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Land Registry questions

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  • 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.

    Thank You for the update! :)
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Anyone know if £115.20 (£96+VAT) is the going rate for an ID1 form.
    That's in central London. I can travel if the time/cost is not prohibitive.
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I've just found somewhere that will do it for £10 - weird but happy.
  • Land_Registry
    Land_Registry Posts: 6,143 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    awais90 wrote: »
    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?

    The benefit goes with the land, not the individuals. So if the covenant was imposed for the benefit of the whole freehold land (and therefore buildings) if you split them the two parts have the benefit.
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Land_Registry
    Land_Registry Posts: 6,143 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    edited 1 December 2018 at 8:03AM
    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 ??

    I believe we have helped you via both your Facebook and our own online forum posts.
    As explained on the forum a survey is invariably required when land is claimed as whilst you and the seller may be happy with the reality on the ground we are required to 'take a look too'. We use OS surveyors to carry that out for us and as also explained on our forum the survey we require is 'different' to the one OS may have done for their own mapping purposes previously.

    To put it in simple terms we get 'a claim' that states that 'it's been fenced that way for the last 20 years.......' so we need to check. I'm sure it's not the case here but I have experienced claims where the survey reports 'a nice new fence is in place' so hopefully you can appreciate the need.

    As we rely on OS to carry out the survey we make the request and explain the urgency. They aim to do it asap and usually within a week but we quote two to manage expectations. But timescales will vary as we have hundreds of surveys in play and one to two thousand expedited applications being processed at any given time.

    As far as the registration is concerned, and as you are aware, the original first registration excluded part of the garden as the title deeds did not, in our view, confirm ownership. The excluded land is sizeable.

    It seems from your comments that the solicitors involved felt that the deeds proved title and the sale/purchase proceeded on that basis. Is that correct? What was the timeline re the original first registration and your completion?

    Whilst we do our best to assist buyers in such cases we must take account of who actually submitted the application and on whose behalf when providing either specific or general details re it's progress. We can certainly advise on the registration process and general requirements but it's for your solicitor and the sellers' solicitor to explain the specifics and to manage your expectations re the timings around exchanging contracts/completing and so on.

    The sellers' solicitor will be aware of the need for a survey also and they/the seller will be notified by letter that a survey is needed. The surveyor will arrange the site visit so if you need to know when that is please rely on the seller

    You are also aware via our forum that after the survey, if it backs up the claim, we may have to contact adjoining registered property owners as a further check. That will involve a further delay if those checks are required.

    I do appreciate how stressful this can be and the impact your husband's health is having also. If the seller's' solicitor believes we have erred in advice previously given or how we have handled their applications then they should raise them with us to investigate and respond to. Issues around the timing of exchange/completion woukd be dealt with by the solicitors involved

    I hope things now move forward as expeditiously as possible for all concerned
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Spazter
    Spazter Posts: 35 Forumite
    Part of the Furniture
    I have received an email alert from HM Land Reistry on my property deeds reference number on Friday at 16.49 by Newton’s Solicitors Ltd with a customer ref number. I have no idea what this is as not selling or borrowing.

    I can’t get hold of anyone as all now closed until Monday. Anyone know what this is and how someone can lodge an application against deeds that are not theirs?
  • Land_Registry
    Land_Registry Posts: 6,143 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Spazter wrote: »
    I have received an email alert from HM Land Reistry on my property deeds reference number on Friday at 16.49 by Newton’s Solicitors Ltd with a customer ref number. I have no idea what this is as not selling or borrowing.

    I can’t get hold of anyone as all now closed until Monday. Anyone know what this is and how someone can lodge an application against deeds that are not theirs?

    What's the reference number? Namely the title number against which you've placed the alert
    And is your property freehold or Leasehold?
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • awais90
    awais90 Posts: 3 Newbie
    edited 1 December 2018 at 2:15PM
    Thanks very much, but surely if the freehold is split, the freehold for the 2 flats furthest from the side plot won't be impacted by anything (building garage for car) because they are around 10m from the side plot, and so it wont affect them? As the covenant states this freehold land is only for use as private garden and car parking - I don't want to bring their attention to it or discuss the covenant with the owners as I won't be able to get the indemnity insurance.
    Also if I were to take this to the upper tribunal to have it removed (even though the covenant was set within the last decade) are these types of covenants rarely removed? Or do you have a link for any archives?

    Again many thanks for your help - its only because I own some classic cars which need to be in sheltered accommodation (have recently spent a lot repairing their rust issues!) but I digress

    Like many others thanks for your help
  • Spazter
    Spazter Posts: 35 Forumite
    Part of the Furniture
    What's the reference number? Namely the title number against which you've placed the alert
    And is your property freehold or Leasehold?

    Property Alert Reference number is 802247 and HM Land Registry reference is: I040WPQ.

    My property is freehold too. Can someone lodge against our property for a loan etc?

    Thanks
  • Hello,

    I need to complete an ID2 form for a lease extension, I am acting on behalf of the management company. In section 3b it asks for a recent company search and evidence of the individual's authority to represent the company. Is a Companies House search sufficient? Should this be done in front of the verifier or can a printed version be brought to the verification meeting? If not sufficient, could you inform me how to obtain the correct documents for this.
    Thanks!
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