Land Registry questions

Land_Registry

laskoibence wrote: »

Hi Land Registry,

Any news about the restriction dis applying on this property?

MS563915

Hi. Not at the moment. It has been referred to a senior officer and once they've had an opportunity to consider, we'll have more idea as to progress.

balldred

Thanks for the update.

How long does Expediting take at the moment.
We were planning to complete next Tuesday (23rd), but obviously if you guys can't even look at an expedited transfer for a few working days, then that date is not going to happen.

I just want to give people (Buyers/Sellers/Movers) as much heads up as possible if the proposed dates have to change.

Thanks

Land_Registry

balldred wrote: »

Thanks for the update.

How long does Expediting take at the moment.
We were planning to complete next Tuesday (23rd), but obviously if you guys can't even look at an expedited transfer for a few working days, then that date is not going to happen.

I just want to give people (Buyers/Sellers/Movers) as much heads up as possible if the proposed dates have to change.

Thanks

You mention an expedited transfer but presumably your referring to the possible expedition of the restriction application? Requests can normally only be considered from the solicitor acting on the application. Once granted, we aim to consider an expedited application within 10 working days, but will usually consider quicker than this. Once the case is fully considered, we may have to raise a query with the solicitors acting if the application is not in order. Then the case cannot be completed until that is complied with. We may also need to service notice and hold the application to give an opportunity for an objection to be received. These are only possibilities but it is best if you're made of aware of this so as to manage your expectations and those involved in the transaction.

G_M

Anniebc44 wrote: »

Hi Land Registery.
My mother died and in her Will left her home to my sister and myself.
We have Confirmation of the Will (Scotland).
My niece wants to buy the house. Can we simply transfer it into her name as she is a family member?
Thank you

I believe the Land Registry Rep here is from the LR England/Wales. Scotland has a separate LR and a separate process for property transfers.


In Eng/Wales, cetainly the Executor of the will could sell the property direct to your niece and distribute the funds to the Beneficiaries (you and sister). But I cannot comment on Scotland.

davidmcn

Anniebc44 wrote: »

Hi Land Registery.
My mother died and in her Will left her home to my sister and myself.
We have Confirmation of the Will (Scotland).
My niece wants to buy the house. Can we simply transfer it into her name as she is a family member?

As G_M says, it's only the English/Welsh Land Registry represented here.

In theory you can DIY the transfer but if you don't know what you're doing it would be best to get a solicitor (or at least for your niece to instruct one, and she'd need to anyway if she's buying with a mortgage).

balldred

The property I am buying had a field attached on the origional title/deed. The field was sold to a 3rd party by the people I am buying the property from.

This transfer is to complete the registration of the sold field and hence update the title of the property i am buying.

We can't complete until the title is updated and ready (minus field).


Not sure if that is the restriction that you refer to

bigstevex

Land_Registry wrote: »

Impossible to be definitive re timescales as the detail you are looking at is in the main indicative only.
I assume the issues have been raised with the seller and they have raised it with us if applied for the title(s) to be amended. If just an Enquiry then 5/7 days fir a reply in average. If an actual application then anything from 10 days onwards and up to several weeks depending on what's needed and who has to be involved e.g seller, neighbour's and so on.

The main focus in my experience would be the unregistered part as that is more likely to rely on the seller more to explain and resolve.

The image is taken from MapSearch, used by our business users as a starting point re their investigation if the title(s) owned by the seller or others as appropriate.

Once the titles are effected then it's the title plan(s) you should be relying on re the general boundaries.

Any 'overlap' can be corrected by reviewing the title plans and providing that overlap is an indicative error only that issue can be resolved quite quickly.

The unregistered (white) part is a separate matter. If the land is indeed unregistered, and the seller is claiming title to it then they need to prove that to you as a buyer.

Whilst odd that a previous sale/purchase did not highlight the issue there could be reason(s) for that for example it's not an issue re the title plans v reality on the ground; or when the seller (then the buyer) did not raise it with their conveyancer when asked to look at the title plan() v reality on the ground. Not all buyers spot it and MapSearch may not have been available/used at that time.

Hi Land registry, thank you for the reply, apparently something was lodged today with the land registry, do you know if they've made a query or application and if they've expedited it at all, we're on the verge of losing our buyers/chain collapsing at moment? The sellers solicitors are appalling at contact/updates so not sure what they've lodged today
Title number is LA898100

Also, is it poor of our solicitor to have only picked this up as we're about to exchange? If as you say it's the starting point for them checking the title plans then it should have been picked up in July/August when we started the conveyancing process.

Land_Registry

Anniebc44 wrote: »

Hi Land Registery.
My mother died and in her Will left her home to my sister and myself.
We have Confirmation of the Will (Scotland).
My niece wants to buy the house. Can we simply transfer it into her name as she is a family member?
Thank you

You'll need to contact the Registers of Scotland. As G_M posted we deal with England & Wales

Land_Registry

bigstevex wrote: »

Hi Land registry, thank you for the reply, apparently something was lodged today with the land registry, do you know if they've made a query or application and if they've expedited it at all, we're on the verge of losing our buyers/chain collapsing at moment? The sellers solicitors are appalling at contact/updates so not sure what they've lodged today
Title number is LA898100

Also, is it poor of our solicitor to have only picked this up as we're about to exchange? If as you say it's the starting point for them checking the title plans then it should have been picked up in July/August when we started the conveyancing process.

Hi. At the time of writing, we haven't received any recent application or search against that title - LA898100 .

Land_Registry

balldred wrote: »

The property I am buying had a field attached on the origional title/deed. The field was sold to a 3rd party by the people I am buying the property from.

This transfer is to complete the registration of the sold field and hence update the title of the property i am buying.

We can't complete until the title is updated and ready (minus field).


Not sure if that is the restriction that you refer to

balldred - sorry for the confusion, please disregard our previous reply. I can confirm that the Transfer application has been expedited and considered. I regret that we have needed to raise a couple of points with the solicitors acting for the case to be in order. Once these are resolved, the case can be completed.