Land Registry questions

LGunn

Hi,
I have been in the process of buying a shared ownership property for a year. We’ve had to get a lease extension and my solicitor wanted it expediting with lbs registry before completing.

The application to LR was made and expedited 2 weeks ago. We’ve heard back that there is a delay as the land the property is on has had new builds added a few years ago so that application needs dealing with first before mine. 

How long roughly do you think I’ll be waiting for all of this? I know it’s hard to say.

(Removed by Forum Team)

Land_Registry

LGunn said:

Hi,
I have been in the process of buying a shared ownership property for a year. We’ve had to get a lease extension and my solicitor wanted it expediting with lbs registry before completing.

The application to LR was made and expedited 2 weeks ago. We’ve heard back that there is a delay as the land the property is on has had new builds added a few years ago so that application needs dealing with first before mine. 

How long roughly do you think I’ll be waiting for all of this? I know it’s hard to say.

(Removed by Forum Team)

You DM'd as well so have replied there

mj1

Questions on Deed of Variation of Easement between two properties.

Hi I am trying to find the right fee to pay to register a Deed of Variation for an Easement. 

It looks like I should fill in form AP1 but I can't find the Fee for this action. 

The property is between the £200k to £500k band. Is it just the straight forward £330 postal fee?

Land_Registry

mj1 said:

Questions on Deed of Variation of Easement between two properties.

Hi I am trying to find the right fee to pay to register a Deed of Variation for an Easement. 

It looks like I should fill in form AP1 but I can't find the Fee for this action. 

The property is between the £200k to £500k band. Is it just the straight forward £330 postal fee?

The fee is £40 to apply to register a deed of variation of an easement
The fees you are referring to are Scale 1 fees applied to for example a sale/purchase of a property, which this is not

fistfulofsteel

My partner wants me to buy their ex out of their jointly owned home. They are currently joint tenants. We've agreed I'll pay the ex half the house value and become new joint tenant with my partner. The house is worth less than £250,000 so I think that means no stamp duty? I don't need a mortgage and we all know and trust each other. Do we need a conveyancer and if not which forms do we need to fill in ourselves?

jazzyja

So I’m in abit of a pickle….we’re only 9 weeks into conveyancing and my buyer is being really pushy and wanting to move in within the next 3 weeks. 

Issue is my onward purchase is having issues with the title deeds (and their solicitors are painfully slow). 

They bought the freehold and leasehold together in 2015 (using the same solicitors they are using now) and the solicitor failed to register the leasehold and only the freehold title is registered. My solicitor states this wouldn’t be a problem but the freehold states that it is “subject to a leasehold” so therefore the leasehold needs to also be registered and there be 2 separate title numbers.

Now I am stressed out of my mind. Everything is back from both parties only this outstanding. Please could anyone provide me any positivity, if any, that this can be sorted in a timely manner? 😭 my sol has asked them to do an expedited application to the LR so I’m hoping and praying it won’t take too long and that my buyer doesn’t pull out. Is there any other possible way we can still proceed? Thanks 

Land_Registry

fistfulofsteel said:

My partner wants me to buy their ex out of their jointly owned home. They are currently joint tenants. We've agreed I'll pay the ex half the house value and become new joint tenant with my partner. The house is worth less than £250,000 so I think that means no stamp duty? I don't need a mortgage and we all know and trust each other. Do we need a conveyancer and if not which forms do we need to fill in ourselves?

Our online guidance explains how the two of them can transfer to the two of you - Registering land or property with HM Land Registry: Change the registered owner name - GOV.UK
Contact HMRC re stamp duty requirements 

You don't have to use a conveyancer but land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation. Before making an application without legal representation, it is important to consider the benefits of using a conveyancer.

Land_Registry

jazzyja said:

So I’m in abit of a pickle….we’re only 9 weeks into conveyancing and my buyer is being really pushy and wanting to move in within the next 3 weeks. 

Issue is my onward purchase is having issues with the title deeds (and their solicitors are painfully slow). 

They bought the freehold and leasehold together in 2015 (using the same solicitors they are using now) and the solicitor failed to register the leasehold and only the freehold title is registered. My solicitor states this wouldn’t be a problem but the freehold states that it is “subject to a leasehold” so therefore the leasehold needs to also be registered and there be 2 separate title numbers.

Now I am stressed out of my mind. Everything is back from both parties only this outstanding. Please could anyone provide me any positivity, if any, that this can be sorted in a timely manner? 😭 my sol has asked them to do an expedited application to the LR so I’m hoping and praying it won’t take too long and that my buyer doesn’t pull out. Is there any other possible way we can still proceed? Thanks 

Firstly they need to have the second title transferred and an application made to update that register
If they have done that and submitted it they then need to request expedition to ensure it is processed asap. Expedition is though not a magic wand and everything needs to be in order.
Ask them to confirm that the application has been submitted and then expedited. They should be able to quote the title number and case (our ABR) reference for you and also give you an idea of timescale
If you want to DM the title number and case reference then happy to take a look to see what's happening from HMLR perspective 

fistfulofsteel

Land_Registry said:

fistfulofsteel said:

My partner wants me to buy their ex out of their jointly owned home. They are currently joint tenants. We've agreed I'll pay the ex half the house value and become new joint tenant with my partner. The house is worth less than £250,000 so I think that means no stamp duty? I don't need a mortgage and we all know and trust each other. Do we need a conveyancer and if not which forms do we need to fill in ourselves?

Our online guidance explains how the two of them can transfer to the two of you - Registering land or property with HM Land Registry: Change the registered owner name - GOV.UK
Contact HMRC re stamp duty requirements 

You don't have to use a conveyancer but land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation. Before making an application without legal representation, it is important to consider the benefits of using a conveyancer.

So it's TR1, AP1, and ID1 for all three of us? They don't need to first do SEV?

Land_Registry

fistfulofsteel said:

Land_Registry said:

fistfulofsteel said:

My partner wants me to buy their ex out of their jointly owned home. They are currently joint tenants. We've agreed I'll pay the ex half the house value and become new joint tenant with my partner. The house is worth less than £250,000 so I think that means no stamp duty? I don't need a mortgage and we all know and trust each other. Do we need a conveyancer and if not which forms do we need to fill in ourselves?

Our online guidance explains how the two of them can transfer to the two of you - Registering land or property with HM Land Registry: Change the registered owner name - GOV.UK
Contact HMRC re stamp duty requirements 

You don't have to use a conveyancer but land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation. Before making an application without legal representation, it is important to consider the benefits of using a conveyancer.

So it's TR1, AP1, and ID1 for all three of us? They don't need to first do SEV?

Correct - form SEV is relevant to a severance of joint tenancy and registration of a form A restriction. Not relevant to what you are trying to do it seems