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Land registry burden issue before completion?

Hi. We are purchasing a property in Scotland with date of entry scheduled for this Friday. Missives have not yet been concluded as our solicitor has been unable to report on the title deeds. The ‘burdens’ section refers to 3 burdens but there are no further details of these… its been chased with the seller’s solicitor to fix and I believe they’re checking neighbouring title deeds to see if they’re listed there but no joy so far. When do I panic that our date of entry may be delayed? I can post the part that seems to be the issue if it’s helpful, it’s meaningless to me at the moment as a first time buyer!

Comments

  • user1977
    user1977 Posts: 17,253 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    Not sure what you mean by "no further details of these", there must be some sort of detail in order for it to be on the title sheet at all.
  • I’ll include the section that seems to be the issue as I don’t really understand it and my solicitor just said that it refers to ‘xyz’ but that ‘xyz’ is missing… 

    ‘Number of Burdens: 3

    Burden 1

    Feu Contract containing Feu Disposition by NAME REDACTED to NAME REDACTED,
    recorded G.R.S. (Fife) 26 Nov. 1901, is incorporated into this title sheet in terms of section
    10(3)(b) of the Land Registration etc. (Scotland) Act 2012.

    Burden 2
    Disposition by NAME REDACTED to NAME REDACTED, recorded G.R.S. (Fife) 9 Feb.
    1905, is incorporated into this title sheet in terms of section 10(3)(b) of the Land Registration
    etc. (Scotland) Act 2012.

    Burden 3
    Disposition by NAME REDACTED to NAME REDACTED and Another, recorded
    G.R.S. (Fife) 8 Jul. 1921, is incorporated into this title sheet in terms of section 10(3)(b) of
    the Land Registration etc. (Scotland) Act 2012.‘
  • user1977
    user1977 Posts: 17,253 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    Not sure what you mean by "xyz"? All these deeds are readily available for download from the Register of Sasines (I've just checked).
  • I’ll speak to my solicitor tomorrow as they seemed to think it’s an issue that the title deeds don’t explain the burdens. I’ve checked the neighbour’s and they have a much more detailed section.
  • user1977
    user1977 Posts: 17,253 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    edited 21 October 2024 at 8:06PM
    The Land Register changed how they did it recently, so they now have the (fairly unhelpful!) references which force you to go elsewhere if you want to read the deeds. But your solicitor ought to be familiar with this. I doubt there are going to be any surprises.
  • lovelouise
    lovelouise Posts: 56 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    edited 22 October 2024 at 11:12AM
    Apparently the request has been expedited by registers of Scotland. I’m not sure what the timeframe now is but I’m nervous as Friday looms closer that this may not be resolved in time…
  • @Land_Registry are you able to advise on a potential timeframe for this type of amendment once expedited? 
  • Land_Registry
    Land_Registry Posts: 6,098 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    @Land_Registry are you able to advise on a potential timeframe for this type of amendment once expedited? 
    Not for Scotland, no
    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"
  • user1977
    user1977 Posts: 17,253 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper

    are you able to advise on a potential timeframe for this type of amendment once expedited? 
    What's the amendment?
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