Land Registry questions

Land_Registry

Trixsie1989 wrote: »

Hi land registry people

We currently own a house that has a shared drive with a neighbour. Both parties are in agreement to get the shared part of deeds rewritten and agree new boundary line between the two house, how do we go about changing the deeds with land registry please?

Thank you!

If land is being transferred then our online guidance will assist
If it's being exchanged then section 3 of our PG also assists

If the properties are mortgaged then you'll need to involve your lenders and most likely get their consents. They are likely to insist you use conveyancers also.

If the change also alters the easements (rights) re the shared access then that also needs to be considered

We would strongly advise getting legal advice/assistance

Land_Registry

Evkiev wrote: »

Hi Land Registry, I hope you can help us! We're in the process of buying a property that is unregistered. Our solicitor originally said that this would pose no problem as we could register after exchange and completion, however, it has come to light that an additional owner was added to the mortgage in 1993 and the property should have been registered at this time but was not. This person is the current owner, the other person now being deceased.

Would this add complications if we were to register after exchange and completion? Our solicitor has advised that the vendor produces documentation to explain the lack of registration in '93 or registers it themselves so can transfer the registration as part of the purchase. The former seems unlikely and the latter sounds like a lengthy process and the chain below us is putting pressure on us to complete.

Really appreciate any advice that you can offer on this!

Evkiev

The issue will be the circumstances under which the person was "added to the mortgage" - that can happen without a change of legal ownership as you can have more borrowers but you can't have less legal owners borrowing, if you see what I mean.

If the seller B is someone who is not the legal owner, namely there is no legal deed transferring the legal ownership from A to Borrowers A and B, then that is required.
If A is deceased and the "added to the mortgage" did not mean the ownership change as mentioned took place, then you are likely to need to buy from the executor of A's estate.

Evkiev

Land_Registry wrote: »

The issue will be the circumstances under which the person was "added to the mortgage" - that can happen without a change of legal ownership as you can have more borrowers but you can't have less legal owners borrowing, if you see what I mean.

If the seller B is someone who is not the legal owner, namely there is no legal deed transferring the legal ownership from A to Borrowers A and B, then that is required.
If A is deceased and the "added to the mortgage" did not mean the ownership change as mentioned took place, then you are likely to need to buy from the executor of A's estate.

Many thanks for the quick reply. I've forwarded this to our solicitor. If seller B is the executor of A's estate, do you think we'll be able to register it after completion, as long as we can prove that she is the executor?

Grantlf420

Hi Land Registry,

ref VA1535F.

Just wondering if this is in the pile for consideration tomorrow or it it’s managed to be looked at already?



Thank you!

UpTheBlades89

Hi Land Registry!

Hoping you can help.

Going to try and cut a long story short. My dad put the family home in to a trust, making my dad, brother, sister and myself beneficial owners (restriction was put in place). No money exchanged etc, was just to put the house in to a trust when my mum passed in case anything happened to my dad.

Anyway, my partner and I are set to complete on our first home. This will by both hers and my first purchase but we were all saddened to learn that because the trust fund was set up, I was no longer classed as first time buyer. This led to the loss of the ISA Bonus but also meant we were liable for the higher rate of stamp duty.

The decision was made to remove me from the trust fund on the family home meaning we would only have to pay the lower rate of SD. My dad organised this with his solicitors almost 4 months ago now, and we're yet to hear from the Land Registry that I have been removed. My partner and I are due to complete in 4-6 weeks on our home and I'm now concerned that I will still be a beneficial owner of the family home on completion date.

Can you please explain the implications of this? I was hoping the process for removing me from the trust would be much quicker than what it has taken to date and I'm sure you can understand my worry over the potential higher rate of stamp duty. Is there a number we can contact to escalate? What happens on the date of completion if Land Registry still haven't actioned the removal of me from the trust? Thanks in advance

Land_Registry

Grantlf420 wrote: »

Hi Land Registry,

ref VA1535F.

Just wondering if this is in the pile for consideration tomorrow or it it’s managed to be looked at already?



Thank you!

