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Land Registry questions
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Long story short, we have been in dispute with the building company who owns a property 3 doors down. In the original plans, a carport that sits under our master bedroom is theirs, however no lease was ever put in place and the carport is in our deeds. After 4 painful years we are selling up and have given in to the building company and agreed for them to have it and get the deeds changed. We part exchanged our house originally to Taylor Wimpey and a buyer had been agreed, however the land registry refused to change the deed and said a TP1 change had to be submitted, making our property such that a flying freehold would be over the said parking area. This changed everything for Taylor Wimpey as they are unable to buy our house in part exchange as there will be a flying freehold in place, however they have agreed for us to use the Easy Mover scheme which still means that the buyer that they had for the property would now be buying direct from us.
The problem now is that the building company has still not signed and sent off the TP1 change to the land registry and it has been dragging on for 5 months now. The buyer is threatening to pull out of the sale if we have not exchanged contracts and moved by the end of August. Is there any way that the property can be sold with the TP1 change still outstanding? The new buyer was never sold the carport and knew that it would belong to someone else, so there would be no backlash from that side. Is there something that could be drawn up by solicitors or will we literally have to wait until the TP1 is changed by the land registry? If that is the case, how long would I take once the TP1 is submitted?
Stressed is an understatement as we risk losing our new build house if the seller for this pulls out and we have already invested over 10k for upgrades in our new house which potentially could be lost !!!128557;
Possible but entirely up to the buyer/solicitor/lender involved. Historically rarely an issue in my experience but nowadays the 'risk' is viewed/dealt with very differently so you may find one or all of those won't complete until resolved.
The average timescale for this type of application is several weeks so you would miss the August deadline. The solicitor can provide evidence of the confirmed purchase and ask us to expedite it. If we can then the wait time is usually reduced to 2 weeks between expedition and consideration. Everything then hangs on it being in order
On the wider issues mentioned it is crucial to understand that legal ownership has to be transferred. You can't just say it was wrong 4 years ago when we transferred and get that changed. It was transferred then and it needs to be transferred again- that's land law.
So it's not HMLR refusing to change the deed but the very simple fact that we can't and all conveyancers/developers should know that.
I'm mentioning this for the benefit of other readers and not to criticise you in any way. It's a long story short and a very stressful 4 years and counting but such matters really should not take that long to sort unless other factors were in play but which had nothing to do with how to effect the change.
The way you have described it seems clear cut in that car port should not have been included but was when plot transferred. Remedy - transfer it back or on to who should have had it as soon as you realise the mistake.
Really hope you can now resolve this quickly“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
Could you please translate this piece of information on a Title for Land?
Under the Registered owner it states "Company X"
Then under the section B Proprietorship Information there are 3 entries
1 - Company X
2- The value paid in 1999
3- Proprietors address for service has been changed
4- (This is the bit i dont understand) RESTRICTION: No disposition of the registered estate by
the proprietor of the registered estate or by the proprietor of any
registered charge, not being a charge registered before the entry of
this restriction, is to be registered without a written consent signed
by Company Y of an address and Person Z of another address.
Company Y and Person Z are in no way related to Company X or each other, so why and how is this restriction on the title and what does it actually mean?
Thanks0 -
I'm in the process of selling my home but it's registered in one of (!!!) my married names.
The timeline is: married name per land registry > divorced > remarried > divorced > now using maiden name.
My conveyancers have seen the documents for the whole chain and also have up-to-date copies of my passport and driving licence in my maiden name. They're now saying that I need to register to change my name by deed poll because HM Land Registry won't accept the documents they've got.
Is this correct???
Thank you0 -
brooklyn07 wrote: »Could you please translate this piece of information on a Title for Land?
Under the Registered owner it states "Company X"
Then under the section B Proprietorship Information there are 3 entries
1 - Company X
2- The value paid in 1999
3- Proprietors address for service has been changed
4- (This is the bit i dont understand) RESTRICTION: No disposition of the registered estate by
the proprietor of the registered estate or by the proprietor of any
registered charge, not being a charge registered before the entry of
this restriction, is to be registered without a written consent signed
by Company Y of an address and Person Z of another address.
Company Y and Person Z are in no way related to Company X or each other, so why and how is this restriction on the title and what does it actually mean?
Thanks
Why? - you would have to ask X Y or Z
How? - it would have been applied for either as part of the application to register X or as a later application by Y/Z
Meaning? - X can't sell, lease or mortgage the title without the consent of Y and Z“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
I'm in the process of selling my home but it's registered in one of (!!!) my married names.
The timeline is: married name per land registry > divorced > remarried > divorced > now using maiden name.
My conveyancers have seen the documents for the whole chain and also have up-to-date copies of my passport and driving licence in my maiden name. They're now saying that I need to register to change my name by deed poll because HM Land Registry won't accept the documents they've got.
Is this correct???
Thank you
tracey29 - our online guidance explains how you can apply to update the register re a change of name
We can accept an application from a conveyancer within which they confirm that they act for you and supply a copy of either the passport page or driving licence and a request to update the register
Or you can apply yourself and submit sufficient documents to confirm the change of name back to your maiden name. The key when returning to your maiden name is to ensure the documents show how the change has occurred going forward so you can retrace those steps to demonstrate how the maiden name is being used now.
