Land Registry questions

Lamby76

Land_Registry wrote: »

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?[/QUOTE
Thanks again, apparently my solicitor is on holiday until Monday and Ive been told by them that its too complex to explain/understand, presumably for a mere mortal!
All I really know is that something happened or didnt happen in 2006 when I bought the house., Some confusion over missing or contradictory pieces of legal paper and as a result I am told I have a defective title and my buyer is currently looking at buying different property. Oh well....

Burns1702

Land_Registry wrote: »

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

Hi
Just had an update from the sellers solicitors they can't trace either person, they used to live local but have moved away, they are going to apply to the county courts to get a copy of the decree absolute, would this suffice
This is so frustrating, how can someone be in a situation where they can't sell their property, I still think when the house changed ownership the Land Registry has a duty to inform the purchaser of this hold on the property. It shouldn't come to light only when they try to sell it.

missem_1

Hi

Back in 2010 I bought a leasehold property in Pontefract, when I bought the property I was on the understanding that because the property was leasehold I do not own the land and also there is a shared access path at the back for all the 3 houses have access to and everybody puts their bins in this area.

Well today I have been home to find that my snooty next door neighbour who think she owns the entire street has decided that I am not allowed to put my bins in the shared access area and that I have to put them in my garden. I have checked my documents and on my land registry plan it shows that the path is in blue and it is a shared access pathway. According to my neighbour her plans show that her boundary line includes that access area so therefore she has every right to move my bins to put hers there. Petty really?!!!!!

Have you any advice on this please??? I have told her until she buys the freehold she doesn't even own the land so my bins are staying put!!

G_M

missem_1 wrote: »

...... According to my neighbour her plans show that her boundary line includes that access area so therefore she has every right to move my bins to put hers there.

Have a look yourself at her Title documemt and Plan. £3 each here.


Also look to see if the path itself is registered and if so who owns it. Map Enquiry here.

Land_Registry

missem_1 wrote: »

Hi

Back in 2010 I bought a leasehold property in Pontefract, when I bought the property I was on the understanding that because the property was leasehold I do not own the land and also there is a shared access path at the back for all the 3 houses have access to and everybody puts their bins in this area.

Well today I have been home to find that my snooty next door neighbour who think she owns the entire street has decided that I am not allowed to put my bins in the shared access area and that I have to put them in my garden. I have checked my documents and on my land registry plan it shows that the path is in blue and it is a shared access pathway. According to my neighbour her plans show that her boundary line includes that access area so therefore she has every right to move my bins to put hers there. Petty really?!!!!!

Have you any advice on this please??? I have told her until she buys the freehold she doesn't even own the land so my bins are staying put!!

missem_1 I assume your title refers to a right of access over the blue. And that's it.
Her leasehold title includes the path and presumably is subject to the rights of access - if so it's worth looking at her title and presumably lease as G_M posts

You've probably then git to equate what rights you then each have as putting the bins out isn't a right of access. And if she has Leasehold ownership she may have more rights than you although bins going in and out for collection may not really impinge in the rights if access provided they aren't permanent

I'm not too sure nit owning the freehold will come into it if she has a lease inc the path. And I know Yorkshire titles can be interesting ones re leases and who actually owns the freehold but that may be irrelevant in this context.

One to then get local legal advice on once details checked

vet8

Land Registry,

We are having real trouble getting a phone line installed as BT say they have to dig up the road to put in the cable and as the road is unadopted, they insist on getting written consent from the road owner. No one knows who the owner is, it was originally owned by the company who built the first houses 100 years ago but they have long gone.

I have tried a Land Registry search, but it asks for an address and will not just accept a road name. How can I do it.?

Thanks

Slithery

The answer is literally 2 posts above yours...
Map Enquiry here

Land_Registry

vet8 wrote: »

Land Registry,

We are having real trouble getting a phone line installed as BT say they have to dig up the road to put in the cable and as the road is unadopted, they insist on getting written consent from the road owner. No one knows who the owner is, it was originally owned by the company who built the first houses 100 years ago but they have long gone.

I have tried a Land Registry search, but it asks for an address and will not just accept a road name. How can I do it.?

Thanks

As Slithery posts you can search fir land/road iwnership online as well but it will only reveal information on registered land. Still worth checking.

Odds are it may be unregistered as that long ago builders sold off the plots but nit the roads. So they tend to stay in their ownership. Nowadays they often transfer the ownership to the council

So if it's unregistered odds are it's still the builder's. Maybe worth asking the utility company what they do in such cases - it must happen a fair bit?

vet8

I guess it is not registered, as I have tried several times to do a search for the road and nothing comes up. Interestingly enough our new house does not either.

Land_Registry

Burns1702 wrote: »

Hi
Just had an update from the sellers solicitors they can't trace either person, they used to live local but have moved away, they are going to apply to the county courts to get a copy of the decree absolute, would this suffice
This is so frustrating, how can someone be in a situation where they can't sell their property, I still think when the house changed ownership the Land Registry has a duty to inform the purchaser of this hold on the property. It shouldn't come to light only when they try to sell it.

If you can show that they are divorced, so supply a decree absolute as mentioned earlier, then that should be enough.

As far as informing the purchaser is concerned they are by virtue of the fact you check the registered details both before contracts and again prior to exchange/completion.

Three key things you are expected to check are 1. The seller owns it; 2. What interests are protected on the register and how will they be cleared; and 3. Does the registered extent match the reality in the ground

I'm unclear as to how you still think we are to blame when the purchaser/their conveyancer failed to do number 2 all those years ago. And did the solicitor suggest checking for the decree absolute after the previous owner could not be traced?

Hope you get a copy of the decree absolute and are able to get the interest removed