Hi. I can confirm the case has been under active consideration. We needed to contact the solicitors acting on 8 October for a number of points to be resolved before the case can proceed. We received a partial reply from them on 11 October and are now awaiting a response on the remaining points.

Land_Registry

UpTheBlades89 wrote: »

Hi Land Registry!

Hoping you can help.

Going to try and cut a long story short. My dad put the family home in to a trust, making my dad, brother, sister and myself beneficial owners (restriction was put in place). No money exchanged etc, was just to put the house in to a trust when my mum passed in case anything happened to my dad.

Anyway, my partner and I are set to complete on our first home. This will by both hers and my first purchase but we were all saddened to learn that because the trust fund was set up, I was no longer classed as first time buyer. This led to the loss of the ISA Bonus but also meant we were liable for the higher rate of stamp duty.

The decision was made to remove me from the trust fund on the family home meaning we would only have to pay the lower rate of SD. My dad organised this with his solicitors almost 4 months ago now, and we're yet to hear from the Land Registry that I have been removed. My partner and I are due to complete in 4-6 weeks on our home and I'm now concerned that I will still be a beneficial owner of the family home on completion date.

Can you please explain the implications of this? I was hoping the process for removing me from the trust would be much quicker than what it has taken to date and I'm sure you can understand my worry over the potential higher rate of stamp duty. Is there a number we can contact to escalate? What happens on the date of completion if Land Registry still haven't actioned the removal of me from the trust? Thanks in advance

We register the legal ownership and it appears that in this case your dad has remained as the registered owner with a restriction to protect the beneficial ownerships under the trust deed. We wouldn't usually make any reference to the beneficial owners on the title register so removing you from the trust deed wouldn't appear to directly affect us

It might be worth checking with your dad's solicitors if you have not already done so. If there is an application pending with us, those solicitors can ask for it to be prioritised citing your dependent transaction.

We are not involved with the sale process and you may want to get legal advice of your own if you are unsure of the position regarding the completion of your own purchase.

RJC3010

Hi Land Registry team,
I'm just starting the process of getting my flat valued to sell. I live in a newly built block of flats (2015) with 8 other flats - bought from new and pay ground rent and service charges.
Upon having the valuations from various estate agents they have asked about the length of lease left. I had no idea so I've gone back over the land registry documents, contract and deeds but found they all confirm my tenure is "Freehold".
I think this is a mistake as surely it should be "Leasehold"?
I've paid for the Land Register online and it does confirm it's Freehold with the Proprietor as myself.
I'm sure this must just be an error submitted from when I purchased but unsure where to go from here?
Contact Land Registry direct to try and change it, or seek advice from the solicitor I used when I bought the property?
Any advice would be appreciated.
Thank you.

polgara2003

Edit: I recognise the limits of Land Registry's info regarding the purchase and sale of property - please feel free to only address that which is relevant to your administration!

Hello there! First time posting - I hope I explain myself sufficiently.

We're preparing to buy and sign the contract on a house in Wales - upon visiting the property, the current owner suggested that she will be keeping part of the garden to the north (fenced off from the main plot with house south). However, upon inspecting the title plan handed to us by the solicitor, the 'red line' which indicates the property boundary encompasses both the main plot with house, and the extended garden beyond the fence.

Is there such a thing as a verbal agreement that holds weight when selling a property, or a method by which the current owner could 'split' the property without this being overt on the title plan handed to us? Or, has the land that she stated she was keeping being included in the sale?

Note: The only colours present on the copy of the title plan is the red outline, and highlighted access route. No green lines, or otherwise to suggest anything within the red line is omitted from the property.

Thank you!

G_M

1)

Is there such a thing as a verbal agreement that holds weight

no. What matters is the written contract

2) but the Title Plan you are looking at is the current Title, which obviously includes the entire existing land

3) I would anticipate that when you get the contract it will include a Plan showing what is included in the sale. This will also be reflected in the Land Registry transfer document, which will be a TP1 (transfer of part) as opposed to the normal TR1 (transfer of whole).

4) when the Land registry receive this, they will split the current Title into two: the current Title Plan will be amended to show the reduced garden, and a new Title will be created for the bit of garden the sellers are retaining.