Search of Whole (With Priority) in respect of an intended charge

Torino1

My house and garden comprises two land registry title numbers, the main deed of the house/garden and second number which is a parcel of land (within the fenced boundry) at the bottom of the garden. Unfortunately the second land registry number was never transferred to me at the point of purchase in 2009. The previous owner has since signed a TR1 in my favour. I have managed to get the lender's charge relating to the previous owner's mortgage lifted on the land. However, on the Land Registry portal, the same lender has replaced this with "search of whole (with priority) in respect of an intended charge". On telephoning the lender, i established it is to protect their interest in this parcel of land, as technically it could compromise their interest in the main deed of the house/garden (which i understand). Whilst the "search of whole" makes reference to my name, my solicitor is concerned that when he makes the application to transfer title using the TR1, the Land Registry will not process it because the lender's "search of whole" will take priority .... even though the two are linked. Two questions if anyone can help please ?
1. How accepting are the Land Registry likely be to be in processing the TR1, if my solicitor and/or I can explain the situation and the reason for the lender's "search of whole" ?
2. If Land Registry wont process it (despite explanation) I am considering settling the outstanding mortgage on the main deed of the house/garden to effectively negate the lender's interest in the parcel of land. Are there any reasons I haven't thought of why this would not work ?

Torino1

I should add that my lender on the main house/garden is the same as the previous owner's lender on the second number (parcel of land)

CSI_Yorkshire

Paging @Land_Registry - perhaps they will have some comment here?

Land_Registry

Torino1 said:

My house and garden comprises two land registry title numbers, the main deed of the house/garden and second number which is a parcel of land (within the fenced boundry) at the bottom of the garden. Unfortunately the second land registry number was never transferred to me at the point of purchase in 2009. The previous owner has since signed a TR1 in my favour. I have managed to get the lender's charge relating to the previous owner's mortgage lifted on the land. However, on the Land Registry portal, the same lender has replaced this with "search of whole (with priority) in respect of an intended charge". On telephoning the lender, i established it is to protect their interest in this parcel of land, as technically it could compromise their interest in the main deed of the house/garden (which i understand). Whilst the "search of whole" makes reference to my name, my solicitor is concerned that when he makes the application to transfer title using the TR1, the Land Registry will not process it because the lender's "search of whole" will take priority .... even though the two are linked. Two questions if anyone can help please ?
1. How accepting are the Land Registry likely be to be in processing the TR1, if my solicitor and/or I can explain the situation and the reason for the lender's "search of whole" ?
2. If Land Registry wont process it (despite explanation) I am considering settling the outstanding mortgage on the main deed of the house/garden to effectively negate the lender's interest in the parcel of land. Are there any reasons I haven't thought of why this would not work ?

1. Whilst we can be very excepting it’s really the OS1 applicant that needs to explain. And if they’ve done it to protect their interest, and ensure you/your solicitor apply correctly, then they usually then need to withdraw it. 

However their OS1 expires after 30 days so won’t protecting anything unless they lodge an application to match the OS protected interest 
So whilst it might delay matters it probably won’t but discuss with your solicitor to consider priority period for OS1 and it’s likely impact 

2. Probably not necessary if 1 follows through ok.