Land Registry questions

Mikey1234

It actually says "The Transferee hereby covenants with the Company by way of indemnity only that he will at all times duly perform and observe the restrictive covenants ........... and will keep the Company effectively indemnified against all actions proceeding claims costs arising in respect of any breach."

So nothing about ".... for the benefit of..."

Carolyn_Russell

Hi,

We are in the process of buying a ground floor garden flat. It has just come to light that the seller has incorporated some land into her garden which she did not own. Our solicitors have requested she apply for adverse possession and she was rejected that suggestion.

Our solicitor has now requested a declaration of truth from the seller, but where would this leave us? Would we need to occupy the land for a further 12 years before we could apply for adverse possession ourselves- the current owner incorporated the land into her garden 20-25 years ago.

Thank you
C x

Land_Registry

Mikey1234 wrote: »

It actually says "The Transferee hereby covenants with the Company by way of indemnity only that he will at all times duly perform and observe the restrictive covenants ........... and will keep the Company effectively indemnified against all actions proceeding claims costs arising in respect of any breach."

So nothing about ".... for the benefit of..."

That reads like a clause in a later transfer and not the one from the one imposing the covenants

Land_Registry

Carolyn_Russell wrote: »

Hi,

We are in the process of buying a ground floor garden flat. It has just come to light that the seller has incorporated some land into her garden which she did not own. Our solicitors have requested she apply for adverse possession and she was rejected that suggestion.

Our solicitor has now requested a declaration of truth from the seller, but where would this leave us? Would we need to occupy the land for a further 12 years before we could apply for adverse possession ourselves- the current owner incorporated the land into her garden 20-25 years ago.

Thank you
C x

Carolyn - if title was granted and you get possessory title then yes, you'd have to wait to upgrade it to absolute. Your solicitor can advise you on this

seashore22

We are helping someone leave an emotionally abusive marriage at the moment and would like some advice on the HR1 form.

There are children involved and she has been advised by a helpline to fill out a form to place a home rights order on the property. She was a stay at home mum and wasn't put on the deeds or mortgage of the family home.

The form includes a space for the address of the person registering the home rights, but this is complicated by the fact that they are in a refuge at the moment. Questions are:

Can they use a "care of" address for the land registry ie our address?

How much information would her husband be given by land registry? (We know that he will be informed of the HR1 form, but don't know what other info he will receive).

Anything else we need to know?

Thanks.

LawAbiding

Hi LR,

Hope you are well and thanks for any advice you can give.

in 2007, my dad gave me his second home to live in and look after, for the first 8 years. I paid his mortgage off.

He agreed to give me the house for £50,000, at the time the property was valued at £70,000 - £75,000.

Over the past 10 years, I have been paying him the £50,000 on a personal agreement between us. So far, I have paid £25,050.

Up till now, no changes have been made to the title of the property with LR.

My dad has agreed to transfer the title with LR to me, so I can then choose to do what I wish with the property, live in it or sell it.

As I have decided not to go through a solicitor, I have identified that I would require the following application forms:

AP1
TR1
ID1 - for myself
ID1 - for my dad

On the AP1 form, section 4, I have put the current value of the property which is £80,000.

But on the TR1 form, in section 8, I have ticked the second option "The transfer is not for money or anything that has a monetary value"

Should this be the first option "The transferor has received from the transferee for the property the following sum (in words and figures):"?

Should I put £50,000 here, even though the agreement with my dad was a personal one?

Once the property has been transferred, I am considering selling it in the next 12 months.

Thanks again.

Land_Registry

seashore22 wrote: »

We are helping someone leave an emotionally abusive marriage at the moment and would like some advice on the HR1 form.

There are children involved and she has been advised by a helpline to fill out a form to place a home rights order on the property. She was a stay at home mum and wasn't put on the deeds or mortgage of the family home.

The form includes a space for the address of the person registering the home rights, but this is complicated by the fact that they are in a refuge at the moment. Questions are:

Can they use a "care of" address for the land registry ie our address?

How much information would her husband be given by land registry? (We know that he will be informed of the HR1 form, but don't know what other info he will receive).

Anything else we need to know?

Thanks.

She can have up to three addresses - a care of postal address is fine
The spouse is notified of the entry so he will know who has applied and what is noted on the register. We would only have that detail to share after all.

Land_Registry

LawAbiding wrote: »

Hi LR,

Hope you are well and thanks for any advice you can give.

in 2007, my dad gave me his second home to live in and look after, for the first 8 years. I paid his mortgage off.

He agreed to give me the house for £50,000, at the time the property was valued at £70,000 - £75,000.

Over the past 10 years, I have been paying him the £50,000 on a personal agreement between us. So far, I have paid £25,050.

Up till now, no changes have been made to the title of the property with LR.

My dad has agreed to transfer the title with LR to me, so I can then choose to do what I wish with the property, live in it or sell it.

As I have decided not to go through a solicitor, I have identified that I would require the following application forms:

AP1
TR1
ID1 - for myself
ID1 - for my dad

On the AP1 form, section 4, I have put the current value of the property which is £80,000.

But on the TR1 form, in section 8, I have ticked the second option "The transfer is not for money or anything that has a monetary value"

Should this be the first option "The transferor has received from the transferee for the property the following sum (in words and figures):"?

Should I put £50,000 here, even though the agreement with my dad was a personal one?

Once the property has been transferred, I am considering selling it in the next 12 months.

Thanks again.

We can do no more than refer you to our online guidance on how to complete the firm TR1.

We need to know the value of the transaction/property to assess the registration fee only.
You need to consider the details from a wider perspective including land tax obligations handled by HMRC

LawAbiding

Land_Registry wrote: »

We can do no more than refer you to our, on how to complete the firm TR1.

We need to know the value of the transaction/property to assess the registration fee only.
You need to consider the details from a wider perspective including land tax obligations handled by HMRC

Many thanks for the quick response.

seashore22

Land_Registry wrote: »

She can have up to three addresses - a care of postal address is fine
The spouse is notified of the entry so he will know who has applied and what is noted on the register. We woukd inky have that detail to share after all.

Thank you for the information. That does help.