Land Registry questions

BISCUIT1

Hi,
Can I just check if my understanding of this is correct..if there is a hedge between two properties and there are no inverted T marks on either properties' title plans to say who owns the hedge..does that mean it is a shared boundary and for example the management of any trees on it is a shared responsibility?
Many Thanks.

SmashedAvacado

wannaretireearly wrote: »

Hi,
We are looking to purchase a small piece of land from the bottom of our neighbour's garden, approx 20ft for the sum of £4,000. I looked on Land Registry website and it appeared that all we needed to do was submit forms TP1 and AP1 along with the appropriate fee. After obtaining a copy of the ordnance survey plan reference map from your website, we discovered she has a charge on the property for an equity release mortgage.
She has contacted her lender and they have requested her solicitor provide a plan of the plot looking to be released and following that a property valuation with costs of £500. As we agreed to pay the figure of £4000 and fees based on the fact that I felt sufficiently competent to complete/submit the forms, I do not want to pay solicitors fees for something that may not happen. (we will now be paying out an additional unplanned £500 with no guarantee that permission will be granted)
What I wanted to ask is if there is a legal requirement for any correspondence to a lender to be from a solicitor and if permission is granted, am I correct in assuming we simply need to submit AP1 and TP1? I read about the ID1 and it stated that if the transaction is under £6000 this is not required. Have I read this correctly? If I have misunderstood the process please could you clarify it for me?
Many thanks

This isnt just an LR issue given the involvement of the security

The lender needs to release that part of the property from its security. so they want to cover their legal costs and the valuation costs. This should be something paid for by the seller.

The problem with a lender being involved is that you will need the lender to release the security over the plot at completion. This is usually done by solicitor's undertakings and pursuant to a contractual obligation. Without a solicitor acting for at least one party (at least the seller but possibly you also because you will need to ensure that the undertaking works properly), this will be tricky to achieve.

In addition to the security discharge document (which will be handed over by the lender to the seller's lawyers to you), you might also need a contract to deal with the release of the property by the seller. So you will need more than just a TP1 and an AP1

This suddenly makes it more complicated unless you can get the seller to get the release of security over the garden plot in advance. This is unlikely.

Land_Registry

laskoibence wrote: »

Hi,

We are waiting 3 weeks now for the vendor's solicitor to make actions to dis apply the restrictions on the land registry, so we could proceed to the exchange, but they do not really do anything.

I have spoken to the estate agent today, and they asked me if we want to proceed without removing the restrictions.

Is it bad, or what could happen?

The EA woukd not be involved in the specifics of the conveyancing needs around the restrictions it completion. You must rely on your legal advice here as it seems you either need to comply with the restrictions or have them disapplied. If you can't do either your conveyancer is unlikely to be able to complete but you need to talk to them to confirm.

Land_Registry

wannaretireearly wrote: »

Hi,
We are looking to purchase a small piece of land from the bottom of our neighbour's garden, approx 20ft for the sum of £4,000. I looked on Land Registry website and it appeared that all we needed to do was submit forms TP1 and AP1 along with the appropriate fee. After obtaining a copy of the ordnance survey plan reference map from your website, we discovered she has a charge on the property for an equity release mortgage.
She has contacted her lender and they have requested her solicitor provide a plan of the plot looking to be released and following that a property valuation with costs of £500. As we agreed to pay the figure of £4000 and fees based on the fact that I felt sufficiently competent to complete/submit the forms, I do not want to pay solicitors fees for something that may not happen. (we will now be paying out an additional unplanned £500 with no guarantee that permission will be granted)
What I wanted to ask is if there is a legal requirement for any correspondence to a lender to be from a solicitor and if permission is granted, am I correct in assuming we simply need to submit AP1 and TP1? I read about the ID1 and it stated that if the transaction is under £6000 this is not required. Have I read this correctly? If I have misunderstood the process please could you clarify it for me?
Many thanks

You have understood correctly re the forms and ID

Your neighbour will need their lender to consent to the transfer and most, due to their lending rules, will insist on a solicitor being involved. It's a matter between them and their lender and not one we can override

Land_Registry

BISCUIT1 wrote: »

Hi,
Can I just check if my understanding of this is correct..if there is a hedge between two properties and there are no inverted T marks on either properties' title plans to say who owns the hedge..does that mean it is a shared boundary and for example the management of any trees on it is a shared responsibility?
Many Thanks.

