Land Registry questions

Land_Registry

boring1 wrote: »

Hi

Can somebody from the LR assist me please. I am in the process of selling my house and my solicitor tells me that part of the deeds from LR are missing (those that confirm access via the back alley) the house is very old (1902) so trying to find the originals may be impossible.

Can you please advise what my options are?

Many thanks.

If you are selling then your solicitor will need to advise you re your options as much will depend on how your buyer will view any risk associated with the missing deeds

Modern conveyancing will often consider an indemnity policy being obtained and offered where a risk is identified but your solicitor will need to advise on that, not us

acidstrato

Hi I've been reading some other posts with similar situations but felt the need to post my own specific one


when my mother passed away a couple years ago her property was left to me, my brother and sister. My sister registered the property in all our names through probate. I don't know much more about it than that.


we were in agreement that it was our mothers wish for me to purchase the property since I was living there and had no other place to live both my brother and sister live elsewhere.


I have since paid both my brother and sister their agreed sums for their shares. They are happy to sign the house over to me and Im looking to get this completed now.


Im thinking I need to complete the AP1, TR1 and ID1 form?


I contacted Land Registry themselves and just got referred to the transfer of ownership page which I had already read through and a friendly caveat from them too that theres more to it than just sending them completed forms and paying a fee

pauljrog

Hi Land Registery,

Please can you help us.

This is a complex issue and would appreciate some advice.

Last week we received a letter from a property developer explaining that he owns the majority of my rear garden and is giving us 2 weeks to gain access. It looks like he owns a long strip of land at the rear of all the houses down the street.

We had absolutely no idea as we thought we owned our garden, but looking at the title plan he seems to be correct.

So, together with a few other home owners on the street we have all looked into this and it looks like the previous owners from the period of 2004-2005 started factual possession of this land by erecting fencing around the unused land, landscaping it and laying turf etc incorporating it into their own gardens, with no outside access.

It seems the land was old British rail land as it goes upto a railway embankment, it was sold to a land owner in 1998 then brought by the current property developer in 2015 .

No one has any previous contact by any previous owners so we all have had no communication or consent to use the land. The land was unused derelict grassland with no boundary fencing (except for the steel fence at the other end of the land where the railway line is)

So do we have a good case to apply for adverse possession to keep our rear gardens?

Our case is slightly different as we have only been here for 3 years, the previous owner possessed the land since 2004 and we have google earth photographic evidence that the land was possessed in 2005, so I guess we need to get a statement of truth from them before we apply?

Is there any further info or advice you can give us? Plus if you require any further info please let me know.

Do we have a strong case for AP, or is it better to negotiate with the land owner??

Thanks.

Land_Registry

acidstrato wrote: »

Hi I've been reading some other posts with similar situations but felt the need to post my own specific one

when my mother passed away a couple years ago her property was left to me, my brother and sister. My sister registered the property in all our names through probate. I don't know much more about it than that.

we were in agreement that it was our mothers wish for me to purchase the property since I was living there and had no other place to live both my brother and sister live elsewhere.

I have since paid both my brother and sister their agreed sums for their shares. They are happy to sign the house over to me and Im looking to get this completed now.

Im thinking I need to complete the AP1, TR1 and ID1 form?

I contacted Land Registry themselves and just got referred to the transfer of ownership page which I had already read through and a friendly caveat from them too that theres more to it than just sending them completed forms and paying a fee

acidstrato - sorry for such a late posting

If it's now in your joint names then they are the right forms AP1, TR1 and ID1 for all three of you as appropriate. The online guidance you were referred to takes you through the process and has wider links as to how to complete the forms etc

The 'more' bit tends to relate to an understanding of the legal/financial situation as well as what might happen re wills, inheritance in the future.

So the forms and linked guidance explain what is required to register such a change of ownership. You don;t have to use a solicitor but we would be wrong to just advise you to fill in and send off the forms

Land_Registry

pauljrog wrote: »

So do we have a good case to apply for adverse possession to keep our rear gardens?

