Land Registry questions

Land_Registry

Chi-me wrote: »

We have offered on a cottage and been accepted. Our solicitor sent the Land Registry boundary information. The cottage has a separate garden bought in two lots over about four years. Between the back yard and this garden (with car hard standing) there is a gravel access road along the back of the whole row of cottages.

Neither the seller's solicitor or mine have picked up that neither the boundary of the garden or ownership and service of the access road, or easements granted have been provided. I need to know that the parcel of land is free hold and that I don't need to pay for the road upkeep surely? The LR boundary for the cottage merely shows the cottage and back yard, the garden is greyed out. I hope that makes some sense, FTB and my head is about to cave in. I've e-mailed my solicitor but she is away for a week now.

Any advice would be appreciated.

Only advice is to go the route chosen and IF land included in the sale is not included in the seller's registered title then query it with the seller - standard conveyancing and they are the only Ines who can provide the answer(s) initially.

The rights/easements are also relevant but what's needed there will depend in the answer(s) the seller provides

By 'greyed our' I'm guessing the land is unregistered. If so then it will invariably depend in the seller being able to claim ownership. Our PGs 4 and 5 explain the registration needs

This can happen where extra land is acquired whether bought and registered it claimed. If no 'deeds' exist for the unregistered land then it's all about proving and claim. A complex area if the law so whilst it can be frustrating if the seller has been there a while then it may not be such an issue but it will take several weeks to resolve and register I suspect

bigstevex

Land_Registry wrote: »

We have received a reply, but need to check what it covers. We'll get back to you asap.

Hi, Was this response meant for me, you’ve got me excited now

Land_Registry

bigstevex wrote: »

Hi, Was this response meant for me, you’ve got me excited now

Sorry bigstevex - posted in error. Checked LA898100 and still nothing showing.

Land_Registry

Grantlf420 wrote: »

Hi Land registry,

Sorry to ask again but have you had any further response on VA1535F

If not I will chase up the sellers solicitors
Thanks

We have received a reply, but need to check what it covers. We'll get back to you asap.

bigstevex

Land_Registry wrote: »

Sorry bigstevex - posted in error. Checked LA898100 and still nothing showing.

No problem, thought it was too good to be true

Apparently their conveyancer has now said they don’t know how to resolve it.

Looks like when a transfer occurred in the past (one big plot broken up and 2 other smaller plots combined into ours in the early 1990s when the estate was built), the hand drawn outlines dont correlate onto the land registry os layout causing the strange overlaps and ‘unregistered’ bits as per original picture.

Does this sound like something that should really be causing so much trouble that’s impossible to sort?

Land_Registry

laskoibence wrote: »

Thank You, any idea how long does it take? We are thinking to withdraw our offer, as we do not progress at all. MS563915

Further to our previous post, I can confirm that this has now been considered, but we have needed to write out to the solicitors acting as action is required by them for the case to be in order.

Charfdh93

Hi
Hoping for some advice. Currently selling my grandmothers home and the TR1 has been sent off.
My mother and uncle inherited the property as sole heirs.
My Nan and grandad jointly owned the property.
We’re being asked if my Nan completed probate when my grandad passed away 8 years ago but unfortunately we do not know.
My Nans probate is all completed but will it cause us problems will selling if we cannot guarantee my Nan ever completed probate when my grandad died?
Both wills confirm the other to inherit everything when they passed away and then onto children if the other had already died.
Can the TR1 be completed based on my Nans probate only or will it cause problems if the deeds are registered in both names still?
Thanks in advance for any help you can provide.

laskoibence

Land_Registry wrote: »

Further to our previous post, I can confirm that this has now been considered, but we have needed to write out to the solicitors acting as action is required by them for the case to be in order.

@landregistry

Good Afternoon, thanks for the update.
What does it mean for us? Will the restriction removed soon, so we can do the exchange?

Land_Registry

Charfdh93 wrote: »

Hi
Hoping for some advice. Currently selling my grandmothers home and the TR1 has been sent off.
My mother and uncle inherited the property as sole heirs.
My Nan and grandad jointly owned the property.
We’re being asked if my Nan completed probate when my grandad passed away 8 years ago but unfortunately we do not know.
My Nans probate is all completed but will it cause us problems will selling if we cannot guarantee my Nan ever completed probate when my grandad died?
Both wills confirm the other to inherit everything when they passed away and then onto children if the other had already died.
Can the TR1 be completed based on my Nans probate only or will it cause problems if the deeds are registered in both names still?
Thanks in advance for any help you can provide.

Dealing with the legal ownership as part of a deceased owner's estate can be complex and your post is unclear as to the details needed to unravel that complexity from the legal ownership angle e.g you mention selling your grandmother's home but then refer to your Nan and Grandad owning the property. Is that three distinct individuals?

And you say the TR1 has been sent off - who is the Transferor and who has it been sent to?

A few pointers may help to unravel the complexities re the legal ownership but please do bear in mind that death/inheritance also affect the beneficial ownership so rarely is it solely something we can unravel for you as we register the legal ownership and are less involved in the beneficial one.

Beneficiaries can inherit a property but never actually transfer the legal ownership. In order to sell there has to be a transfer if the legal ownership hence difficulties can arise where someone inherits, they pass away and the legal ownership has not been changed.

So is the property registered and if so who is/are registered as the legal owner(s)?
What has then happened and who is trying to sell and in what basis?
Are grandmother and Nan the same person?

stickysituation

Hi land Registry

Currently purchasing a property which we have today found out is unregistered and the deeds are lost the current owners (brothers who both live there) inherited the house from their mother they have lived there for 40plus years and have now taken an indemnity insurance out to cover in case someone came out of the woodwork laying claim to the property which they are confident there won’t be .
I’m aware this is going to throw massive issues as they will have to prove ownership sending any evidence they have they have been informed this will take in excess of 6 months does this sound about right? Can things go wrong here or is it just simply a lengthy process
We are unsure whether to ride it out as they have offered to rent us the property whilst it is all cleared up or just pull out altogether