Land Registry questions

ChirpyChicken

https://forums.moneysavingexpert.com/discussion/comment/82011681#Comment_82011681

@Land_Registry

Now they have got their photo Id sorted and ID5 form done. Can you confirm the fee please? House is worth 420,000. No consideration involved.

Can I clarify something else pls

3 tennants in one common

2 left (husband and wife)

In the will the deceased person has passed her share to one of the remaining tenants.

They wish to become joint tenants going forward. I assume given the above this can all be done using the forms advised previously

Is there anything else that needs to be done?

Thanks in advance 😀

Land_Registry

https://forums.moneysavingexpert.com/discussion/comment/82109747#Comment_82109747

If there's no monies changing hands then it's a Scale 2 fee - see the example scenarios included in the linked guidance as to how to state the value and calculate the fee HM Land Registry: Registration Services fees - GOV.UK

BUT if you have 3 registered owners and 1 has died the legal ownership has passed to the 2 surviving joint owners and no Transfer is required. See PG 6 for guidance on how to apply to update the register using form DJP and a copy of death certificate. You can also cancel the form A restriction using forms RX3 and ST5 at same time.

You'll recall I explained you can't transfer a share in the way so AP1/TR1 and ID forms not needed.

Only caveat to add is that IF the remaining two own one third and two thirds respectively of the beneficial ownership/shares do they want to cancel the form A restriction?

I'd strongly recommend seeking wider legal/financial advice so that they both understand the options and what's best going forward.

ChirpyChicken

thanks @Land_Registry that makes a lot more sense now and is quite clearl

eddddy

I'm wondering how this could come about…

A 'Notice of Cancellation' from Land Registry says

"Thank you for your recent application for an official copy of the
Lease dated xxxxxxx. Unfortunately, as stated in the
register, HM Land Registry holds no copy of this document and we
are therefore unable to supply you with a copy of the same."

I believe the property is registered with LR. The property owner is waiting for clarification from their solicitor, but in the meantime, can you suggest why this could come about? Could it be because a solicitor failed to submit a copy of the lease when the property was first registered?

Land_Registry

https://forums.moneysavingexpert.com/discussion/comment/82170446#Comment_82170446

Generally speaking when a lease is registered (or noted) we would receive and then hold a copy on file. Pre-2000 leases would have been submitted in paper form and photocopied and filed in file stores. When digitalisation first started we had over 83 million paper records on file (not all leases mind)

When the paper file was scanned/checked/digitalised no copy of the lease would have bene found hence the note on the register and our being unable to provide a copy.

It was never our role though to hold a copy and that responsibility has always rested with the landlord/tenant and each would usually have an original/counterpart or a certified copy for example/

Modern conveyancing will usually mean they ask the landlord/tenant if they have an original or certified copy and if they do they submit a certified copy to us and we can update our records and the register. If neither can help then the usual way to resolve matters is to have a new lease drawn up to replace the old one but I'm sure the conveyancer can advise on that for you

HouseHuntingAmy

First-time buyer question of my own, if that's alright. We've started pulling the official copies of the title registers for the places we view, and I'm never quite sure how much weight to put on them. Am I right that the charges register is where any mortgage or secured lending would show up, and that the title plan is only a general indication of the boundry rather than the legal line? And has anything on a register ever made people here walk away from a purchase - a restrictive covenant or an odd entry in the proprietorship register, that sort of thing? It feels like the sort of document that's very easy to skim and miss something important, so any pointers on what to read closely would be much appreciated.

Land_Registry

https://forums.moneysavingexpert.com/discussion/comment/82173129#Comment_82173129

You should always start with (put weight on) the registered information as that's your proof of ownership, rights and covenants and ny charges/third party interests you'd have to deal with when buying.

Correct re C Charges Register and Title plan

People can 'walk away' for all sorts of reasons inc a restrictive covenant or an 'odd entry' although often they'd be asking their legal rep/the seller if it was an issue before making that decision for themselves

The key part of any register is the ownership - that's how you know who you should be buying from. Certainly not something to be skimmed but generally speaking any registered charges/third party interests and their removal would be part of the seller's responsibility for dealing with before you complete

The registered information would then go hand in hand with the other information gleaned inc the seller's own understanding (Property Information details) and wider searches with local authority for example.