Land Registry questions

da_rule

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

If the statement of truth evidences 12 years then you can apply for adverse possession as soon as the transfer is complete as you would be a successor in title.

As you are referring to 12 years, I assume that the land you are seeking to posses is unregistered? If so, have a read of Practice Guide 5 (https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land/practice-guide-5-adverse-possession-of-1-unregistered-and-2-registered-land-where-a-right-to-be-registered-was-acquired-before-13-october-2003#leasehold-matters), pay specific attention to the leasehold matters section.

Also, ask your solicitor. It is what you are paying them for after all.

busybee100

Hi LR

We recently bought a 1960's house on an estate of 20, all the garages are in a block. The four at the entrance also have a parking space in front of their garages.
Another resident has told me he also has a parking space at the side of their garage, on the opposite side of the entrance. There are what looks like the original no parking sign there and on my deeds it is shown as a hatched area to be used by everyone for access. Indeed if everyone uses their (claimed) parking space there would be no access for the other 15 residents.
I believe the resident with parking at the side has managed to claim the space because others were not using theirs so there was still access. Can it be revoked if it's on their deeds?

tracey29

Land_Registry wrote: »

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?

Thanks for coming back to this on me a few weeks ago.

Allan wasn't my first married name but I have the name trail. If it's OK, I'll go into the complete detail as I'd really appreciate your advice as I'm really close to completing the sale on my house.

I was born Knox, first married name Sowter, second married name Allan, third married name Harper and then divorced Harper and have been using my maiden name again since 2015.

Allan is my second married name and is the name on the Land Registry for my house.

I have sent my solicitors a complete paper trail of my birth certificate, marriage and divorce certificates showing my name going from one to the next and they have details of my passport etc to allow them to act for me.

Is this enough or do I need to apply via deed poll?

Tracey

Land_Registry

busybee100 wrote: »

Hi LR

We recently bought a 1960's house on an estate of 20, all the garages are in a block. The four at the entrance also have a parking space in front of their garages.
Another resident has told me he also has a parking space at the side of their garage, on the opposite side of the entrance. There are what looks like the original no parking sign there and on my deeds it is shown as a hatched area to be used by everyone for access. Indeed if everyone uses their (claimed) parking space there would be no access for the other 15 residents.
I believe the resident with parking at the side has managed to claim the space because others were not using theirs so there was still access. Can it be revoked if it's on their deeds?

If they have a registered right to park their then any revoking would be a matter between them and the owner of the land I suspect.

Land_Registry

tracey29 wrote: »

Thanks for coming back to this on me a few weeks ago.

Allan wasn't my first married name but I have the name trail. If it's OK, I'll go into the complete detail as I'd really appreciate your advice as I'm really close to completing the sale on my house.

I was born Knox, first married name Sowter, second married name Allan, third married name Harper and then divorced Harper and have been using my maiden name again since 2015.

Allan is my second married name and is the name on the Land Registry for my house.

I have sent my solicitors a complete paper trail of my birth certificate, marriage and divorce certificates showing my name going from one to the next and they have details of my passport etc to allow them to act for me.

Is this enough or do I need to apply via deed poll?

Tracey

If I recall correctly it is your solicitor who is asking you to complete a deed poll, not us. I assume that they have some concerns over the paper trail and are unwilling to provide the confirmation I mentioned in my reply. And they want to have the register changed before the sale completes.

We won't decide whether the paper trail is sufficient until an application is submitted. You can do that yourself by applying to update the register and submitting the evidence along with a copy of your passport page/driving licence as appropriate.

The key will be that the names and reversion will all have to match and where appropriate match with the details shown on the register itself.

If we have any concerns we may ask for additional details and/or for you to have your identity verified. But we won't decide that until and application is made and considered.

The alternative is to ask your solicitor to confirm your identity and certify to that effect when they apply to update the register as explained.

busybee100

Land_Registry wrote: »

If they have a registered right to park their then any revoking would be a matter between them and the owner of the land I suspect.

Thank you for the quick reply.

So first check it's registered? I suspect it may not be as they have lived here for 30 odd years. So it could be on his deeds but not registered?

Would we all be the owners if we all have a right of way or would it be the original builder?

TIA

tracey29

Land_Registry wrote: »

If I recall correctly it is your solicitor who is asking you to complete a deed poll, not us. I assume that they have some concerns over the paper trail and are unwilling to provide the confirmation I mentioned in my reply. And they want to have the register changed before the sale completes.

We won't decide whether the paper trail is sufficient until an application is submitted. You can do that yourself by applying to update the register and submitting the evidence along with a copy of your passport page/driving licence as appropriate.

The key will be that the names and reversion will all have to match and where appropriate match with the details shown on the register itself.

If we have any concerns we may ask for additional details and/or for you to have your identity verified. But we won't decide that until and application is made and considered.

The alternative is to ask your solicitor to confirm your identity and certify to that effect when they apply to update the register as explained.

Yes, my solicitor said that because the register showed my name from my second marriage, I'd have to complete a deed poll, hence my original message.

Having had the information from you I told my solicitor I wouldn't go down the Deed Poll route so they contacted you with the paper trail but I have just found out that the paperwork isn't enough because there isn't a 'document' that officially shows my change of name from my third marriage to my maiden name I have to go down the Deed Poll route.

Can I just confirm that, at the end of your message, you're saying that as an alternative to filing a Deed Poll my solicitor can certify my identity when they apply to change my name on the register? In other words, my solicitor can just certify that they're happy that my name has gone from Allan to Harper to my maiden name and that's enough - even without the other supporting documents?

Thank you

Land_Registry

tracey29 wrote: »

Yes, my solicitor said that because the register showed my name from my second marriage, I'd have to complete a deed poll, hence my original message.

Having had the information from you I told my solicitor I wouldn't go down the Deed Poll route so they contacted you with the paper trail but I have just found out that the paperwork isn't enough because there isn't a 'document' that officially shows my change of name from my third marriage to my maiden name I have to go down the Deed Poll route.

Can I just confirm that, at the end of your message, you're saying that as an alternative to filing a Deed Poll my solicitor can certify my identity when they apply to change my name on the register? In other words, my solicitor can just certify that they're happy that my name has gone from Allan to Harper to my maiden name and that's enough - even without the other supporting documents?

Thank you

That is correct - providing they confirm that they act for you then we can accept a letter from them that certifies that the person known as (current name of the proprietor) is now known as (new name)

tracey29

Land_Registry wrote: »

That is correct - providing they confirm that they act for you then we can accept a letter from them that certifies that the person known as (current name of the proprietor) is now known as (new name)

One more thing if that's OK, I've used an online conveyancer and they've said they don't have a licence to certify this because they've never met me.

Is this right? Surely if they're acting for me then they accept I am who I say I am?

Lastly, I have an email from you from the first time you replied to me that shows a reference. Are you able to send me another one please with this updated information.

Thank you
Tracey

Land_Registry

tracey29 wrote: »

One more thing if that's OK, I've used an online conveyancer and they've said they don't have a licence to certify this because they've never met me.

Is this right? Surely if they're acting for me then they accept I am who I say I am?

Lastly, I have an email from you from the first time you replied to me that shows a reference. Are you able to send me another one please with this updated information.

Thank you
Tracey

That is most likely correct - as they are online they may be restricted as to what they can confirm as to certify you are who you say you are they need to be 100% sure as if you are not then they will be liable

If you have emailed us then you should email again with your Enquiry and get a response