Land registry exclusions

MariusAdam

Me and my wife finally found a house that we like a lot and eventually placed an offer and got accepted a week ago.

I'm posting here hoping that someone may be able to help me with some advice.

I went on land registry website and bought the title and house plan for £6 and to my surprise I found out that there are a few exclusions in the tiltle mentioned in two notes:

1.NOTE 1: As to the part numbered 1 on the filed plan the basement is excluded from the title.
2.NOTE 2: As to the part numbered 2 on the filed plan the second floor and the staircase at basement level is excluded from the title.

I have spoken to a couple of solicitors and the estate agent dealing with the house. The estate agent will get in contact with the sellers solicitor but this won’t happen until Monday.

If needed will post the whole plan, title and pictures of the house.
Any ideas, advice or help is extremely welcome.

Much appreciated!:beer:

davidmcn

Do those parts form part of the property you're expecting to buy?

D_M_E

Sounds like only the bit between the basement and second floor is on the title.

You have to ask is it freehold or leasehold and do the two notes still apply and exclude what they mention from the title?

MariusAdam

davidmcn wrote: »

Do those parts form part of the property you're expecting to buy?

Sorry, It would make things easier if I could just drop a link of the property on here but unfortunately I can`t as I`m a new user.
I will send you a PM with a link to the property on RightMove. It also includes a FloorPlan which will probably make things clearer.

MariusAdam

D_M_E wrote: »

Sounds like only the bit between the basement and second floor is on the title.

You have to ask is it freehold or leasehold and do the two notes still apply and exclude what they mention from the title?

The house is a freehold as I checked on land registry.
Both solicitors advised me to contact the agency and have them look into it.
The agent has now contacted the sellers solicitor and I am waiting for an answer

G_M

It's a matter for your solicitor to look into. Do NOT rely o the EA, or expect any sort of sensible aswer from them.


This is a legal matter, not marketing!


In you position, I would look again at the LR website and see if there are other Titles registered either
* at the same address
* at the same location (map enquiry)


If those areas are excluded from the Title then they must surely be included in another Title (or possibly an unregistered title).

MariusAdam

G_M wrote: »

It's a matter for your solicitor to look into. Do NOT rely o the EA, or expect any sort of sensible aswer from them.


This is a legal matter, not marketing!


In you position, I would look again at the LR website and see if there are other Titles registered either
* at the same address
* at the same location (map enquiry)


If those areas are excluded from the Title then they must surely be included in another Title (or possibly an unregistered title).

I took your advice and went on land registry and bought the title for the property next door.
It kind of clarified the situation a little.
I`m unable to post them here but I will send them to you in a PM if you want to have a look.

G_M

I've taken a look and responded by PM.


For others who may be interested, there is a small shared area between 2 properties, with each property owning a different floor in that area.


Looks like a Flying Freehold for that small area - which some lenders have problems with. It can present difficulties with things like liability for maintenance and possibly insurance.

MariusAdam

G_M wrote: »

I've taken a look and responded by PM.


For others who may be interested, there is a small shared area between 2 properties, with each property owning a different floor in that area.


Looks like a Flying Freehold for that small area - which some lenders have problems with. It can present difficulties with things like liability for maintenance and possibly insurance.

Many thanks for clarifying this for me and for explaining it in the PM
Glad I eventually posted on here, very helpful and knowledgeable people!
:beer: