Land Registry questions

Titus_Wadd

Hi @Land_Registry and thank you so much for a swift and comprehensive response to my DM, v much appreciated.  Titus x

movingon

Hello, please could you advise?. SD1 is the Executor for her late mother. Mother has bequeathed the property to her and her sister. Sister is currently living there. SD1 is living abroad. I have completed AP1 and AS1 but AS1 has been returned as there is a legal charge on the property due to adaptive works. I understand that we have to pay the charge and then complete DS2, but DS3 is also mentioned. However, this seems to relate to a mortgage, yet there is no mortgage? Also, it says ID has to be sent again, but this was also sent with AP1. Can you please confirm if I am correct if I am thinking that all we need to do is get the Charge paid, get evidence that it is paid, then complete DS2 and return all the original forms, including ID? Thank you

Land_Registry

movingon said:

Hello, please could you advise?. SD1 is the Executor for her late mother. Mother has bequeathed the property to her and her sister. Sister is currently living there. SD1 is living abroad. I have completed AP1 and AS1 but AS1 has been returned as there is a legal charge on the property due to adaptive works. I understand that we have to pay the charge and then complete DS2, but DS3 is also mentioned. However, this seems to relate to a mortgage, yet there is no mortgage? Also, it says ID has to be sent again, but this was also sent with AP1. Can you please confirm if I am correct if I am thinking that all we need to do is get the Charge paid, get evidence that it is paid, then complete DS2 and return all the original forms, including ID? Thank you

Sadly not as I don’t follow the details provided especially re “legal charge …… due to adaptive works”
It reads as if you’ve received a request from us on a live case so far better to reply to that with your Qs and asking for clarity 
By all means DM me the title number but if your Qs don’t match the case details then I’ll repeat the advice to reply to the request 

shadewood_mole

Hi there,
Our house deeds are registered in my name and my wife's maiden name.  I'm not sure why this is the case as we were married when the mortgage was removed from the deeds. In any case, we sent the required documents and application form to the Land Registry to have the name changed/corrected.  This was in February 2022 over 16 months ago.  We have confirmed everything has been received but the name change has still not been actioned.  I'm sure it takes the gentleman on the phone longer to explain why not than to actually make the change!  He says it is flagged as overdue but here we are. Any advice please?

Land_Registry

shadewood_mole said:

Hi there,
Our house deeds are registered in my name and my wife's maiden name.  I'm not sure why this is the case as we were married when the mortgage was removed from the deeds. In any case, we sent the required documents and application form to the Land Registry to have the name changed/corrected.  This was in February 2022 over 16 months ago.  We have confirmed everything has been received but the name change has still not been actioned.  I'm sure it takes the gentleman on the phone longer to explain why not than to actually make the change!  He says it is flagged as overdue but here we are. Any advice please?

Not really other than I’d be surprised if it’s not done shortly. Feb 22 until now is way too long without contact so assume something went awry but now rectified by the gentleman. 

When a lender removes their charge there’s nothing else applied for so the name wouldn’t have been updated at same time 

eightlegsnotfour

Thank you for your advice about 5 metres of garden.

I have another query.

My late mother's small holding consists of three fields and one house and garden. One field has its own deed. The other two are on the same deed as the house and garden.

We intend to sell the lot next year once a planning application for an extension to the house and for garages has been approved.

We have been advised to add uplift conditions to the fields to take account of any future development. There is little chance of a house being built on any of them at present as they are outside development boundaries. But stables could be approved and then in ten years time an application to convert the stables into a house could be made.

Can you advise on a suitable course of action to add uplift conditions so we stand to benefit from any development?

user1977

eightlegsnotfour said:

Thank you for your advice about 5 metres of garden.

I have another query.

My late mother's small holding consists of three fields and one house and garden. One field has its own deed. The other two are on the same deed as the house and garden.

We intend to sell the lot next year once a planning application for an extension to the house and for garages has been approved.

We have been advised to add uplift conditions to the fields to take account of any future development. There is little chance of a house being built on any of them at present as they are outside development boundaries. But stables could be approved and then in ten years time an application to convert the stables into a house could be made.

Can you advise on a suitable course of action to add uplift conditions so we stand to benefit from any development?

This sounds more a question about marketing and the legal negotiation of such an agreement - this thread is really just about how these things eventually get registered. If you want advice about it you'd be better to start a separate thread.

Land_Registry

eightlegsnotfour said:

Thank you for your advice about 5 metres of garden.

I have another query.

My late mother's small holding consists of three fields and one house and garden. One field has its own deed. The other two are on the same deed as the house and garden.

We intend to sell the lot next year once a planning application for an extension to the house and for garages has been approved.

We have been advised to add uplift conditions to the fields to take account of any future development. There is little chance of a house being built on any of them at present as they are outside development boundaries. But stables could be approved and then in ten years time an application to convert the stables into a house could be made.

Can you advise on a suitable course of action to add uplift conditions so we stand to benefit from any development?

Very much one for a conveyancer to advise on. Any conditions can certainly be included in the transfer(s) as required. 

Kirsea

Hi, I completed on a freehold property purchase on 29/7/2022, so almost a year ago. I am still not registered as owner, nothing has been updated on the Land Registry website. I have also recently received a letter from my mortgage company saying I'm in breach of my mortgage terms because their charge on the property isn't registered either. My convayencer is saying they haven't heard from the Land Registry with regards to issues or queries. Therefore I was wondering why there has been such a long delay in actioning this? The property is TY212858. 

Land_Registry

Kirsea said:

Hi, I completed on a freehold property purchase on 29/7/2022, so almost a year ago. I am still not registered as owner, nothing has been updated on the Land Registry website. I have also recently received a letter from my mortgage company saying I'm in breach of my mortgage terms because their charge on the property isn't registered either. My convayencer is saying they haven't heard from the Land Registry with regards to issues or queries. Therefore I was wondering why there has been such a long delay in actioning this? The property is TY212858. 

It’s still with us and waiting to be processed since Aug 2022. We have a backlog of this type of application hence the lengthy delay 

The charge/mortgage is protected as the application has been lodged. I’d suggest speaking to your conveyancer with regards the lender’s letter and how to respond