Land Registry questions

Land_Registry

Jo-jo wrote: »

My husband is in the process of transferring his father's house into his name with the land registry. He has some queries with the AP1 form.

Please can you tell me who the transferor is? Is it his deceased father?

Also, what documents does he need to send, is it just the probate certificate?

The guide to completing the AP1 needs some work, as it leaves unanswered questions.

Thank you

As his father, presumably the sole but deceased owner, then the Transferor would be the executor named in the probate

It would be forms AP1, AS1 and ID1 (if needed) and an official copy of the probate

Have you read our short guide?
And what are the shortcomings of the guidance on how to complete form AP1?

Jo-jo

Thank you, that is helpful.

The shortcomings are, that not enough scenarios are covered, especially re the transfer of property on death. There is no list of documents to send in for transfer on death. It's just not a very clear video or guide that are posted on the .gov website.

[Deleted User]

Title AGL443621 App ref JA6C4E5
Hi, hoping somebody at HMLR could update me on the status of this application, has it been approved, is further info needed etc.. Was given expedite status on 30 May 2018 but my buyers solicitors are still not able to download office copies. Many thanks. Mary Fox

Land_Registry

Jo-jo wrote: »

Thank you, that is helpful.

The shortcomings are, that not enough scenarios are covered, especially re the transfer of property on death. There is no list of documents to send in for transfer on death. It's just not a very clear video or guide that are posted on the .gov website.

Many thanks - the AP1 is a generic form for the vast majority of applications submitted affecting already registered land. For more details in transfers in any scenario you will need to search for the subject involved e.g death, transfer of ownership etc. The video is aimed at completing the form AP1 so you will always need to look at other guidance for wider info on the transaction itself.

The short guide is specific to what happens next following a death

Land_Registry

strictlyme wrote: »

Title AGL443621 App ref JA6C4E5
Hi, hoping somebody at HMLR could update me on the status of this application, has it been approved, is further info needed etc.. Was given expedite status on 30 May 2018 but my buyers solicitors are still not able to download office copies. Many thanks. Mary Fox

We are waiting for a reply from the solicitor to provide more details

[Deleted User]

Land_Registry wrote: »

We are waiting for a reply from the solicitor to provide more details

Thank you so much for your quick reply. I chased the solicitors today and they advised they are making a small amendment on a plan which they will then return to you so you can complete this. Hope you dont mind if I check in again with you at the end of the week to make sure you received their reply.
Many thanks again.

Burns1702

Land_Registry wrote: »

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

Hi Thank you for that and sorry for my frustrations
Things have taken an unsavoury turn, the reason why we can't trace the people without going into detail is because they're in police protection.
Our only hope now looks like it will be the courts and hope they got divorced and we can get a copy of the decree absolute, if not our seller is stuck in the situation that they can't sell their house

Land_Registry

Burns1702 wrote: »

Hi Thank you for that and sorry for my frustrations
Things have taken an unsavoury turn, the reason why we can't trace the people without going into detail is because they're in police protection.
Our only hope now looks like it will be the courts and hope they got divorced and we can get a copy of the decree absolute, if not our seller is stuck in the situation that they can't sell their house

Understood and I'm sorry that you have encountered such an unusual and difficult situation.

The court route may come up trumps provided the details re witness protection have not impacted there also.

[Deleted User]

strictlyme wrote: »

Thank you so much for your quick reply. I chased the solicitors today and they advised they are making a small amendment on a plan which they will then return to you so you can complete this. Hope you dont mind if I check in again with you at the end of the week to make sure you received their reply.
Many thanks again.

strictlyme wrote: »

Title AGL443621 App ref JA6C4E5
Hi, hoping somebody at HMLR could update me on the status of this application, has it been approved, is further info needed etc.. Was given expedite status on 30 May 2018 but my buyers solicitors are still not able to download office copies. Many thanks. Mary Fox

Hello, sorry to trouble you again. Could you confirm that you have received a reply from the solicitor and that the application is now in order. Also do you have a rough idea of when this is likely to be registered and available for download by my buyer's lender. Many thanks for your help.

subcapsular

Hi, I really hope you can advise on best and quickest way to move forward.
we have just had an offer accepted on our property. Some 18 years ago we decided to square of our gardens with our neighbour as both were oddly shaped and it made cosmetic sense.

Both me and my neighbour have great relationship and we built a wall across our new agreed boundary. The exchange of land was minute approximately 1.5 square metre each.

The way the wall was built and squared of meant neither property lost any land as what was lost on one side was gained elsewhere (hope this makes sense)!

Now we have come to sell and looking at the land registry it has the old misshapen line and we would like to get this altered as quickly and efficiently as possible.

We have a property we have found and the buyer is happy to exchange contracts but would like the boundary sorted before hand.

There is no dispute and neighbour has agreed to put in writing etc.

Spoke to solicitor who has said the amendment with land registry can take ages and this will affect both my buyer and my future sale?

What is the quickest way to resolve this? I have a small mortgage on the property due to be clears once property sold. It’s less then 10 percent of property value and the land exchange will have no bearing on value of property?

Can the process be sped up or expedited in any way?