Land Registry questions

Land_Registry

Burns1702 wrote: »

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.

Burns1702 the Notice protects the spouse's interest. Not the seller's. That's the main point here. The spouse has rights to live in the matrimonial home when their partner is the sole legal owner and they don't just disappear because the partner sells up and moves on - bit rubbish and pointless rights if that were possible legally. Possible in registration terms if someone buys it though.

If the current owner, your seller, bought it with a mortgage then I'm afraid someone else also missed the point. Their solicitor/lender should have noticed it and tied it off re the spouse's rights ending through divorce or a letter from the spouse releasing their rights for example.

We didn't miss the point then or now but hopefully your solicitor, by working back through the seller now can resolve it. There are options as explained but the positive thing here, just a small one mind, is that your solicitor/lender didn't miss the point.

And we couldn't then, or now, just remove the notice of the spouse's rights without evidence to show they were no more.

Do let us know how it plays out as we do care and it will be useful to others on MSE who may encounter such issues themselves, even though 12 years later is a very extreme example in my experience

Ps - have you done a www search for the named spouse/their address? And maybe check GOV.UK re deaths just in case also? Not being morbid but a lot can happen in 12 years and another reason, instead of divorce, is the spouse's death as their rights die with them.
And what's the title number? Happy to take a look if wanted

Lamby76

Land_Registry wrote: »

Many thanks - enquiry received 5th June. Paper files are needed to check what details we have to facilitate a reply. Hopefully that will be this week so we will have to hang on to see what that reply states

Hi there Lovely Land Registry,
Just wondering if you would be so kind as to check as to whether a reply has been sent to my solicitor, as predicted my buyer is starting to look elsewhere "in case" this sale take too long.
Much appreciated

Tink_x

the house we are buying has a title of good. Solicitors have applied twice to upgrade this to absolute but it has been rejected both times - not sure why.
My question is - if a house remains “good” does this mean the freehold cannot be purchase? Does the title have to be absolute to legally be allowed to buy the freehold?

Land_Registry

Lamby76 wrote: »

Hi there Lovely Land Registry,
Just wondering if you would be so kind as to check as to whether a reply has been sent to my solicitor, as predicted my buyer is starting to look elsewhere "in case" this sale take too long.
Much appreciated

We replied by email on 13th June

Land_Registry

Tink_x wrote: »

the house we are buying has a title of good. Solicitors have applied twice to upgrade this to absolute but it has been rejected both times - not sure why.
My question is - if a house remains “good” does this mean the freehold cannot be purchase? Does the title have to be absolute to legally be allowed to buy the freehold?

Tink_x It will be a Good Leasehold title which is normally granted where it is unclear as the time as to the landlord's ability to have granted the lease e.g. insufficient evidence to prove they own the land/property so we can't guarantee the lease

That in itself does not mean the freehold cannot be purchased but by definition how do you buy something that cannot be proven?

I suspect the Q being asked needs more context re why the upgrade was refused. Understanding how the freehold is registered and/or who owns it then impacts on your ability to buy. And how the law views things.

I don't think you should be linking the refusal to upgrade with whether you can buy the freehold at this stage. The wider Q of who owns it and how the law views your own title need to be answered and considered .

Lamby76

Land_Registry wrote: »

We replied by email on 13th June

Thanks Land Registry, I have spoken to my solicitors assistant who informs that they are waiting for further information from yourselves which they are expecting either today or Monday. I am rapidly becoming confused by this situation and would appreciate any update as to when this further information may become available?
Many Thanks:D

Niv

I sold my house approx. 20months ago and purchased another house. When I look up sold prices i find my current house on there but my previous house still has my purchase of it from ~15years ago as the most recent transaction. Should this be of concern to me at all?

Land_Registry

Lamby76 wrote: »

Thanks Land Registry, I have spoken to my solicitors assistant who informs that they are waiting for further information from yourselves which they are expecting either today or Monday. I am rapidly becoming confused by this situation and would appreciate any update as to when this further information may become available?
Many Thanks:D

They've obviously spoken to someone then since although unsure what they have asked for. I'll check again Monday to see if any movement but your solicitor should be able to explain in more detail if they've replied to our email - any reason why not?

Land_Registry

Niv wrote: »

I sold my house approx. 20months ago and purchased another house. When I look up sold prices i find my current house on there but my previous house still has my purchase of it from ~15years ago as the most recent transaction. Should this be of concern to me at all?

No but if you want to report it as a possible missing record then you can

Niv

Land_Registry wrote: »

No but if you want to report it as a possible missing record then you can

Many thanks