Land Registry questions

Londora

Land_Registry wrote: »

Londora - At the time or writing, we have not received an expedition request for this application. The application was received on 7 September and is awaiting processing. It is difficult to give an estimated time for completion at this stage as once the application is fully considered, we may have to contact the solicitors acting to resolve any outstanding points for the application to be in order.

Thank you very much for this. Any idea when processing may start? Next Friday (30th) would take us to 60 working days since submission, which is what I've read is the average time for lease extensions to be processed. Is this still the case?

Haven't managed this week to get either my solicitor or estate agent to contact the lease extension's solicitor, so I'm wondering at this point whether it's best to just wait for processing to happen without expedition.

Title number: EGL405320

laskoibence

Land_Registry wrote: »

Still pending

As you are receiving contradicting information can I ask you to contact your own conveyancer please to ask them to check and confirm

I suspect they have access to our business e-services which will enable them to carry out the same check.
They should also be the ones to advise you on when you are ready to exchange

I will do that, thank You.

Land_Registry

Londora wrote: »

Thank you very much for this. Any idea when processing may start? Next Friday (30th) would take us to 60 working days since submission, which is what I've read is the average time for lease extensions to be processed. Is this still the case?

Haven't managed this week to get either my solicitor or estate agent to contact the lease extension's solicitor, so I'm wondering at this point whether it's best to just wait for processing to happen without expedition.

Title number: EGL405320

Processing is likely to start soon, but I will contact you again next week when I should have more of an idea. Average processing times are still around 60 working days.

Expedition will ensure that the case proceeds as quickly as possible through each stage, but if queries do arise then we will obviously be dependent on the solicitors acting to resolve these regardless of any expedition.

Land_Registry

Land_Registry wrote: »

Processing is likely to start soon, but I will contact you again next week when I should have more of an idea. Average processing times are still around 60 working days.

Expedition will ensure that the case proceeds as quickly as possible through each stage, but if queries do arise then we will obviously be dependent on the solicitors acting to resolve these regardless of any expedition.

Londora - further to my previous post, I have checked the position & it will be around 4 weeks before we will be in a position to start processing the case. The average quoted does cover a wide a range applications that involve the creation of a new register and so is only a general guide.

If we do receive a request for expedition and this is successful, we would aim to consider the case within 10 working days.

awais90

Hi there,
I am a newbie to these forums but have long benefitted from the posts/response on these forums.
I would also like to thank Land registry for reaching out to us to answer questions.

My situation is unusual - I own a first floor flat in a 4 flat property (2 connected semi detached houses - each with a ground floor and first floor flat) all 4 of us own part of the freehold covering the combined 2 house property (arranged as 4 flats)

When I purchased a small side plot (around 20 foot wide) 9 years ago adjacent to the houses/flats there was a restrictive covenant put in place;

'The Transferee hereby covenants with the Transferor to the intent that the burden of this covenant may run with and bind the property and every part thereof and to the intent that the benefit thereof may be annexed to and run with each and every part of the remainder of title XXXXXXXX not to use the property other than as a private garden and for off street parking'.

At the time I was unsure why this was required but went along with it. I am looking to split the freehold to this land and was wondering if the covenant will still be in place for both freehold pieces of land, or whether it would just affect the land title in the subdivided part right next to the property? I don't understand why this covenant was initially put in place anyway, as it has no impact on their properties. Is there any way to have this covenant removed? As there are 4 freeholders (me being 1) would I need permission from all 4 freeholders to have it removed, or would it have to be the majority?

Also I have been discussing the prospect of splitting the freehold for the 2 houses (excluding the land held as freehold in my name only) so that each houses would have 2 properties (1 for the ground floor and 1 for the first floor) instead of 4 properties included under 1 freehold title, as they are both semi detached and I don't know why this wasn't done in the first place. Would this be difficult to do in your opinion?

Also if the freehold were to be split into 2 for the 4 flats (1 freehold title per semi detached house arranged as 2 flats), would the covenant on the separate freehold land remain unchanged?

