Land Registry questions

jpsid

Hello, I am completing Land Registry Form TR1 to change our property (no mortgage) ownership from joint names to my sole name following divorce. I am buying my ex out and would like to know what box to tick in Panel 8 Consideration.  As this is a transfer or equity and money is changing hands, as stated in our Financial Order, do I tick the box 1 "Transferor has received from the transferee for the property the following sum" and write in the amount as stated in our financial order OR do I tick box 3 "Insert other receipt as appropriate" and write something like "Pursuant to Consent Order dated ???? under ref ???? in ???? court and state the amount.

Can you also confirm that the transfer fee is under Scale 2 and we also need to submit forms AP1 and 2 x ID3 along with the TR1?.
Many thanks in advance.

Land_Registry

Jacklob said:

Hi,  can you advise me of the approximate current timescales for registering an unregistered property. Also is this best done whilst the current owner is still alive .i.e will it be far more complicated upon death when having to deal with estate. 

Roughly 14+ months wait for a first registration. If done now it’s a voluntary application so cheaper. If done after death it will be compulsory as executor needs to transfer it to beneficiary for example. 

JHLow

Hi @Land_Registry, may I know the change of ownership application for property title MAN327496 has been processed?

Land_Registry

JHLow said:

Hi @Land_Registry, may I know the change of ownership application for property title MAN327496 has been processed?

It hasn’t been yet but the transfer is protected. If there’s an urgency such as an onward sale the a request to expedite can be submitted 
https://www.gov.uk/guidance/request-an-expedite

Nellie15

Hi. I was hoping you could help clear a question up.  

It’s regards the 12 yr possessory title/ adverse possession.  We seem to have conflicting solutions.  

We applied for adverse possession with 12yrs evidence of use by the previous owner and us.  We received a possessory title with the date from our application - 12 yrs till we can upgrade the title. 

Our neighbours have the same issue they  have recently enquired and they have been informed that their title will-be back dated for 10 yrs so it can be reapplied as a full title in two yrs.  
Who is correct? 

Just don’t want to wait if it can be upgraded sooner.  

Do you take ownership of the land for 12 yrs them apply or apply asap ? 

Thanks 

Nellie15

Hi is the Land Registry no longer active on the forum 
? 

Thanks 

Land_Registry

Nellie15 said:

Hi is the Land Registry no longer active on the forum 
? 

Thanks 

Still here but we’ve not seen too many posts of late on this thread so apologies as missed your one 

Land_Registry

Nellie15 said:

Hi. I was hoping you could help clear a question up.  

It’s regards the 12 yr possessory title/ adverse possession.  We seem to have conflicting solutions.  

We applied for adverse possession with 12yrs evidence of use by the previous owner and us.  We received a possessory title with the date from our application - 12 yrs till we can upgrade the title. 

Our neighbours have the same issue they  have recently enquired and they have been informed that their title will-be back dated for 10 yrs so it can be reapplied as a full title in two yrs.  
Who is correct? 

Just don’t want to wait if it can be upgraded sooner.  

Do you take ownership of the land for 12 yrs them apply or apply asap ? 

Thanks 

There are different options when registering claims depending on the circumstances. So I imagine they applied based on a different set of circumstances 
See PG 5 for example which explains and how when and how the possession started impacts  https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land

Boneeeey

No disposition by the proprietors of the

       registered estate is to be registered unless one or more of them makes

       a statutory declaration or statement of truth, or their conveyancer

       gives a certificate, that the disposition is in accordance with trust

       deed dated 8 December 2017 made between [name] and

       [name] or some variation thereof referred to in the

       declaration, statement or certificate.

I have been asked “ Please confirm whether you hold a statement or certificate dated 8th December 2017?”
What does that mean? 

Thank you 

Land_Registry

Boneeeey said:

No disposition by the proprietors of the

       registered estate is to be registered unless one or more of them makes

       a statutory declaration or statement of truth, or their conveyancer

       gives a certificate, that the disposition is in accordance with trust

       deed dated 8 December 2017 made between [name] and

       [name] or some variation thereof referred to in the

       declaration, statement or certificate.

I have been asked “ Please confirm whether you hold a statement or certificate dated 8th December 2017?”
What does that mean? 

Thank you 

I suspect they really meant to ask if you’ve got the Trust Deed of that date. Or they’ve misread the restriction, which is self-explanatory. 

I guess the key Q is whose asked you and why?