Can seller change the terms of the Land Registry Title?

Bendy_House

Helllooooooo :-)

The owner/seller has finally given us sight of the 'Land Registry, Transfer of part of registered titles TP1' document which has just been drawn up by him.

Some of the clauses are completely (and intentionally) unreasonable (I can't go in to specific details at the mo', but would love to come back later and explain all once it's resolved one way or another :-) )

As far as we know, this is the 'draft' TP1 and it has yet to be actually recorded with the Land Registry. We will be tackling the owner over some of these clauses (you might think 'what right have we?', but we do as I hope to explain later...), but what we wish to know is, if we were to withdraw from the purchase, could he amend this document at will afterwards?

Once it's actually registered with the LR, can he still amend them?

Thanks :-)

AdrianC

So it's registered already, but as part of a bigger title, and he's transferring a subsection of that larger title to you using a TP1?

https://www.gov.uk/government/publications/registered-titles-part-transfer-tp1

...and he's looking to put "strange things" in, what, the covenant or the rights sections?

That'll create a new title. No, once the title is created and in your name, he can't do a sausage to unilaterally add new covenants or rights granted/reserved. Nor can you remove them unilaterally. The covenants are the covenants.

But, at this stage, everything is an agreement between you and him.

Simply: You don't like it, you walk. He doesn't like it, he walks. You can't agree, sale off.

davidmcn

Bendy_House wrote: »

what we wish to know is, if we were to withdraw from the purchase, could he amend this document at will afterwards?

Not sure what you mean. If the sale doesn't happen then nothing gets sent to the LR. The draft document goes in the bin. Why would you care anyway?

Once it's actually registered with the LR, can he still amend them?

It won't be his property any more, so no, nothing could be changed without the then proprietor's agreement.

tom9980

It would help a great deal if you actually give the full story and background, you simply wont get any good advice from us lot unless you do. Please do not drip feed information bit by bit you will simply waste everyone's time.

If this makes you uncomfortable then pay for advice.

Bendy_House

Thanks again folks.

I get your frustration, Tom, but there are reasons I don't wish to go further with info, at least not at this stage. Believe me, I'd love to explain, and look forward to doing so in the future.

Thanks Adrian and David - I get the answer is yes, he can change it to whatever if the sale doesn't proceed.

Carrot007

davidmcn wrote: »

It won't be his property any more, so no, nothing could be changed without the then proprietor's agreement.

Maybe he has put in a covenant in saying he can add new covenants at his whim whenever with no notice or choice?


I mean it sounds that insane!

AdrianC

Bendy_House wrote: »

I get the answer is yes, he can change it to whatever if the sale doesn't proceed.

No - if the sale doesn't proceed, there IS no TP1. No transfer.

He can, of course, put whatever into the next TP1, with the next purchaser, that he agrees with that purchaser. Or if he splits the titles within his own ownership of both.

paddyz

Is this someone that has built a house on land of their previous house and now selling one?

Bendy_House

No paddyz, it's an existing house but one which was originally on a much larger plot - the plot for the house has been reduced and two further building plots added to the original land.

Thanks again, folks - I have my answer; the terms of the TP1 only become permanently effective once the sale completes and the deeds are registered. If we pull out before then, he can change them again at will.

davidmcn

Bendy_House wrote: »

Thanks again, folks - I have my answer; the terms of the TP1 only become permanently effective once the sale completes and the deeds are registered. If we pull out before then, he can change them again at will.

Still baffled about why you would care about the title conditions for a property you're no longer buying?

Bendy_House

Jeepers, I'm sure you can work it out...

(That was aimed at David :-) )