Names have to match exactly to achieve this and if they don;t that could be a reason for them suggesting you need a formal deed to change your name now?“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
Land_Registry wrote: »tracey29 -
We can accept an application from a conveyancer within which they confirm that they act for you and supply a copy of either the passport page or driving licence and a request to update the register
Or you can apply yourself and submit sufficient documents to confirm the change of name back to your maiden name. The key when returning to your maiden name is to ensure the documents show how the change has occurred going forward so you can retrace those steps to demonstrate how the maiden name is being used now.
Names have to match exactly to achieve this and if they don;t that could be a reason for them suggesting you need a formal deed to change your name now?
Thank you for coming back so quickly.
You've said the conveyancer can do it - that might be the simplest and quickest way as I think they've got all of the documents they'd need -marriage certificates and divorce decrees, my birth certificate and copies of my passport and driving licence.
They're saying that HM Land Registry won't accept anything other than a formal deed even though I've been using my maiden name since 2015. There are no other reasons why - no spelling differences etc, just a divorce, remarriage, divorce and return to maiden name.
Can you please confirm that the above documents are sufficient and also possibly point me to a more specific link so I can show the conveyancers and they can do it for me?
Tracey0 -
Thank you for coming back so quickly.
You've said the conveyancer can do it - that might be the simplest and quickest way as I think they've got all of the documents they'd need -marriage certificates and divorce decrees, my birth certificate and copies of my passport and driving licence.
They're saying that HM Land Registry won't accept anything other than a formal deed even though I've been using my maiden name since 2015. There are no other reasons why - no spelling differences etc, just a divorce, remarriage, divorce and return to maiden name.
Can you please confirm that the above documents are sufficient and also possibly point me to a more specific link so I can show the conveyancers and they can do it for me?
Tracey
The conveyancer has to be happy with the change of name themselves in order to certify but if they are acting for you that is presumably not an issue.
In my experience there is no single way to revert to a maiden name and no legal requirement that you have to enter into a formal deed to do so but your solicitor should advise you on that. Most use their marriage certificate and decree absolute to support such a change of name
There is no 'more specific link' - the link explains what we can accept for registration purposes if you were to make the application yourself. I have added the caveat that we can accept a conveyancer's certificate as an alternative if they confirm that they act for you and can certify that you have changed your name.
That second option is therefore the one where they have to be satisfied that you are who you are and that you are reverting to your maiden.“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
Land_Registry wrote: »The conveyancer has to be happy with the change of name themselves in order to certify but if they are acting for you that is presumably not an issue.
In my experience there is no single way to revert to a maiden name and no legal requirement that you have to enter into a formal deed to do so but your solicitor should advise you on that. Most use their marriage certificate and decree absolute to support such a change of name
There is no 'more specific link' - the link explains what we can accept for registration purposes if you were to make the application yourself. I have added the caveat that we can accept a conveyancer's certificate as an alternative if they confirm that they act for you and can certify that you have changed your name.
That second option is therefore the one where they have to be satisfied that you are who you are and that you are reverting to your maiden.
I've just pushed my conveyancer harder and they've said they'll submit it through Land Registry but if there are any problems then I'll have to go through the deed poll route.
Slightly worrying that I've had to push them this hard to get this far but.....
Thank you for your help:)0 -
Afternoon,
We have recently sold our property but our buyers' solicitors want the ground rent charge on our deeds to be redeemed before we can complete.
The ground rent charge dates back to 1968 and it has never been collected nor have we ever been contacted about it, neither have the previous owners (we've owned the house for 14 years and our predecessors were here for 5 years).
Our solicitors have begun the redemption process and have contacted a man who we believe is the ower of the ground rent, but as yet we haven't had a response and for all we know he may no longer be at the address we have, or even still be living.
I know every case is different but could anyone advise on how long a redemption could take?
Or the time scale of an extinguishment of the charge if the owner of the ground rent can't be traced?
Is there a rough best case and worst case scenario in terms of timescale?
We have offered on another property and also have a time limit of 12 weeks on our mortgage offer so the time it takes to get this resolved has a big impact on other decisions.
Many thanks in advance for any helpful advice.0 -
Afternoon,
We have recently sold our property but our buyers' solicitors want the ground rent charge on our deeds to be redeemed before we can complete.
The ground rent charge dates back to 1968 and it has never been collected nor have we ever been contacted about it, neither have the previous owners (we've owned the house for 14 years and our predecessors were here for 5 years).
Our solicitors have begun the redemption process and have contacted a man who we believe is the ower of the ground rent, but as yet we haven't had a response and for all we know he may no longer be at the address we have, or even still be living.
I know every case is different but could anyone advise on how long a redemption could take?
Or the time scale of an extinguishment of the charge if the owner of the ground rent can't be traced?
Is there a rough best case and worst case scenario in terms of timescale?
We have offered on another property and also have a time limit of 12 weeks on our mortgage offer so the time it takes to get this resolved has a big impact on other decisions.
Many thanks in advance for any helpful advice.
I'm assuming it's a renctcharge although you also mention ground rent
There's no real best case as you need a redemption certificate. As you know who the owner is it may be worth looking at getting a state redemption - your solicitor will be aware of what's needed but maybe that's not an option
In light if the circumstances posted have you considered indemnity insurance?
The payments haven't been made for some time so trying to trace the owner seems a fruitless task and could pose problems if you then consider trying to get insurance
Payments are often limite to 6 years back payment. And they extinguish automatically in 2037 but appreciate that's no help now“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0
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