Land Registry questions

*pinkie*

Removing Form B restriction after buying ex out
Me and my ex were tenants in common. Trust drawn up in my favour as I put down the deposit, him nothing.
I bought him out 18 months ago and I’m now selling the property but my new solicitor has pointed out the form b restriction on the title.
Previous solicitor never alerted me to this. To confirm I’m the sole proprietor on the title and the form a restriction appears to have been automatically removed after the TR1 transfer.

Question: can I remove the remaining restriction without his involvement? I have no idea where he is or how to get in touch. We agreed on a buy out amount that ensured my initial deposit was taken into account. Should the form b restriction have also been automatically removed?

Land_Registry

*pinkie* said:

Removing Form B restriction after buying ex out
Me and my ex were tenants in common. Trust drawn up in my favour as I put down the deposit, him nothing.
I bought him out 18 months ago and I’m now selling the property but my new solicitor has pointed out the form b restriction on the title.
Previous solicitor never alerted me to this. To confirm I’m the sole proprietor on the title and the form a restriction appears to have been automatically removed after the TR1 transfer.

Question: can I remove the remaining restriction without his involvement? I have no idea where he is or how to get in touch. We agreed on a buy out amount that ensured my initial deposit was taken into account. Should the form b restriction have also been automatically removed?

See PG 24 section 6 for guidance on how to apply to cancel a form B restriction 
https://www.gov.uk/government/publications/private-trusts-of-land
A form A restriction wouldn’t normally be removed automatically in the circumstances you describe. More would have been needed to cancel that and the same guidance followed. 

If you think we erred when registering the update re your transfer then you can contact us to investigate although if I’m right the above guidance would be signposted if no error occurred 
https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=2b31bc48-eb96-eb11-b1ac-002248413956

I’d suggest discussing further with your legal rep to see what’s the quickest way to resolve things 

*pinkie*

Great thanks, yes the form a cancellation didn’t make sense when I read the guidance.

Waiting to hear back from solicitor but trying to get clued up in advance to hopefully speed things up.

Land_Registry

*pinkie* said:

Great thanks, yes the form a cancellation didn’t make sense when I read the guidance.

Waiting to hear back from solicitor but trying to get clued up in advance to hopefully speed things up.

Happy to take a look from our end if you DM the title number? Not necessary if solicitor dealing with it as form B restrictions always require ‘more’ and aren’t generally auto-cancelled in my experience 

slackgarry

Land_Registry said:

slackgarry said:

Hello @Land_Registry Which "plan" do i need to see who owns the fence on my mothers property. Don't want to waste money on getting the wrong one.

Thanks for your help.

There’s no definitive answer re boundaries when it comes to registered information- it can help aid discussions and considerations but it very rarely defines such things unless of course neighbours agree. 

https://hmlandregistry.blog.gov.uk/2018/02/27/drawing-the-line-on-boundaries/

Thanks for that, But which plan would have this information on, If such information was lodged at the Land Registry.

Land_Registry

slackgarry said:

Land_Registry said:

slackgarry said:

Hello @Land_Registry Which "plan" do i need to see who owns the fence on my mothers property. Don't want to waste money on getting the wrong one.

Thanks for your help.

There’s no definitive answer re boundaries when it comes to registered information- it can help aid discussions and considerations but it very rarely defines such things unless of course neighbours agree. 

https://hmlandregistry.blog.gov.uk/2018/02/27/drawing-the-line-on-boundaries/

Thanks for that, But which plan would have this information on, If such information was lodged at the Land Registry.

You should start with the register and see if there’s any mention. Most don’t but even if ‘silent’ that’s still something to add to the mix with and discussions with the neighbour and your Mother 

Millsandovis

Land_Registry said:

Millsandovis said:

Hi @Land_Registry

Would you be able to tell me if you have had any response from the sellers conveyancers yet in regards to title AA55810 

if not I can/will chase them up! Thank you! 

No response as yet - sorry 

Hi @Land_Registry, the solicitors that you are waiting to hear from in regards to the above have told my conveyancer that they haven’t received any requisitions from yourselves. 

I’ve seen the email they’ve sent and they’ve attached what they have received and it’s just the letter from yourselves that starts with:

 ‘we have received your application and we aim to complete it as soon as possible.

We have been experiencing significant increases in the volume of registration applications.’ Etc 

What happens from here? Can you resend the requisitions or should they contact you? Seems like a bit of a log jam.

