Land Registry questions

Land_Registry

jstorkey said:

Hello,
I am selling my shared ownership property and the buyers solicitor has said that a restriction on the title needs to be removed.  The restriction states that a certificate of compliance would need to be issued to ensure a particular paragraph in the lease has been complied with…. but it doesn’t exist!
The freeholder are refusing to issue an RX4 to remove the restriction and simply state they will issue a certificate of compliance upon completion, but this obviously isn’t good enough for the buyers solicitor.  Any advice???  We have been back and forth on this for weeks and no one is budging.

Not really as that’s what your conveyancer is for. We register the outcome so once it’s all agreed and/or the sale has happened we register what’s applied for. We can’t advise on how to get there. 

The key here is usually the buyer’s lender and their mortgage product not covering this type of property with a restriction. If the restrictioner won’t release their protected interest, the restriction, then it’s most likely down to the buyer to budge. But they might not be able to. 

Sophie_508

Hello, 

We will soon be paying back our help to buy loan. I note they are meant to remove the charge but I see a lot of people saying that hasn't happened. Can we apply to remove the charge if they don't and also would we incur any costs if they didn't remove the charge even though everything would be paid back in full? 

Thanks 
Sophie

Land_Registry

Sophie_508 said:

Hello, 

We will soon be paying back our help to buy loan. I note they are meant to remove the charge but I see a lot of people saying that hasn't happened. Can we apply to remove the charge if they don't and also would we incur any costs if they didn't remove the charge even though everything would be paid back in full? 

Thanks 
Sophie

You can but without the required evidence from the lender we couldn’t remove it. The lender is normally the one who transmits that evidence direct to us electronically 
No idea re costs and one for your conveyancer to answer 

davemorton

@Land_Registry a declaration of trust was drawn up in May 2022 and signed and dated by both parties to become joint tenants in unequal shares. The solicitor failed to submit the severance until June 2023. This was sent to land registry 6 days after the death of one of the joint proprietors. Will this still be actioned or is this null and void due to being submitted after the death? 

slottieslotkins

slottieslotkins said:

Hi @Land_Registry,

We are currently waiting on a merger of the title deeds of the house we are buying - it holds both an expired leasehold and a freehold title at the minute and have applied for these to be merged. The process was expedited on 1st June, but we haven't heard anything back yet. We only have a few weeks left on our mortgage so we are anxious to get things moving. If you would be able to check on the progress of this, that would be great. Title numbers are SYK247309 and SYK309556.

Thank you

Hi @Land@Land_Registry

Our buyers solicitor is currently waiting for advice regarding an outstanding enquiry re: the quoted issue, before we can complete on our purchase. Would you be able to check on this? Our mortgage offer runs out on the 13th so we are very anxious to get things moving again!

Thank you,
Lottie 

Benc744

Hi Land Registry

We are currently purchasing a property and we’re due to complete next Friday. 

During the conveyancing process it was identified that there was an issue with the property boundary and in order to rectify it, a small piece of land needed to be transferred from the neighbouring farm.

The farm is held in trust and it had been arranged for all trustees to sign a TP1 to effect the transfer of the land.  It has just been discovered that one of the trustees has retired from the trust, but this was never formally noted to the land registry.

We are now being told that we are unable to complete the sale until a deed of retirement of a trustee has been registered and a revised TP1 has been signed by the remaining trustees.

Can you advise how long it takes to process a deed of retirement please and if there are any options to expedite this?

Also, do we need to wait for the registration of the deed of retirement to complete before we are able to submit a revised TP1?

many thanks 

Land_Registry

davemorton said:

@Land_Registry a declaration of trust was drawn up in May 2022 and signed and dated by both parties to become joint tenants in unequal shares. The solicitor failed to submit the severance until June 2023. This was sent to land registry 6 days after the death of one of the joint proprietors. Will this still be actioned or is this null and void due to being submitted after the death? 

It will be considered and actioned on merit and as applied for. Whether it’s null and void isn’t a registration issue. It’s a legal one as such severances can take place and not be registered but still take legal effect. That’s because they are severing their joint tenancy and the legal ownership continues to be dealt with as a whole 

Land_Registry

slottieslotkins said:

slottieslotkins said:

Hi @Land_Registry,

We are currently waiting on a merger of the title deeds of the house we are buying - it holds both an expired leasehold and a freehold title at the minute and have applied for these to be merged. The process was expedited on 1st June, but we haven't heard anything back yet. We only have a few weeks left on our mortgage so we are anxious to get things moving. If you would be able to check on the progress of this, that would be great. Title numbers are SYK247309 and SYK309556.

Thank you

Hi @Land@Land_Registry

Our buyers solicitor is currently waiting for advice regarding an outstanding enquiry re: the quoted issue, before we can complete on our purchase. Would you be able to check on this? Our mortgage offer runs out on the 13th so we are very anxious to get things moving again!

Thank you,
Lottie 

Just the one application against the second title. And we’re waiting for a reply from the lodging conveyancer to our request for more dated 20th June 

Land_Registry

Benc744 said:

Hi Land Registry

We are currently purchasing a property and we’re due to complete next Friday. 

During the conveyancing process it was identified that there was an issue with the property boundary and in order to rectify it, a small piece of land needed to be transferred from the neighbouring farm.

The farm is held in trust and it had been arranged for all trustees to sign a TP1 to effect the transfer of the land.  It has just been discovered that one of the trustees has retired from the trust, but this was never formally noted to the land registry.

We are now being told that we are unable to complete the sale until a deed of retirement of a trustee has been registered and a revised TP1 has been signed by the remaining trustees.

Can you advise how long it takes to process a deed of retirement please and if there are any options to expedite this?

Also, do we need to wait for the registration of the deed of retirement to complete before we are able to submit a revised TP1?

many thanks 

Any application to update the register re the trustees needs to be submitted and then expedited. If it is and it’s in order it can be completed generally within a couple of weeks, often sooner. 

Whether you can complete and when is for your conveyancer to answer. But if you have a mortgage then odds are it’s your lender’s decision and most likely a No until the seller’s title has been updated - you need to rely on the conveyancers here 

Benc744

Hi again Land Registry

We are awaiting a TR5 to be processed before we can complete on a house we are purchasing.

The TR5 relates to WK345525 and I understand that it has been expedited.  

Are you able to provide a status update please and estimate for when it is likely to be completed?

Many thanks for your help.