

I'm afraid we cannot for example say 'they're not around anymore and it's been 12 years so......' as unfortunately the law does not work in that way unless of course a judge decides that it can, usually only when someone cannot be traced presumed dead. A court would though expect efforts to have been made to trace someone and would not simply assume after 12 years they had no legal interest or did not exist.

The law is such that the spouse has a right of occupation. If that right has come to an end, for example they now divorced, then tracing the spouse or the original seller may not be needed.
I believe you can check (for a fee) if a decree absolute has been issued via GOV.UK - not suggesting that will solve everything but may be worth a search or getting the seller/their solicitor to do so for example

Their solicitor can of course try to track back with their original seller's solicitor although you could argue it was a shared responsibility to get the evidence and remove the notice. After 12 years, because of their rules for keeping records, they may have no details and may have no legal obligation to assist - I'm sure your solicitor will be able to advise.

So, we do care and 'do give a stuff' but that has to be shared with all parties who have a registered interest. We are not arbiters on such legal matters.

Hayley_Josefa

Hi I am wondering if anyone can offer any guidance.
I am in the process of buying my dream house, which is around 8 years old and being sold for the first time by the developer, who rented it out for the duration. He had buyers lined up last year and it fell through when the buyers pulled out, due to the fact some of the land the house stands on had not been properly registered to the owner. It took too long so the buyers moved on. It went back on the market, much to our delight, at which point we were told what had happened previously but assured it had been sorted out. Our offer was accepted on 8th November 2017 and it has been sale agreed since then.
This is still ongoing, it has not been fixed and nobody can tell us anything about it, given that it is not our house yet. The estate agent has gone silent, land registry won't deal with us, a local MLA has been involved but we don't know any more about it. Solicitor isn't in a position to tell us anything and our mortgage offer expires in 7 days.
I've seen a few posts about similar situations in England but I was hoping someone might have some knowledge or advice regarding Northern Ireland? Our land and property services website is nowhere near as transparent as the English one so it's a dead end. Sorry if I'm being a pain by asking about NI but I'm hopeful!
Please help!
Thank you

Burns1702

Hi but you're missing the main point, how can they still have an interest in the house if they've sold it, they don't own it anymore, somebody else owns it and has a mortgage on it.

Land_Registry

Hayley_Josefa wrote: »

Hi I am wondering if anyone can offer any guidance.
I am in the process of buying my dream house, which is around 8 years old and being sold for the first time by the developer, who rented it out for the duration. He had buyers lined up last year and it fell through when the buyers pulled out, due to the fact some of the land the house stands on had not been properly registered to the owner. It took too long so the buyers moved on. It went back on the market, much to our delight, at which point we were told what had happened previously but assured it had been sorted out. Our offer was accepted on 8th November 2017 and it has been sale agreed since then.
This is still ongoing, it has not been fixed and nobody can tell us anything about it, given that it is not our house yet. Sorry if I'm being a pain by asking about NI but I'm hopeful!
Please help!
Thank you

.
I'm sorry to read of the issues you are facing. As you appreciate we can't help as we deal with England and Wales. I don't see too many posts on MSE re land registry NI but a few re Registers of Scotland
Hopefully someone may post although reading the issues faced I'm nit too sure there's much anyone can share which will help as it reads as if the ball is in the professionals court to resolve
Good luck