I have received the name of the solicitors and it definitely matches who you are dealing with. 

They said they received the letter acknowledging their application dated the 14th May on the 3rd June. Would I be able to forward you their email contact details via DM if needed? 

Thanks in advance! 

Land_Registry

Millsandovis said:

Land_Registry said:

Millsandovis said:

Hi @Land_Registry

Would you be able to tell me if you have had any response from the sellers conveyancers yet in regards to title AA55810 

if not I can/will chase them up! Thank you! 

No response as yet - sorry 

Hi @Land_Registry, the solicitors that you are waiting to hear from in regards to the above have told my conveyancer that they haven’t received any requisitions from yourselves. 

I’ve seen the email they’ve sent and they’ve attached what they have received and it’s just the letter from yourselves that starts with:

 ‘we have received your application and we aim to complete it as soon as possible.

We have been experiencing significant increases in the volume of registration applications.’ Etc 

What happens from here? Can you resend the requisitions or should they contact you? Seems like a bit of a log jam.

I have received the name of the solicitors and it definitely matches who you are dealing with. 

They said they received the letter acknowledging their application dated the 14th May on the 3rd June. Would I be able to forward you their email contact details via DM if needed? 

Thanks in advance! 

They can get in touch. If they use our secure portal then they should also be able to see the request issued. They need to do the first or both. 

I’ll ask the casework team to check and reissue as well. 

Millsandovis

Land_Registry said:

Millsandovis said:

Land_Registry said:

Millsandovis said:

Hi @Land_Registry

Would you be able to tell me if you have had any response from the sellers conveyancers yet in regards to title AA55810 

if not I can/will chase them up! Thank you! 

No response as yet - sorry 

Hi @Land_Registry, the solicitors that you are waiting to hear from in regards to the above have told my conveyancer that they haven’t received any requisitions from yourselves. 

I’ve seen the email they’ve sent and they’ve attached what they have received and it’s just the letter from yourselves that starts with:

 ‘we have received your application and we aim to complete it as soon as possible.

We have been experiencing significant increases in the volume of registration applications.’ Etc 

What happens from here? Can you resend the requisitions or should they contact you? Seems like a bit of a log jam.

I have received the name of the solicitors and it definitely matches who you are dealing with. 

They said they received the letter acknowledging their application dated the 14th May on the 3rd June. Would I be able to forward you their email contact details via DM if needed? 

Thanks in advance! 

They can get in touch. If they use our secure portal then they should also be able to see the request issued. They need to do the first or both. 

I’ll ask the casework team to check and reissue as well. 

Thank you very much! I will relay this to my conveyancer for him to let them know they can find out via the portal or get in touch with you. 

Also emailed about this earlier as I completely forgot MSE was a quicker avenue for reply so apologies if you personally end up reading the same email tomorrow! 

Cheers as always.  

Land_Registry

Millsandovis said:

Land_Registry said:

Millsandovis said:

Land_Registry said:

Millsandovis said:

Hi @Land_Registry

Would you be able to tell me if you have had any response from the sellers conveyancers yet in regards to title AA55810 

if not I can/will chase them up! Thank you! 

No response as yet - sorry 

Hi @Land_Registry, the solicitors that you are waiting to hear from in regards to the above have told my conveyancer that they haven’t received any requisitions from yourselves. 

I’ve seen the email they’ve sent and they’ve attached what they have received and it’s just the letter from yourselves that starts with:

 ‘we have received your application and we aim to complete it as soon as possible.

We have been experiencing significant increases in the volume of registration applications.’ Etc 

What happens from here? Can you resend the requisitions or should they contact you? Seems like a bit of a log jam.

I have received the name of the solicitors and it definitely matches who you are dealing with. 

They said they received the letter acknowledging their application dated the 14th May on the 3rd June. Would I be able to forward you their email contact details via DM if needed? 

Thanks in advance! 

They can get in touch. If they use our secure portal then they should also be able to see the request issued. They need to do the first or both. 

I’ll ask the casework team to check and reissue as well. 

Thank you very much! I will relay this to my conveyancer for him to let them know they can find out via the portal or get in touch with you. 

Also emailed about this earlier as I completely forgot MSE was a quicker avenue for reply so apologies if you personally end up reading the same email tomorrow! 

Cheers as always.  

We have emailed the named person on the application who is the same person who contacted us on 5th June from the conveyancing firm. That person is a 'she' so they may need to connect with the 'him' you refer to. But as they use our secure portal I am sure they will both be in the know