Land registry restriction issue

Andre2525

Hi,
I wonder if anyone can help me with the below issue, I also apologise in advance for my lack of knowledge in respect of land registry procedures in general.
I have applied and been accepted for a remortgage on my property with a change of joint owner which has gone with no issue's and is very amicable with the old joint owner (ex partner). During the solicitors process it was discovered that there was a restriction on the property from yorshire water  this was many years ago (approx 2011) to either me or my ex which I paid on October 9th regardless of whose original debt it was to keep things moving. After speaking with Yorkshire water they didn't send any confirmation of the payment to "the courts" until November 9th. Today I have called Yorkshire water for an update that this has been removed so that I can confirm to my solicitors but they have informed me this is not possible and that I have to seek confirmation myself.
My question is how do I find out if the court has removed the restriction so that I can confirm without doubt that the land registry is clear? I did confirm to my solicitor that it had been paid on the day of payment but they require confirmation of removal.

Thanks in advance

Andre

K_S

@Andre2525 If it's a restriction on title, it should be shown on the title register for your property which is available online (from the official land registry website) for £3. Please see here for more info https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do

You may want to consider downloading the title register and seeing for yourself. Land registry records take a while to get updated so I don't know if there's been enough time yet to reflect on your title register.

Hopefully someone more knowledgeable than me on conveyancing will opine on whether there is another option rather than waiting for however long it takes for the LR records to get updated.

You can also set up an LR property alert service for your address which will alert you by email when any activity takes place with regard to your property on LR https://propertyalert.landregistry.gov.uk/

@Land_Registry any tips?

Andre2525

I have bought the registry file and downloaded it and I cannot see anything that refers to a restriction,  although it maybe there, would I be okay copying and pasting the info into this thread?

Andre2525

Hi, below is copied from the downloaded registry file, I trust it would be in section c?

C: Charges Register
This register contains any charges and other matters that affect the land. 1 (08.03.2007) A Conveyance of the land in this title dated 5 February 2007 made between (1) Barnsley Metropolitan Borough Council and (2) xxx xxx xxxxxxxx and xxxxxx xxxxxxxxxx contains restrictive covenants. 
NOTE 1:- Neither the original nor an examined abstract or certified copy of the Conveyance dated 25 July 1928 referred to in the abovedeed was lodged on first registration.

NOTE 2:- Copy filed.

2 (08.03.2007) Charge subsisting until 4 February 2012 having the priority specified in section 156 of the Housing Act 1985 to secure the liability under the covenant to repay discount contained in the Conveyance dated 5 February 2007 referred to above.

3 (08.03.2007) REGISTERED CHARGE dated 5 February 2007. 4 (09.06.2016) Proprietor: KENSINGTON MORTGAGE COMPANY LIMITED (Co. Regn. No. 3049877) of Ascot House, Maidenhead Office Park, Maidenhead SL6 3QQ.
End of register Title number xxxxxxxxx
3 of 3

K_S

Andre2525 said:

Hi, below is copied from the downloaded registry file, I trust it would be in section c?
C: Charges Register
This register contains any charges and other matters that affect the land. 1 (08.03.2007) A Conveyance of the land in this title dated 5 February 2007 made between (1) Barnsley Metropolitan Borough Council and (2) xxx xxx xxxxxxxx and xxxxxx xxxxxxxxxx contains restrictive covenants. 
NOTE 1:- Neither the original nor an examined abstract or certified copy of the Conveyance dated 25 July 1928 referred to in the abovedeed was lodged on first registration.
NOTE 2:- Copy filed.
2 (08.03.2007) Charge subsisting until 4 February 2012 having the priority specified in section 156 of the Housing Act 1985 to secure the liability under the covenant to repay discount contained in the Conveyance dated 5 February 2007 referred to above.
3 (08.03.2007) REGISTERED CHARGE dated 5 February 2007. 4 (09.06.2016) Proprietor: KENSINGTON MORTGAGE COMPANY LIMITED (Co. Regn. No. 3049877) of Ascot House, Maidenhead Office Park, Maidenhead SL6 3QQ.
End of register Title number 
3 of 3

 @Andre2525 Is there anything under Section B? There should be a restriction noted there in the lender's name, anything else?

PS: You might want to remove the title number in the extract you've copy pasted as it can directly be linked to your specific property address.

Andre2525

Hi, this is what is in section b, I believe number 3 is in reference to the right to buy 10 year restriction (section 156), but still no reference to Yorkshire water.

Thanks in advance


B: Proprietorship Register This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal.
 Title absolute

 1 (08.03.2007) PROPRIETOR: xxx xxx xxxxxxxx and xxxxxx xxxxxxxxxx of xx xxxxxxxxxxxxx xxxx xxxxxxxxx ,Barnsley, South Yorkshire xxx xxxx.

2 (08.03.2007) The price stated to have been paid on 5 February 2007 was £xxxxxxx

3 (08.03.2007) RESTRICTION: No transfer or lease of the registered estate dated before 5 February 2017 by the proprietor of the registered estate or by the proprietor of any registered charge is to be completed by registration unless accompanied by (a) a certificate given by Barnsley Metropolitan Borough Council that the transfer or lease complies with the requirements of section 156A of the Housing Act 1985 or that the transfer or lease is an exempted disposal or is not a relevant disposal, or (b) a certificate given by the local housing authority for the area in which the property is situated that (i) Barnsley Metropolitan Borough Council is no longer in existence and (ii) the transfer or lease complies with the requirements of section 156A of the Housing Act 1985 or is either an exempted disposal or is not a relevant disposal.

4 (08.03.2007) RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the Charge dated 5 February 2007 in favour of Kensington Mortgage Company Limited referred to in the Charges Register.

K_S

@andre2525 In that case I guess all you can is email the title register to your solicitor and say you don't see any Yorkshire Water restriction noted on it and take it from there.

Andre2525

Thank you K_S I have done this and will see what happens.

Andre

K_S

@andre2525 Have a read of this as well, might apply to your scenario https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/charging-orders/#h-paying-off-a-charging-order

Land_Registry

Well there’s no restriction for Yorkshire Water so if there was one then it’s been removed. 

The edition date of the register will be a clue as to when it happened. 

I can’t see the title number now so can’t check to confirm there and now gone but that doesn’t matter now as there isn’t one so the solicitor/lender just check again to confirm what’s now showing 

Andre2525

Hi Land_Registry,
I can't find an edition date but the title number is SYK531778.
Thank you for your help.

Andre