PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Timescale for Land Registry to remove Restriction?

ian1246
ian1246 Posts: 367 Forumite
Sixth Anniversary 100 Posts Name Dropper
edited 2 March 2021 at 1:19PM in House buying, renting & selling
Hey Guys.
            Just a quick query - how long is it taking now for the Land Registry to remove a restriction on a property? I ask since we were hoping to exchange and complete within the next couple of weeks, only to discover that our buyer is not yet in a position to do so due to a restriction on her property which she is selling.

From downloading the title for our buyers property:

The restriction in question: "RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court"

From what I can tell, this is a standard restriction for properties purchased via Tenants in Common - how long does it normally take the Land Registry to remove this restriction?

Our Solicitors have informed us that this has been going on for a while now - so I am a little concerned that things are more complicated than we perhaps realise? (The title has 2 individuals named on the document as proprietors, but our purchaser is just one of them - so we aren't sure what has happened to the other, which we are presuming is her husband given the same surname on the title). 

Comments

  • Land_Registry
    Land_Registry Posts: 6,099 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    ian1246 said:
    Hey Guys.
                Just a quick query - how long is it taking now for the Land Registry to remove a restriction on a property? I ask since we were hoping to exchange and complete within the next couple of weeks, only to discover that our buyer is not yet in a position to do so due to a restriction on her property which she is selling.

    From downloading the title for our buyers property:

    The restriction in question: "RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court"

    From what I can tell, this is a standard restriction for properties purchased via Tenants in Common - how long does it normally take the Land Registry to remove this restriction?

    Our Solicitors have informed us that this has been going on for a while now - so I am a little concerned that things are more complicated than we perhaps realise? (The title has 2 individuals named on the document as proprietors, but our purchaser is just one of them - so we aren't sure what has happened to the other, which we are presuming is her husband given the same surname on the title). 

    5/6 weeks wait between receipt and consideration. If there’s a confirmed sale/purchase then ask the conveyancer to request expedition after they’ve lodged it. That can reduce the wait time to 2 weeks or less. 
    Everything still hinges on the application being in order though 
    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"
  • ian1246
    ian1246 Posts: 367 Forumite
    Sixth Anniversary 100 Posts Name Dropper
    Thanks for the reply - much appreciated. I will speak to our solicitors to see if they can push for her solicitors to expedient matters.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 349.7K Banking & Borrowing
  • 252.6K Reduce Debt & Boost Income
  • 452.9K Spending & Discounts
  • 242.7K Work, Benefits & Business
  • 619.4K Mortgages, Homes & Bills
  • 176.3K Life & Family
  • 255.6K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.