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Land Registry questions
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Comments
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Hello,
My partner and I purchased a leasehold flat in London last year. Sometime in the next few years we anticipate selling it so that we can move to another city.
When we were in the process of buying, we had to deal with a delay of several months, caused by the seller's solicitors not acting on our request that they comply with a restriction on the title that means any sale has to be accompanied by a 'certificate of compliance' from the freeholder before a sale can complete.
Eventually, the freeholders solicitors provided the certificate and the sale completed, but I don't want any future sale we make to be held up by the same issue. In our case the freeholder is a huge company that owns all the blocks of flats in our complex. The wording of the restriction is:
RESTRICTION: No disposition of the registered estate(other than a charge) 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 certificate signed by the proprietor for the time being of the estate registered under title number TGLXXXXXX that the provisions of paragraph 3 of schedule 2 of the registered lease have been complied with.[/I]
What I want to know is how to apply to remove this restriction.
From reading the guidance on gov.uk I believe it's an RX3 form?
It states that any application to remove a restriction should come with supporting evidence of why the removal is necessary. I wondered what kind of evidence is considered sufficient, for example the potential hold up of a sale.
I have also seen that there are two new restrictions listed since our purchase on the updated title deed, worded as:
RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the
court.
RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the Charge dated 12 July 2017 in favour of Santander UK PLC referred to in the Charges Register.
Will these two new restrictions cause me similar problems when the time comes to sell?
Or are they standard restrictions as a result of taking out a mortgage and the bank having an interest?
Any info appreciated.0 -
What makes you think that you have a right to remove this charge?
I suspect you don't. The restriction is probably in place to protect an obligation to the freeholder to get consent to assignment of the lease / register assignment of the lease.
Firstly you need to look at what paragraph 3 of schedule 2 of the registered lease says as this is the obligation to which the restriction relates. Can you provide the wording?
The restriction you have in relation to Santander is because you have a mortgage. That will get removed when you pay off your mortgage.0 -
wannaretireearly wrote: »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.
We would not know as we register the final outcome so we only see those that 'succeed'
If the land is 'worthless' re the actual secured property then the odds would presumably be in your favour that they would consent and release it. But only the owner and lender can really answer your question as only they will know the realities involved here“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 -
Hello,
My partner and I purchased a leasehold flat in London last year. Sometime in the next few years we anticipate selling it so that we can move to another city.
When we were in the process of buying, we had to deal with a delay of several months, caused by the seller's solicitors not acting on our request that they comply with a restriction on the title that means any sale has to be accompanied by a 'certificate of compliance' from the freeholder before a sale can complete.
Eventually, the freeholders solicitors provided the certificate and the sale completed, but I don't want any future sale we make to be held up by the same issue. In our case the freeholder is a huge company that owns all the blocks of flats in our complex. The wording of the restriction is:
RESTRICTION: No disposition of the registered estate(other than a charge) 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 certificate signed by the proprietor for the time being of the estate registered under title number TGLXXXXXX that the provisions of paragraph 3 of schedule 2 of the registered lease have been complied with.[/I]
What I want to know is how to apply to remove this restriction.
From reading the guidance on gov.uk I believe it's an RX3 form?
It states that any application to remove a restriction should come with supporting evidence of why the removal is necessary. I wondered what kind of evidence is considered sufficient, for example the potential hold up of a sale.
I have also seen that there are two new restrictions listed since our purchase on the updated title deed, worded as:
RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the
court.
RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the Charge dated 12 July 2017 in favour of Santander UK PLC referred to in the Charges Register.
Will these two new restrictions cause me similar problems when the time comes to sell?
Or are they standard restrictions as a result of taking out a mortgage and the bank having an interest?
Any info appreciated.
The first restriction is there to protect the terms of the Transfer as mentioned and to ensure future owners 'sign up' to the same conditions.
Cancellation (by you) would be form RX3 plus supporting evidence as you suggest e.g. the consent of the owner of the estate. Very unlikely to be obtained unless the conditions are no longer relevant - again unlikely.
Alternative evidence might be a court order dismissing the need but again unlikely except in extreme cases
The second restriction is a form A restriction which relates to your joint ownership - provided you both sell then it won't be an issue. It restricts a sole surviving owner in selling/mortgaging as per it's wording.
The third restriction is a standard one used by most lenders to assist in protecting their legal charge (mortgage). When you sell the legal charge is redeemed and the restriction is cancelled along with the charge. It should not be an issue providing you redeem the mortgage of course“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 -
Hi
Please help.
Re TR1- Question3.9 Panel 9: title guarantees: Our flat is a leasehold flat with no mortgage. Therefore, do I put a tick in box 2 ie Limited title guarantee as it's a leasehold flat?
Once I've sent the TR1 and the other form re our ID to land registry and then receive the new deeds/register details, do I then forward it to the leaseholder for them to do their bit?
