Land Registry questions

Land_Registry

art_girly said:

Land_Registry said:

art_girly said:

Land_Registry said:

art_girly said:

Hi @Land_Registry
We're buying a house that is vacant, probate property. We are also selling our current property to first time buyers, all straightforward or so we thought. Offers accepted back in May, mortgage offer issued......and then delays started.

The land/house we're buying has been in the same ownership since the 40s and is unregistered. On top of this, the boundary was altered in the 1980s (2 storey side extension) and the boundary was altered at the same time, informal agreement with the neighbours (who are the deceased's family).

We've been informed that the house will be registered with LR upon sale, fair enough, fairly standard as I understand. However, the boundary agreement has to be formalised / registered before this. We're being told this could take 'weeks' - finding it very hard to get any accurate info on what is involved, timescale, etc. Our solicitor advised that the application can be expedited due to sale being in progress - which we have requested. But still silence....

We had hoped originally to move by end of August.... are we living in cloud cuckoo land? What sort of timescale might we be looking at? 

Thanks.

That's a tricky one to answer as the post contains contradictory information as I'm unclear as to how you can complete on the purchase and then register but not do the same re any boundary agreement?
Registering on sale for the first time isn't 'fairly standard' if you are buying with a mortgage but if that's the case then excellent.
So how are you going to register a boundary agreement against an unregistered title/property? 
Whose the agreement between? And how is it going to resolve the actual position of the legal boundary as it reads as if the 2 storey extension impacted significantly on the boundary as shown by the unregistered deeds? If so a boundary agreement would rarely resolve such matters but again, excellent if it has but that then leads me back to the original Q.
None of that is intended to challenge anything but mainly aimed at some extra clarity around what's happening here and what, if any, application has actually been submitted.
A very general answer would be that any application to register a boundary agreement would wait several months currently before being processed. You can request expedition as there's a dependent sale so reduce that wait time to around 2-3 weeks. But then you hit the first Q as it could only be registered against the one title/property
I understand reaching out for some reassurance on this forum but these are all Qs your conveyancer should be covering for you as to what the actual position is and what's needed before you can complete on the sale/purchase. Once they have lodged an application the timescales I mention can click in

Hi, and thank you for your reply. I'm really struggling to get any clear answers about the exact situation, either via our own solicitor or the seller's solicitor (via the EA). There is a distinct lack of clarity from the seller's solicitor - for example, we were told probate had been granted but, in fact, it had not and we were only informed 6 weeks into the process. 

I'm really glad you have mentioned that it's impossible to register a boundary change if the property isn't itself registered - this hadn't occurred to me but makes perfect sense. So I guess I need clarification on whether the whole property, and boundary change, is being registered before sale - which I'm aware can take months, but be expedited (we have asked about this already). Or, is it possible that the neighbour could be update their boundary, and ours could then be submitted as part of the 'register upon sale'? 

Just for clarity, we were told that registering a property for the first time is often 'triggered' by a sale so I was just going on that information.The extension 'kinks' the boundary slightly, as the footprint exceeds the former boundary. I assume it was done to allow room for a full sized attached garage, and since the neighbours are family it was informally agreed. The way it was explained to us was that the boundary change needed to be formalised, I think they used the term 'land transfer' - but as you say, the property its being transferred to isn't registered?

It's possible but it reads as if the 'kink' is significant and if so I would expect that either the neighbour transfers the bit of land lost (seems to be what might be happening as you mention a transfer) or the seller applies to register the property and claims ownership of the kink. The latter is perhaps less likely as it's a probate sale and they may not have all the facts and/or if the neighbour agreed to them taking some of their land then the claim fails.
And you are right that a sale/purchase triggers the need to register for the first time - my point was that in my experience, especially if you are buying with a mortgage, then your conveyancer/lender insist on it being registered first and all sorted before you complete.
Bottom line is only your conveyancer can clarify matters for you and explain when you might be able to complete 

Thanks again. The piece of land is maybe 3m at its longest by 1m widest where the extension 'protrudes'over the original boundary onto the neighbours' land.

The solicitor's words:

"In relation to the piece of land which is being transferred at the Land Registry, this piece of land currently falls within the boundaries of the neighbouring property, whose land is registered at the Land Registry. This piece of land is to be transferred to the sellers of XXXX and then will be sold to you along with the unregistered land upon which belongs to XXXX within the deeds."

So I guess my only real question then, is can a transfer application like this be expedited because a sale is in progress? We have asked for a request to be made but we've no guarantee it'll be granted? Our buyers have, so far, been understanding but it's increasingly tricky to update them when nothing seems to be moving forward and I don't have a timescale - and neither solicitor will comment on one either.

Big enough to be noticed so a transfer option taken and yes, once submitted they can then request expedition 
Your "quote" says "is to be transferred" so assume they have yet to lodge the application. 
Ask them to confirm the title number and case reference once submitted

georgia1993

I bought my ex boyfriend out of our house and  completed on 2nd August. I signed up to property alerts from the HM Land Register and received the below. 

My ex boyfriend has debt and I think a solicitor is trying to register a charging order on the 6th August ? . My solicitor done a check on 30 July and no pending charges showed up.

How can someone try to register a charge after completion and when the previous co owner has received their equity and no longer has any interest to the property.

Land_Registry

georgia1993 said:

I bought my ex boyfriend out of our house and  completed on 2nd August. I signed up to property alerts from the HM Land Register and received the below. 

My ex boyfriend has debt and I think a solicitor is trying to register a charging order on the 6th August ? . My solicitor done a check on 30 July and no pending charges showed up.

How can someone try to register a charge after completion and when the previous co owner has received their equity and no longer has any interest to the property.

The 'alert' explains what type of application this is - an official search. So that's not a charging order/charge but an official search to protect a future application to register a legal charge an din this case in favour of Nat West.
So the first thing to ask yourself is do you have any connection to Nat West currently, for example in buying out your ex are you perhaps remortgaging whilst transferring the title from your joint names to just you?
If not, and no connection, then if you completed on your transfer on 2nd August what has your conveyancer done to protect that transfer - have they not applied for an official search themselves?
Important to also note that you can't protect a charging order by way of an official search so if there's a link between the two then it's flawed.
So if the official search is not connected to you and your own transactions then ask your conveyancer to submit your own official search (OS1) to protect your transfer and/or lodge the application to register the transfer.

georgia1993

Land_Registry said:

georgia1993 said:

I bought my ex boyfriend out of our house and  completed on 2nd August. I signed up to property alerts from the HM Land Register and received the below. 

My ex boyfriend has debt and I think a solicitor is trying to register a charging order on the 6th August ? . My solicitor done a check on 30 July and no pending charges showed up.

How can someone try to register a charge after completion and when the previous co owner has received their equity and no longer has any interest to the property.

The 'alert' explains what type of application this is - an official search. So that's not a charging order/charge but an official search to protect a future application to register a legal charge an din this case in favour of Nat West.
So the first thing to ask yourself is do you have any connection to Nat West currently, for example in buying out your ex are you perhaps remortgaging whilst transferring the title from your joint names to just you?
If not, and no connection, then if you completed on your transfer on 2nd August what has your conveyancer done to protect that transfer - have they not applied for an official search themselves?
Important to also note that you can't protect a charging order by way of an official search so if there's a link between the two then it's flawed.
So if the official search is not connected to you and your own transactions then ask your conveyancer to submit your own official search (OS1) to protect your transfer and/or lodge the application to register the transfer.

The official search by ONP is my conveyancer and I’ve just remortgaged with NatWest, buying my ex out. It’s the “JEFFERIES” that is the third party solicitor trying to lodge an application 

Land_Registry

georgia1993 said:

Land_Registry said:

georgia1993 said:

I bought my ex boyfriend out of our house and  completed on 2nd August. I signed up to property alerts from the HM Land Register and received the below. 

My ex boyfriend has debt and I think a solicitor is trying to register a charging order on the 6th August ? . My solicitor done a check on 30 July and no pending charges showed up.

How can someone try to register a charge after completion and when the previous co owner has received their equity and no longer has any interest to the property.

The 'alert' explains what type of application this is - an official search. So that's not a charging order/charge but an official search to protect a future application to register a legal charge an din this case in favour of Nat West.
So the first thing to ask yourself is do you have any connection to Nat West currently, for example in buying out your ex are you perhaps remortgaging whilst transferring the title from your joint names to just you?
If not, and no connection, then if you completed on your transfer on 2nd August what has your conveyancer done to protect that transfer - have they not applied for an official search themselves?
Important to also note that you can't protect a charging order by way of an official search so if there's a link between the two then it's flawed.
So if the official search is not connected to you and your own transactions then ask your conveyancer to submit your own official search (OS1) to protect your transfer and/or lodge the application to register the transfer.

The official search by ONP is my conveyancer and I’ve just remortgaged with NatWest, buying my ex out. It’s the “JEFFERIES” that is the third party solicitor trying to lodge an application 

Ok - so the Official Search is the one you know about. And that OS1 provides you, ONP and NatWest with a priority window within which to complete the transfer plus your remortgage. 
But you have no idea who Jefferies Essex act for and their reference offers no clue re a name for example?
If that's the case then you can try calling them and/or notify ONP and see what they can advise re not just that application but also will the transfer/remortgage complete within the OS1 priority period. 

georgia1993

Land_Registry said:

georgia1993 said:

Land_Registry said:

georgia1993 said:

I bought my ex boyfriend out of our house and  completed on 2nd August. I signed up to property alerts from the HM Land Register and received the below. 

My ex boyfriend has debt and I think a solicitor is trying to register a charging order on the 6th August ? . My solicitor done a check on 30 July and no pending charges showed up.

How can someone try to register a charge after completion and when the previous co owner has received their equity and no longer has any interest to the property.