Thank you for taking the time to read this, and I look forward to hearing your response

Land_Registry

awais90 wrote: »

Hi there,
I am a newbie to these forums but have long benefitted from the posts/response on these forums.
I would also like to thank Land registry for reaching out to us to answer questions.

My situation is unusual - I own a first floor flat in a 4 flat property (2 connected semi detached houses - each with a ground floor and first floor flat) all 4 of us own part of the freehold covering the combined 2 house property (arranged as 4 flats)

When I purchased a small side plot (around 20 foot wide) 9 years ago adjacent to the houses/flats there was a restrictive covenant put in place;

'The Transferee hereby covenants with the Transferor to the intent that the burden of this covenant may run with and bind the property and every part thereof and to the intent that the benefit thereof may be annexed to and run with each and every part of the remainder of title XXXXXXXX not to use the property other than as a private garden and for off street parking'.

At the time I was unsure why this was required but went along with it. I am looking to split the freehold to this land and was wondering if the covenant will still be in place for both freehold pieces of land, or whether it would just affect the land title in the subdivided part right next to the property? I don't understand why this covenant was initially put in place anyway, as it has no impact on their properties. Is there any way to have this covenant removed? As there are 4 freeholders (me being 1) would I need permission from all 4 freeholders to have it removed, or would it have to be the majority?

Also I have been discussing the prospect of splitting the freehold for the 2 houses (excluding the land held as freehold in my name only) so that each houses would have 2 properties (1 for the ground floor and 1 for the first floor) instead of 4 properties included under 1 freehold title, as they are both semi detached and I don't know why this wasn't done in the first place. Would this be difficult to do in your opinion?

Also if the freehold were to be split into 2 for the 4 flats (1 freehold title per semi detached house arranged as 2 flats), would the covenant on the separate freehold land remain unchanged?

Thank you for taking the time to read this, and I look forward to hearing your response

The covenant binds the whole of the land so if it were split in two both parts would be bound by it still

Removal of the covenant would require an application supported by the release of the covenant by the owners of the benefiting land. That can be a rare occurrence as identifying the benefiting land is not always possible but it seems that this may be quite clear and obvious. You would need a legal deed executed by all the benefiting landowners releasing the covenant

Any split of the freehold would presumably be done by the current 4 freehold owners transferring each part. Or transferring one part and then transferring the remaining whole.

The transferring of the freehold re the houses/flats would not affect the covenant registered on the land to the side.

I would recommend that you seek legal advice/assistance re all of the aspects you refer to

laskoibence

@landregistry

Can You check if there is any updates regarding to the restrictions please?

MS563915

awais90

Many thanks for your help and providing clarity.

Would the benefitting owners now be 2 parties as apposed to 4 if the freehold was split into two from the current 1?

babyblade41

We are in real despair as the property we are buying was not registered although deeds and a OS map of the property are available .
Our vendors solicitor made an error on the first registration omitting the back garden.
Land registry advised to do an amendment on an expedited request as our buyers had to exchange.
This was then rejected contrary to the advice of land registry initially and vendors solicitor was told to now submit an adverse possession.
All documents relating to the property go back to 1920's

This again was done on expedited request as our buyers have to vacate their property 7th December

We now find out last Tuesday that a site visit is necessary ..needless to say our buyers won't be able to change their completion date and are trying to find somewhere to stay urgently.

We have also had to re-arrange my husbands defibrillator monitor to be switched back to our original hospital which can possibly leave him un monitored ( we are moving out of district)

We were assured by land registry that they understand the urgency but still no date has been arranged for the site visit.

All this means our buyers and ourselves can't be home for xmas which we all never thought the LR would take so long especially when all docs were available plus statement of truth, plus a Current OS map so not sure why another OS is needed.

Could someone please help as we are all at our wits end .. at least a date for a site visit would be helpful, but the LR still hasn't arranged even though the applications were all expedited with agreement ... I have asked direct but LR state they can't talk to me about specific applications and to ask solicitor , but we have and they have tried to get an answer with no luck . Could someone please help us ??

Land_Registry

laskoibence - we recently received some further correspondence and documentation from the solicitors acting and this has been referred to a senior officer to consider. This should be done shortly.