DIY Conveyancing - AP1 queries

workingboy

Started the process of purchasing my freehold from the local county council which I have the leasehold. Read through the 'official copy of register of title' and no covents/restrictions etc are attached to the freehold/land.
Both myself and wife are named on the lease and both will apply for the freehold using 'TP1' filled by the council.
Now I am filling the AP1 and if anyone could help with some of the sections.
(4) Application, priority and fee's:
     Application in priority order: (should this be Transfer or change of name ?)
    Price paid/value (£): (less than £350k) todays approx value   -     Fee's paid (£): £270 (Land registry fee ?)
(5) Documents lodged with this form:
      Should this be the 'official copy register of title with its WA number and TP1 enclosed or any other document
14) Where the application is sent to Land Registry .......
      Name of transferor, landlord .......... ( Should this be both myself and wife the transerfee ?)
      Conveyancer's name ......................(Should be 'None' ?)
      Is that is all is needed in this section ?.
      And section (2) ( should this be left as there is no mortgage etc attached to the property)
Finally I read somewhere that if the freehold purchase is only £955 below some figure, that a ID1 is not required ??
thanks

greatcrested

It usual for the buyer to prepare the TR1/TP1. Are you sure the council will do this? If so, you need to check it carefully as this is your purchase.

The freehold you are buying is part of an existing, larger Title? (TP1).

You've read the TP1 guidance yes?

4) You are transferring ownership.

5) You will need to lodge the TP1 (or TR1) and the Plan.

14) the transferor is the current owner - the council

You will need to complete S2

You read the ID1 guidance yes?

Properties where the true value does not exceed £6,000

You do not have to confirm the identity of persons involved in transactions where the true value of the land which is the subject of the disposal does not exceed £6,000. In these cases you may instead lodge a certificate by someone qualified to give property valuations confirming the value of the land, for example an estate agent, a surveyor, a land and property valuer or auctioneer who holds a qualification from the Royal Institution of Chartered Surveyors or some other person who is similarly qualified.

That's my inexpert understanding.

workingboy

The actual land costs is £630 and legal & surveyors £325 from the Council.
I already have the TP1 to sign and the offical copy of register of title from the council. And read through to be sure certain convents and restrictions as written in the area do not apply to the property.
I am the leaseholder as shown by a title plan with all the dimensions for the property as WA *****1
I am purchasing it as freehold again with a title plan of the same for the property as WA******2
So with (14)
Box 1     I have to name the council as the Transferor.   and next box as 'NONE' ?
Box 2     And also ourselves as the Transferee and again 'NONE' ?
Also (14, S2) Evidence of identity. Mark the first box ? (for each applicant ...........)
For a Certificate for the value of the land, could I ask the councils surveyor ?
Thanks for your help, much appreciated 

greatcrested

workingboy said:

...
I am purchasing it as freehold again with a title plan of the same for the property as WA******2
....

Not sure I understand. Is there an existing Title for the freehold which is soley for this property? Or does the existing title cover a larger area (perhaps a number of neighbouring properties for example) which requires splitting?

workingboy

On the TP1
1) Title numbers(s) out of which the property is transferred: WA.........1.  (Freehold)
2) Other title number(s) against which matters contained in this transfer are to be registered or noted, if any: WA ........2  (Leasehold)

Tiglet2

Not sure I understand either. 

Have you already bought the property and now wish to register yourself as the registered proprietor?

Is the property a flat and you are the current registered proprietor of the leasehold of that flat?  Are you now buying a share of the freehold?

Is the property a leasehold house (shared ownership) or a house with a 999 year lease or something else?  You already live there and want to staircase up to 100% (shared ownership) or you want to buy the freehold of your house and extinguish the lease?

workingboy

OK,
The Lease runs from 1975 for 999yrs.
The first owners purchased the property with a leasehold from the developer in 1984.
We purchased the property and leasehold 1987 from the first owners and we are still the current owners. I have the deeds along with the title plan showing dimensions of my land and bordering properties
The Lease has a title number WA7****2

We are now purchasing the freehold for the property we have owned since 1987.
The title number WA2***1 which looking at the title plan, this covers the land and other properties in the area/village.

As said on the TP1:
1) Title numbers(s) out of which the property is transferred:  WA2***1. 
2) Other title number(s) against which matters contained in this transfer are to be registered or noted, if any:  WA7***2 

So with the AP1:
(2) Title number(s) of the property:  WA7***2   ??

(3) The application affects  -  'X'  the whole of the title(s) 

(4) Application, priority and fees
     Application in priority  -  Transfer of ownership
    Price paid/Value (£)  -  £275k
    Fees paid  -  £270  ??

(5) Documents lodged with this form:  -   TP1 and title plan.

(14)  Name of transferor, landlord, transferee, tenant, borrower or lender  
        (first box)   name of county council  -   Reference: None
        (next box below)   Is there any further input required  ??
      (2) Evidence of identity  -  'X'  for each applicant in panel 6 is enclosed.
Is this the correct filling for the AP1 from the info given above about the property and leasehold etc..  Have I missed out anything.
Thanks guys

workingboy

OK,
Taken a chance, wait and see if it gets returned........

greatcrested

If  "AP1 (3) The application affects  -  'X'  the whole of the title(s) " then why are you submitting a TP1, not a TR1?

I still don't understand what you are doing, suspect you also don't understand, and strongly recommend you get legal advice.

Your explanation above also shows alimited understanding of the property's legal arrangement and history eg "We purchased the property and leasehold 1987" means what? you bought 2 things? 'property' (ie freehold?) and 'leasehold'?

"We are now purchasing the freehold for the property we have owned since 1987." If you've owned it since 1987 why do you ned to buy?

Actually I understand what you are trying to explain (I think), but your ambiguous and confused terminology demonstrates how out of your depth you are.

Still, I suppose if you mes up, you only have £1K odd at risk.

workingboy

OK
Like everyone else each of us have our field of expertise.
I may have confused things, we purchased the property in 1987 which was leasehold. Now we want to purchase the freehold.
The County Council sent me the TP1 already filled, just needs signatures etc.

Tiglet2

The AP1 is used whenever there is a transfer of ownership - AP1 means Application to Change the Register.  Along with the AP1, you need to provide the evidence, i.e. the TP1/TR1, Title Plan, Mortgage Deed (if you are taking a mortgage) and ID1s for each applicant, together with the appropriate fee.  The fees are listed on the government website and fall into either Scale 1 or Scale 2 fees.  A transfer of part would be Scale 2, then it is an amount based on the purchase price, i.e. 0 - £100,000 is £40.  How much are you purchasing the freehold for?  You mentioned £275k in an earlier post, but this is surely not what you are paying for the transfer of freehold to you, but please correct me if I'm wrong.

If you are purchasing a part of the freehold title which is being released from a larger freehold title, then it is a Transfer of Part and would require the TP1.  The actual area you are purchasing should be highlighted on the Plan and referred to in the AP1, so that the Land Registry know exactly which part of the entire freehold title you are purchasing.  Not sure if you are merging this with your leasehold title and extinguishing the lease so that there is only a freehold title for your property (flat? house?) or whether you will have a separate title number for the freehold.

If you are purchasing the whole freehold title from the seller, then this would be a Transfer of Whole and would require a TR1.  Fees will be different as this will be Scale 1.  You would still need to submit an AP1, together with TR1 and ID1s for all applicants, plus the fee.