Land Registry questions

Land_Registry

Runningamuk wrote: »

Hi Land Registry
I recently bought a freehold for a converted house containing 2 flats, one of which i live in and one of which is leasehold. Details with the land registry confirmed that the leasehold for the flat i do not own was approx 65 years, so the value of this was part of my buying decision. I have subsequently discovered talking to the owner of the flat that the lease was extended by 99 years, over 10 years ago, prior to the purchase by the previous occupiers of my flat, but was clearly not registered with the Land Registry.

What is the status of that lease extension, as if it is valid i have a lost a considerable amount of equity in my purchase, and would not have continued with it without renegotiation with my vendor?

Very much one to seek legal advice on as if it's not registered you may have purchased free of the extension or may have a legal claim against seller/lessee.

The owner of the flat should have registered any extension of the term but you need to substantiate their claims first and go from there with legal advice

laskoibence

Land_Registry wrote: »

Laskoibence - it means that the solicitors acting will need to address the points we have raised before the case can proceed, so we will be reliant on them at this stage.

ok, please let me know if there is any updates. The vendor's solicitor told us, that they send to You all the documents, which You have asked for.:beer:

Land_Registry

laskoibence wrote: »

ok, please let me know if there is any updates. The vendor's solicitor told us, that they send to You all the documents, which You have asked for.:beer:

Laskoibence - The solicitors acting have now responded but this needs to be considered by a senior officer. We are not able to monitor for updates for posters on an ongoing basis, so please check with your solicitor for progress or post on here and we'll check again.

obeygiant1987

Hi Land Registry

Please can you advise in regards to application for adverse possession of a rentcharge for a property I am in the process of purchasing. The current property owner has owned the property for 12 years and the rentcharge had never been paid or demanded in that time.

The last claimant of the rent charge has passed away and the seller's solicitor has tracked down his son who advised the documents regarding the rent charge have been lost a while ago and they won't be demanding any payment and don't know who in the family is the current rent owner.

If I obtain a signed statement from the current owner of the property that it has not been demanded or paid in the 12 years they have owned the house would I be able to apply for adverse possession (ST2) with that statement post purchase of the house or would they need to make that application themselves prior to me purchasing the house?

Thanks

Anthony

Land_Registry

obeygiant1987 wrote: »

Hi Land Registry

Please can you advise in regards to application for adverse possession of a rentcharge for a property I am in the process of purchasing. The current property owner has owned the property for 12 years and the rentcharge had never been paid or demanded in that time.

The last claimant of the rent charge has passed away and the seller's solicitor has tracked down his son who advised the documents regarding the rent charge have been lost a while ago and they won't be demanding any payment and don't know who in the family is the current rent owner.

If I obtain a signed statement from the current owner of the property that it has not been demanded or paid in the 12 years they have owned the house would I be able to apply for adverse possession (ST2) with that statement post purchase of the house or would they need to make that application themselves prior to me purchasing the house?

Thanks

Anthony

Either of you can apply so it is more a question of whether you have the evidence required to make a successful application yourself or whether you want them to apply before you complete. The 'need' aspect is something only you/your conveyancer can assess.

SeasideSally

Hello Land Registry,

I hope you can help me. My husband and I own a leasehold flat, and we are currently in the process of selling it. We discovered that the garage that is included in the text of our lease, which we have used for fifteen years, was never included in our title plan; instead, it was included in our neighbours' plan.

Our solicitor, who submitted a form to Land Registry to have the plan altered at the end of last month, has told us that Land Registry have agreed that it is their error. Now, a month on, there appears to have been no progress with the application at all. According to our solicitor, Land Registry have been informed that there is a property sale involved, but we are no closer now to resolving the matter than we were a month ago. LR haven't even sent out a notice to our neighbours to inform them of the application, so the three week period allowed for them to object hasn't even begun yet.

The title number is ST221327. Is it possible for you to check what is happening with the application? We feel entirely in the dark, and it's causing a great deal of anxiety at the moment.

Thanking you in advance for any guidance you can give.

obeygiant1987

Thanks Land Registry

Are you able to provide any guidance on what evidence is usually required? I would need to ask my solicitor to request this from the seller prior to exchange so some guidance would be very helpful.

Land_Registry

SeasideSally wrote: »

Hello Land Registry,

I hope you can help me. My husband and I own a leasehold flat, and we are currently in the process of selling it. We discovered that the garage that is included in the text of our lease, which we have used for fifteen years, was never included in our title plan; instead, it was included in our neighbours' plan.

Our solicitor, who submitted a form to Land Registry to have the plan altered at the end of last month, has told us that Land Registry have agreed that it is their error. Now, a month on, there appears to have been no progress with the application at all. According to our solicitor, Land Registry have been informed that there is a property sale involved, but we are no closer now to resolving the matter than we were a month ago. LR haven't even sent out a notice to our neighbours to inform them of the application, so the three week period allowed for them to object hasn't even begun yet.

The title number is ST221327. Is it possible for you to check what is happening with the application? We feel entirely in the dark, and it's causing a great deal of anxiety at the moment.

Thanking you in advance for any guidance you can give.

Hi. Your solicitor is best placed to keep you up to date on progress as they can contact us directly through electronic business channels. I can confirm that the application was received on 2 October and we have needed to call for historical files and refer for the consideration of senior staff to consider fully what has happened and what is needed to resolve this. This is ongoing.

We do not appear to have received a request from the solicitors acting for the case to prioritised / expedited. You need to check with your solicitors about this - we need a request from them supported by evidence of the dependent transaction.

SeasideSally

Thank you, Land Registry. Your help is very much appreciated.

We do not appear to have received a request from the solicitors acting for the case to prioritised / expedited. You need to check with your solicitors about this - we need a request from them supported by evidence of the dependent transaction.

Oh heavens... so it's just been trundling along without anyone knowing there was a sale dependent on the change. We'll get in touch with our solicitor immediately.

Is it possible for you to estimate how long this process might take once it is expedited? We're very worried about losing our buyers.

Land_Registry

obeygiant1987 wrote: »

Thanks Land Registry

Are you able to provide any guidance on what evidence is usually required? I would need to ask my solicitor to request this from the seller prior to exchange so some guidance would be very helpful.

I'm afraid not and you will need to rely on your solicitor here as it us an understanding of the Limitation Act 1980 (section 38) and how that might be applied in the case if a rentcharge that is required

The only guidance we can offer is that from purely a registration perspective Ruke 188 of the Land Registration Rules 2003 applies and Form ST2 is provided for claimants but it's use is not compulsory.

You will very much have to rely on your solicitor's legal advice here