The 'alert' explains what type of application this is - an official search. So that's not a charging order/charge but an official search to protect a future application to register a legal charge an din this case in favour of Nat West.
So the first thing to ask yourself is do you have any connection to Nat West currently, for example in buying out your ex are you perhaps remortgaging whilst transferring the title from your joint names to just you?
If not, and no connection, then if you completed on your transfer on 2nd August what has your conveyancer done to protect that transfer - have they not applied for an official search themselves?
Important to also note that you can't protect a charging order by way of an official search so if there's a link between the two then it's flawed.
So if the official search is not connected to you and your own transactions then ask your conveyancer to submit your own official search (OS1) to protect your transfer and/or lodge the application to register the transfer.

The official search by ONP is my conveyancer and I’ve just remortgaged with NatWest, buying my ex out. It’s the “JEFFERIES” that is the third party solicitor trying to lodge an application 

Ok - so the Official Search is the one you know about. And that OS1 provides you, ONP and NatWest with a priority window within which to complete the transfer plus your remortgage. 
But you have no idea who Jefferies Essex act for and their reference offers no clue re a name for example?
If that's the case then you can try calling them and/or notify ONP and see what they can advise re not just that application but also will the transfer/remortgage complete within the OS1 priority period. 

Land_Registry said:

georgia1993 said:

Land_Registry said:

georgia1993 said:

I bought my ex boyfriend out of our house and  completed on 2nd August. I signed up to property alerts from the HM Land Register and received the below. 

My ex boyfriend has debt and I think a solicitor is trying to register a charging order on the 6th August ? . My solicitor done a check on 30 July and no pending charges showed up.

How can someone try to register a charge after completion and when the previous co owner has received their equity and no longer has any interest to the property.

The 'alert' explains what type of application this is - an official search. So that's not a charging order/charge but an official search to protect a future application to register a legal charge an din this case in favour of Nat West.
So the first thing to ask yourself is do you have any connection to Nat West currently, for example in buying out your ex are you perhaps remortgaging whilst transferring the title from your joint names to just you?
If not, and no connection, then if you completed on your transfer on 2nd August what has your conveyancer done to protect that transfer - have they not applied for an official search themselves?
Important to also note that you can't protect a charging order by way of an official search so if there's a link between the two then it's flawed.
So if the official search is not connected to you and your own transactions then ask your conveyancer to submit your own official search (OS1) to protect your transfer and/or lodge the application to register the transfer.

The official search by ONP is my conveyancer and I’ve just remortgaged with NatWest, buying my ex out. It’s the “JEFFERIES” that is the third party solicitor trying to lodge an application 

Ok - so the Official Search is the one you know about. And that OS1 provides you, ONP and NatWest with a priority window within which to complete the transfer plus your remortgage. 
But you have no idea who Jefferies Essex act for and their reference offers no clue re a name for example?
If that's the case then you can try calling them and/or notify ONP and see what they can advise re not just that application but also will the transfer/remortgage complete within the OS1 priority period. 

JEFFERIES are the solicitors who is trying to recover debt by placing a charge for my ex partner on the house we once jointly owned , but he no longer owns the house as of 2nd August 

My solicitors ONP now know about this 

Southend_2

Land_Registry said:

Southend_2 said:

user1977 said:

Is it not simply the registration date (which is invariably after completion)?

No idea! It's taken almost a year to update so why they picked a date six days after completion I have no idea. But it says transaction date on their data feed thing. I just downloaded the title register for £3 and it is correct on there.

The transaction date and date of the transfer should be the same. The registration date is the date on which the application is submitted/received so not relevant to either.
Simply report the error using the link provided and the support team can correct it as appropriate
As user1977 suggests it's not massively important but as you have spotted it then you might as well report it

Just to update that I've had a reply from the support team confirming the error will be corrected in the next data release. Thanks for providing the link to the form. 

Coffeeplz

I am about to buy a property and I don’t want my exhusband to know where I live. We do not have a court order against molestation, as I have divorced in a different country. Would this be sufficient for application for exemption of information for privacy reasons? 

Land_Registry

Coffeeplz said:

I am about to buy a property and I don’t want my exhusband to know where I live. We do not have a court order against molestation, as I have divorced in a different country. Would this be sufficient for application for exemption of information for privacy reasons? 

No - your name must appear of you are purchasing as a legal owner. However if you don;t want your home address shown then you should consider alternatives such as a care of address

Chapstick94

Hi wondering if anyone knows how long Land registry is taking currently with expediting? We purchased a property in early July however the seller we bought from only purchased the house back in February this year so the property wasn’t transferred to them. They expedited the application on the 8th of July and were questioned with requisitions a few days later. Now to the best of my knowledge they have answered these on the beginning of September as they were simply waiting for some paperwork from the previous sellers (local council) Solicitors. If this was sent to Land registry on 11th of September how much longer will it take to register the property to our seller? We’re desperate to move in as we had a baby in mid June and have a 5 year old also in a very small 2 bed house so we are slowly running out of room here as we cannot fit a cot anywhere and our babies bedside crib he has nearly outgrown. There is no onward chain and our buyer is FTB so we were hoping it would be completed by now. Any advice is much appreciated, thank you.