Our case is slightly different as we have only been here for 3 years, the previous owner possessed the land since 2004 and we have google earth photographic evidence that the land was possessed in 2005, so I guess we need to get a statement of truth from them before we apply?

Is there any further info or advice you can give us? Plus if you require any further info please let me know.

Very much one to get legal advice upon, perhaps collectively. The developer will have got their own legal advice so you need to do the same in my view.

Our PG 4 explains the registration requirements re such claims but it is an understanding of the law and how you can prove your claim(s) that comes first and that is where the solicitor comes in.

Once you have that advice then you can decide whether you have a good case or whether negotiation is the better option. But don't negotiate without knowing your legal position

pauljrog

Hi Land Registery,

Can you help me with Adverse possession ST 1 form question 10.

I own another property, for the last 8 years, you want me to put the details down, this is no problem, but you require the pre-registration title deeds, but I do not have them.

Can you help??

Plus on form ADV1 question 9 declaration of trust, what does that mean? My wife and I are trying to claim a strip of land which has been in adverse possession since 2004.

Thanks for the advice.

Land_Registry

pauljrog wrote: »

Hi Land Registery,

Can you help me with Adverse possession ST 1 form question 10.

I own another property, for the last 8 years, you want me to put the details down, this is no problem, but you require the pre-registration title deeds, but I do not have them.

Can you help??

Plus on form ADV1 question 9 declaration of trust, what does that mean? My wife and I are trying to claim a strip of land which has been in adverse possession since 2004.

Thanks for the advice.

A claim is largely based on the fact that you don't have the deeds so I'm unsure why your first Q has arisen

Panel 9 - see the notes alongside it and use the link for wider guidance. There's also more here

pauljrog

Thanks very much for your reply,

Can just try to clarify question 10 on the ST1 form -

The question is -

10 Other property owned during the period referred to in panel 4
by the person making this statement or the person on behalf of
whom this statement is made:

The form guidence notes say -

Insert details of such property. Where the
title to this other property is registered,
please quote the relevant title number(s)
and provide copies of the relevant pre-
registration title deeds. Where the title to
this other property is unregistered, please
confirm whether this is freehold or
leasehold and provide copies of the
relevant title deeds.

So what forms do you require?. I do not have any pre- registration title deeds, the house is over 100 years old and I'm sure these deeds have been lost.

Thanks for your help.

acidstrato

Land_Registry wrote: »

acidstrato - sorry for such a late posting

If it's now in your joint names then they are the right forms AP1, TR1 and ID1 for all three of you as appropriate. The online guidance you were referred to takes you through the process and has wider links as to how to complete the forms etc

The 'more' bit tends to relate to an understanding of the legal/financial situation as well as what might happen re wills, inheritance in the future.

So the forms and linked guidance explain what is required to register such a change of ownership. You don;t have to use a solicitor but we would be wrong to just advise you to fill in and send off the forms

No problem thanks so much for the response, just so I'm clear will I need to complete all three forms for each person (including myself) so nine forms in total?


thank you

Land_Registry

pauljrog wrote: »

Thanks very much for your reply,

Can just try to clarify question 10 on the ST1 form -

The question is -

10 Other property owned during the period referred to in panel 4
by the person making this statement or the person on behalf of
whom this statement is made:

The form guidence notes say -

Insert details of such property. Where the
title to this other property is registered,
please quote the relevant title number(s)
and provide copies of the relevant pre-
registration title deeds. Where the title to
this other property is unregistered, please
confirm whether this is freehold or
leasehold and provide copies of the
relevant title deeds.

So what forms do you require?. I do not have any pre- registration title deeds, the house is over 100 years old and I'm sure these deeds have been lost.

Thanks for your help.

Panel 10 would be completed re the adjoining property which you said you have owned for 3 years.
You seem to want to include details of another property you have owned for 8 years but if that is not adjoining then I can't see why you would be including those details?