Our flat is in a small block of 6 flats is managed by a management agent who issues a share certificate and has their own charges
We are gifting the 300k flat to one of our children who is 22 yrs old.
Thank you in advance.0 -
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 replacemen
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.
Hi GM and thanks...its a field hedge but the issue is massive trees sat within it that need cutting back..I don't have any T's on my plans for this boundary so assumed it was the sports clubs next door..they don't have any either on their plans that I have down loaded...hoping worst case they will go halves..we do get on well so hoping this works out.0 -
paulinefromtheuk wrote: »Hi
Please help.
Re TR1- Question3.9 Panel 9: title guarantees: Our flat is a leasehold flat with no mortgage. Therefore, do I put a tick in box 2 ie Limited title guarantee as it's a leasehold flat?
Once I've sent the TR1 and the other form re our ID to land registry and then receive the new deeds/register details, do I then forward it to the leaseholder for them to do their bit?
Our flat is in a small block of 6 flats is managed by a management agent who issues a share certificate and has their own charges
We are gifting the 300k flat to one of our children who is 22 yrs old.
Thank you in advance.
We can't advise you on how to complete those detaisl I'm afraid and as explained in the online notes to assist with form TR1's completion
What is their bit? I assume you are actually transferring the leasehold from your joint names to one of your children. So is it not the freeholder you then notify re the changes made?“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 -
Hi
How long are 1st registrations currently taking? We bought an unregistered house in July and have been advised by our solicitor it could take some time, but was wondering how long?
Thanks!0 -
Hi
Please help.
Re TR1- Question3.9 Panel 9: title guarantees: Our flat is a leasehold flat with no mortgage. Therefore, do I put a tick in box 2 ie Limited title guarantee as it's a leasehold flat?
Once I've sent the TR1 and the other form re our ID to land registry and then receive the new deeds/register details, do I then forward it to the leaseholder for them to do their bit?
Our flat is in a small block of 6 flats is managed by a management agent who issues a share certificate and has their own charges
We are gifting the 300k flat to one of our children who is 22 yrs old.
Thank you in advance.
Regarding the TR1 - I assume that you are named on the title deeds as the registered proprietors of the property, in which case you would be selling as Full Title Guarantee. Limited Title Guarantee is where the person selling is an executor/POA or lender (repossession) and is not the registered proprietor named on the title.
You will need to submit the TR1, AP1 and ID1 to Land Registry.
Are you doing your own conveyancing? Family transactions are quite a complicated and grey area and if you are not sure what you are doing, you should instruct a solicitor. Are you transferring the property for under value? Is the transaction a normal Sale and Purchase, or a Deed of Gift (you will need to prove you are not insolvent and will probably have to obtain separate legal advice) or are you adding your daughter to the title i.e a Transfer of Equity? There may be tax (capital gains and inheritance) and stamp duty implications.
With regard to "the leaseholder doing their bit", I think you mean the freeholder. They will need to be contacted as they will need to assign the lease to your daughter and issue a share certificate in her name. There may be documents she needs to sign, such as a Deed of Compliance/Covenant and Notices to be served. Some managing agents will expect a solicitor to draw up the documents and there will be fees to be paid in this respect.0 -
Please help.
Re TR1- Question3.9 Panel 9: title guarantees: Our flat is a leasehold flat with no mortgage. Therefore, do I put a tick in box 2 ie Limited title guarantee as it's a leasehold flat?
Once I've sent the TR1 and the other form re our ID to land registry and then receive the new deeds/register details, do I then forward it to the leaseholder for them to do their bit?
Our flat is in a small block of 6 flats is managed by a management agent who issues a share certificate and has their own charges
We are gifting the 300k flat to one of our children who is 22 yrs old.
Thank you in advance.
Regarding the TR1 - I assume that you are named on the title deeds as the registered proprietors of the property, in which case you would be selling as Full Title Guarantee. Limited Title Guarantee is where the person selling is an executor/POA or lender (repossession) and is not the registered proprietor named on the title.
You will need to submit the TR1, AP1 and ID1 to Land Registry.
Are you doing your own conveyancing? Family transactions are quite a complicated and grey area and if you are not sure what you are doing, you should instruct a solicitor. Are you transferring the property for under value? Is the transaction a normal Sale and Purchase, or a Deed of Gift (you will need to prove you are not insolvent and will probably have to obtain separate legal advice) or are you adding your daughter to the title i.e a Transfer of Equity? There may be tax (capital gains and inheritance) and stamp duty implications.
With regard to "the leaseholder doing their bit", I think you mean the freeholder. They will need to be contacted as they will need to assign the lease to your daughter and issue a share certificate in her name. There may be documents she needs to sign, such as a Deed of Compliance/Covenant and Notices to be served. Some managing agents will expect a solicitor to draw up the documents and there will be fees to be paid in this respect.0
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