Land Registry questions

sdw2001

Dad, realised property not registered as from 1967. Has lived in house since new with wife till her death . Property is mortage free

Doing a voluntary Fiirst submission
Would submit in order of earliest dated document
(He has the original of all documents to send}

Conveyance
Abstract of Title
An up to date Land Charges search for both people in deeds (will include older search docs) signed by applicant
An up to date OS map with boundries (ones in abstract/conveyance are hand drawn as from 1960s) signed/dated by applicant
death certifcate as his wife mentioned on documents has died (a copy signed by dad)

• ID forms filed in

any other documents/evidence needed that i might of missed?
(eg proof of mortage free?)

mention in webinar need proof of stamp duty - when bought in 1967 it was below £5500 (according to web search) so none would need to be provided as house price (below limit) is stated in doc?

He also wants to add a name to register (once done) can these forms be also submitted at same time(AP1 & TR1)?

Thanks in advance for help/advice

Land_Registry

You clearly have a good understanding of what's required after reading our guidance/video but please do seek legal advice as well, if not already done so, to ensure that your thinking re adding a name for example is the 'best' option depending on his/your thinking

If the property was mortgaged and that's been paid off then you presumably have the original charge with an endorsed receipt or a form 53 or DS1 from the lender. You'd need to submit those

SDLT is mentioned primarily because the first registration is triggered by a current transaction that may attract duty. The conveyancer will presumably reflect what the stamp duty aspect was at that time so nothing extra required.

If registering for the first time and with the deeds then ID verification is not required.

If you are going to add a name, so using form TR1, then submit it as a single FR1/DL application and pay the Scale 1 fee. Little point in doing two separate applications but you would then need ID verification for all parties included in the TR1. Note - if you did two separate applications you'd also need ID forms for the TR1 aspect anyway

sdw2001

Thanks for info Land_Registry

just a couple follow up questions

Will only need LLC1 for local land charge search (1 for each person on deeds 2 searches in total), are not listed on gov site so have to get via local council

On back of Mortgage document there is seal/stamp + statement from Building Society stating the remaining balance paid is this enough info for this document to be submiitted in relation to paid off mortgage.

SDLT - just bringing upto date property details into this century, no current transaction (eg sale) doing this myself so do I need to show anything

GDB2222

We still have a house in the family that my late father bought in 1972. It was a new build house, on a corner plot.

There was a design for the estate where the pavement, instead of following the side of the road round the corner, was supposed to take a diagonal shortcut across the corner of our garden. So, we were supposed to end up with a little triangular patch of garden at the corner, as well as the main garden with a bit cut off.

That design is what the Land Registry title plan shows:

When the estate was actually built, the pavement followed round next to the road, without cutting across our garden, and we ended up with a normal rectangular garden.

It's been like that for over 50 years, and nobody has ever queried it. What is involved in altering the LR title plan to accord with the reality on the ground? How easy would it be, and what are the potential repercussions of not doing it?

Land_Registry

https://forums.moneysavingexpert.com/discussion/comment/81942917#Comment_81942917

That all appears to be correct

Land_Registry

https://forums.moneysavingexpert.com/discussion/comment/81943050#Comment_81943050

You have three choices it seems

1. Claim the land through adverse possession - see PGs 4 and 5 and seek legal advice - Land registration: Practice guides - GOV.UK
2. Get the still registered owner of the land to transfer it to you; or
3. Do nothing although as and when yo9u wish to sell a buyer is very likely to query the registration v reality on the ground and ask you to do one of the above before they will complete

GDB2222

https://forums.moneysavingexpert.com/discussion/comment/81943164#Comment_81943164

Thanks very much.

I have checked the LR map and I can't find any land belonging to anyone else at that site. Some of the other corners were completed as planned, and the map shows those corners in green.

I guess that leaves the adverse possession route. Does it work against land that's supposed to have been public highway?

Land_Registry

https://forums.moneysavingexpert.com/discussion/comment/81943231#Comment_81943231

I imagine the land remains registered to the developer/builder.

The path won't be a public highway but please do seek legal advice with regards how to satisfy the legal requirements re claiming it

Jimbob_me

Hi @Land_Registry ,

We are currently in the late stages of selling our house.

Several months ago our buyers flagged a boundary discrepancy on our title plan. It shows that our boundary is encroaching into the neighbours garden, as well as partly through their house (we're end of terrace). The actual shape of the boundary is correct, but its essentially snapped over onto the incorrect wall, possibly during initial registration, which was done in 2006.

My neighbours land is unregistered as it stands, but she is in the early stages of registering her estate.

My solicitor was unable to find any supporting document for when our house was first registered in 2006, i.e, it appears it either wasnt registered with any old plan/deed OR that document has since been lost.

My solicitor suggested waiting for my neighbour to register her land, which would then trigger our boundary to be amended as a result, but i stressed that this could take months/years and we could lose our house sale and onward purchase.

Instead, we decided to use a deed of rectification to sort the boundary. This involved me having a new land registry suitable plan showing the correct boundary made up, a deed drafted by my solicitor and then a signature from myself and my neighbour, where we both agree on where the boundary is. This has been completed, sent to land registry and expedited. Unfortunately i have found out this week that HMLR are writing to my solicitor next week to say that the deed of rectification is the incorrect method to correct the boundary and has thus been rejected. They will state the reasons and possible other options.

Where it becomes difficult is the following:

• My buyers have been told they can't progress with the sale until the boundary has been amended.
• Both mine and my buyers mortgage offers expire at the beginning of May.

I am expecting that my solicitor will suggest either transferring the strip of land over to my neighbour, which cannot be done until she has registered her land, OR, waiting for her to register her land and having our boundary amended as a result. Obviously both will take months and will go way beyond our mortgage offer expiry dates.

Can you try and suggest some possible ways forward for us? I am thinking our buyers can go back to their solicitor/lender and possibly ask for them to reconsider their stance on having the boundary amended before completion. This is on the basis that:

• There is no dispute. Both me and my neighbour know exactly where the boundary is and has always been.
• Me and my neighbour have both signed a written document defining where the boundary actually is.
• There is a known and clear path to having the boundary amended (wait for neighbour to register land).
• This house has previously been sold twice with the same title plan without issue.

We're at risk of losing a property that has been held for us for 10 months by a family friend.

Any help would be appreciated. Thanks.

Land_Registry

Sorry to read of the issues you are facing but it reads as if you already have the options available to you and very much a case of discussing with your solicitor/neighbour/buyer as to identify which is the most expedient way of dealing with matters.

Any application to transfer the land or register the neighbour's title for the first time can be expedited but everything will then hinge on the application(s) being in order of course

Your bullet points sadly don't change things where land law and registration requirements are in play. No dispute, both consenting etc all help to smooth the way forward once an option has been decided upon. Sales and purchases can go ahead if nobody notices the issue and that's largely down to the buyer checking and confirming the registered extent matches the reality on the ground and/or the risk level attached to any buyer's mortgage and how the lender views such things.