Deed of variation - buyer or seller to register

saver776

In the process of buying and have had a deed of variation drawn up to prevent increased ground rent. The seller has requested I register this at Land Registry after completion due to the current waiting times at Land Registry. Is this a normal request, or should it be registered before the exchange of contracts?

middleagedriver

Perfectly normal or you’d be waiting months. Your solicitor should register this for you at time of completion along with change of title.

Flugelhorn

we registered one (estate charage)  as for the seller to do it would have required their mortgage company to also be involved - our solicitor was happy with the and registered deed along with the change of ownership

saver776

middleagedriver said:

Perfectly normal or you’d be waiting months. Your solicitor should register this for you at time of completion along with change of title.

Thanks! My only concern is that it could be rejected at Land Registry post completion, but if the deed itself has been signed and agreed by all parties, it's just a formality I suppose?

saver776

Flugelhorn said:

we registered one (estate charage)  as for the seller to do it would have required their mortgage company to also be involved - our solicitor was happy with the and registered deed along with the change of ownership

Thanks! My only concern is that it could be rejected at Land Registry post completion, but if the deed itself has been signed and agreed by all parties, it's just a formality I suppose?

eddddy

saver776 said:

Flugelhorn said:

we registered one (estate charage)  as for the seller to do it would have required their mortgage company to also be involved - our solicitor was happy with the and registered deed along with the change of ownership

Thanks! My only concern is that it could be rejected at Land Registry post completion, but if the deed itself has been signed and agreed by all parties, it's just a formality I suppose?

I'm no expert on this, but I've heard of other people expressing similar concerns - and to reduce the risk, their solicitor added a term to the contract saying something like if there was any problem with the registration after completion, the seller and/or the seller's solicitor must make reasonable efforts to assist the buyer with resolving the problem.

Maybe ask your solicitor if that's an appropriate term to add - or maybe your solicitor is planning to add it anyway. (Or maybe I'm misremembering!)

user1977

eddddy said:

saver776 said:

Flugelhorn said:

we registered one (estate charage)  as for the seller to do it would have required their mortgage company to also be involved - our solicitor was happy with the and registered deed along with the change of ownership

Thanks! My only concern is that it could be rejected at Land Registry post completion, but if the deed itself has been signed and agreed by all parties, it's just a formality I suppose?

I'm no expert on this, but I've heard of other people expressing similar concerns - and to reduce the risk, their solicitor added a term to the contract saying something like if there was any problem with the registration after completion, the seller and/or the seller's solicitor must make reasonable efforts to assist the buyer with resolving the problem.

Maybe ask your solicitor if that's an appropriate term to add - or maybe your solicitor is planning to add it anyway. (Or maybe I'm misremembering!)

I think that's standard, rather than something you'd need to specially negotiate.

silvercar

The solicitor can apply to Land registry to expedite the registration. Once the expedition (?) is accepted LR aim to complete their work in 2 weeks. If all is not in order they contact those concerned and it would take longer, but would still be expedited. 

Paging @Land_Registry

saver776

eddddy said:

saver776 said:

Flugelhorn said:

we registered one (estate charage)  as for the seller to do it would have required their mortgage company to also be involved - our solicitor was happy with the and registered deed along with the change of ownership

Thanks! My only concern is that it could be rejected at Land Registry post completion, but if the deed itself has been signed and agreed by all parties, it's just a formality I suppose?

I'm no expert on this, but I've heard of other people expressing similar concerns - and to reduce the risk, their solicitor added a term to the contract saying something like if there was any problem with the registration after completion, the seller and/or the seller's solicitor must make reasonable efforts to assist the buyer with resolving the problem.

Maybe ask your solicitor if that's an appropriate term to add - or maybe your solicitor is planning to add it anyway. (Or maybe I'm misremembering!)

Thanks. This term is already in, but it the concern my side would be that they can help and assist all they want, it's not a guarantee it'll be approved at Land Registry.

saver776

silvercar said:

The solicitor can apply to Land registry to expedite the registration. Once the expedition (?) is accepted LR aim to complete their work in 2 weeks. If all is not in order they contact those concerned and it would take longer, but would still be expedited. 

Paging @Land_Registry

Thanks. It's been expedited but with the current wait times it doesn't look to be completed before my current mortgage offer expires.

Land_Registry

saver776 said:

silvercar said:

The solicitor can apply to Land registry to expedite the registration. Once the expedition (?) is accepted LR aim to complete their work in 2 weeks. If all is not in order they contact those concerned and it would take longer, but would still be expedited. 

Paging @Land_Registry

Thanks. It's been expedited but with the current wait times it doesn't look to be completed before my current mortgage offer expires.

What’s the title number involved? Expedited register updates, which this is, are generally done in a few days providing all in order as mentioned