It simply means that there are no registered details. There may be other information to consider such as who has done what and when, or what a previous seller told you or your neighbour's at time if purchase.

If there is no information of any sort then the starting point is normally things being shared. But very much up to each of you to discuss and agree upon.

BISCUIT1

Land_Registry wrote: »

It simply means that there are no registered details. There may be other information to consider such as who has done what and when, or what a previous seller told you or your neighbour's at time if purchase.

If there is no information of any sort then the starting point is normally things being shared. But very much up to each of you to discuss and agree upon.

Thankyou very much for your reply:)

G_M

But there's a difference between ownership of the boundary and ownership of the hedge!


Is the hedge planted (ie the trunk of the hedge) directly on the boundary, or on one side or the other?
Does the boundary run directly down the centre of the hedge?
Who bought and planted the hedge (or seeds)?


Naturally each property-owner can clip/cut branches of the hedge which overhang their own land, irrespective of who owns the hedge, but if one property killed a hedge owned by the other, a claim could be made for the cost of replacement.


However the sensible course of action, whatever your plans, complaints, whatever regarding the hedge, is to sit down with the neighbour over tea and cake and mutually agree how to maintain (or replace) the hedge ignoring the legal rights and wrongs completely.

js1767

Hello, I really hope someone can help me please!

I extended the leasehold on my flat along with many of my neighbours after we purchased the freehold. The paperwork went to the Land Registry (LR) mid April and our solicitor informed us it would take 3-4 month as there was a backlog at the LR.

All of my neighbours had their leaseholds 2 months ago, it is now September and I'm still waiting for mine.

My solicitor did contact LR on my behalf two weeks ago. An LR manager was going to look into the matter and get the leasehold to me. I still haven't heard anything and my solicitor now isn't responding.

My daughter and I are crammed into a one bedroom flat and I need to put the property on the market to buy an two bedroom place but I can't do this until I get my leasehold extension.

Is there anyone from LR here who can advise me please? Or can I contact the LR or must it go through my solicitor?

Thanks in advance

Land_Registry

js1767 wrote: »

Hello, I really hope someone can help me please!

I extended the leasehold on my flat along with many of my neighbours after we purchased the freehold. The paperwork went to the Land Registry (LR) mid April and our solicitor informed us it would take 3-4 month as there was a backlog at the LR.

All of my neighbours had their leaseholds 2 months ago, it is now September and I'm still waiting for mine.

My solicitor did contact LR on my behalf two weeks ago. An LR manager was going to look into the matter and get the leasehold to me. I still haven't heard anything and my solicitor now isn't responding.

My daughter and I are crammed into a one bedroom flat and I need to put the property on the market to buy an two bedroom place but I can't do this until I get my leasehold extension.

Is there anyone from LR here who can advise me please? Or can I contact the LR or must it go through my solicitor?

Thanks in advance

There is a backlog but that reads as if it's too long a delay, especially if others are registered.
What's the title number allocated to your registration?
If you don't know it then contact us with the address and details and let us know when sent

wannaretireearly

Just wanted to say thank you for your reply. When we agreed to purchase the land, paying all costs, it was on the basis that the only fees involved were those charged by land registry and a solicitor for a contract of sale. It is suddenly becoming very expensive with the involvement of the Equity Release company charging £500 (possibly more) and initial solicitors quotes of £600 each plus vat (again possibly more) and all with the risk of the sale not going through if permission is not granted. Does anyone have any experience of an Equity Release Company (Legal & General) allowing something such as this? If we felt it would work then it would be worth the money but with no guarantee it is money we can not afford to gamble.