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Land Registry questions

edited 11 September 2018 at 11:17AM in House Buying, Renting & Selling
2.1K replies 169.8K views
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  • D_M_ED_M_E
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    JJN30 - If the property is in joint names and the Charging order is in one of the names only, then maybe this thread could be of help

    https://forums.moneysavingexpert.com/showthread.php?t=1839539
  • Land_RegistryLand_Registry Has MSE’s permission to post for company
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    JJN30 wrote: »
    Hi
    Im the buyer of property with the following order,my solictor is insistant it needs removal prior to purchase. Is this correct?
    Proprietorship Register
    (07.06.2010) RESTRICTION: No disposition of the registered estate,
    other than a disposition by the proprietor of any registered charge
    registered before the entry of this restriction, is to be registered
    without a certificate signed by the applicant for registration or their
    conveyancer that written notice of the disposition was given to RFS
    Limited (Co. Regn. No. 00548902) at Egale House, 78 St Albans Road,
    Watford, Hertfordshire, WD17 1AF, being the person with the benefit of
    a final charging order on the beneficial interest of Mr ****
    made by the court

    D_M_E has shared a link to the thread that should cover this for you
    The wording if the restriction is key with regards what is required to comply with it.
    If you are buying from the current joint owners then providing you comply with the restriction it would be overreached by the purchase and be cancelled automatically when the purchase is registered.

    Clearly you need to rely on your legal advice here but worth referring them to Practice Guide 76 section 4 as a point of reference re the charging order and restriction (a form K) as referred to
    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 [email protected] This does NOT imply any form of approval of my company or its products by MSE"
  • JJN30JJN30
    2 posts
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    I have asked my solictor to request a second opinion and they have the same response that this has to be removed before we can proceed . The added difficulty is we can’t comply, as the company has been stuck off.
  • Hi,

    Acting as LPA for my elderly parents in the purchase of their next home. The property has possessory title of a small part of the driveway/access to property (about 1/2 metre squared) and full absolute title of the rest of the land. The 12 years will be up on 14 March so an uplift application can be made. Our solicitor is advising that we wait until after that date to complete so that the current owner can make the application as they have better chance of success than us. Or that the current owner should give a Stat Dec to support our application (which they are not happy to do as they are executors of the estate).
    We do not want to wait until March 14 as that means waiting for a response from LR may take completion date to late April - everyone in the chain is ready and we fear we may lose our buyers.

    My question is, is there any reason why we could not make the application after buying the property (with an indemnity insurance policy provided by the seller - which they are happy to do)? Would the LR reject an application made by us simply because WE would have only been in actual physical possession for a couple of months? Surely they would have a record of the possessory title being registered 12 years ago and therefore that would be sufficient to allow us to upgrade it to absolute?

    If it were our own money and risk we would be more inclined to do it, but as we are acting as LPA's we want to make sure any lose or risky ends are dealt with properly!

    Thank you in advance.
  • edited 17 January at 11:18AM
    Land_RegistryLand_Registry Has MSE’s permission to post for company
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    edited 17 January at 11:18AM
    JJN30 wrote: »
    I have asked my solictor to request a second opinion and they have the same response that this has to be removed before we can proceed . The added difficulty is we can’t comply, as the company has been stuck off.

    There's little we can do other than direct them/you to our PG 76, which I assume you have done.
    The other thread that D_M_E linked you to refers to and explains a similar experience for others re such restrictions and the legal advice some have received

    As far as the compliance with the restriction is concerned the key is in the wording. You have the name and address of the creditor so can send a notification to them.

    But if your legal advice is steering you in another direction then that is a matter between you and them I'm afraid
    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 [email protected] This does NOT imply any form of approval of my company or its products by MSE"
  • Land_RegistryLand_Registry Has MSE’s permission to post for company
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    Melahu94 wrote: »
    Hi,

    Acting as LPA for my elderly parents in the purchase of their next home. The property has possessory title of a small part of the driveway/access to property (about 1/2 metre squared) and full absolute title of the rest of the land. The 12 years will be up on 14 March so an uplift application can be made. Our solicitor is advising that we wait until after that date to complete so that the current owner can make the application as they have better chance of success than us. Or that the current owner should give a Stat Dec to support our application (which they are not happy to do as they are executors of the estate).
    We do not want to wait until March 14 as that means waiting for a response from LR may take completion date to late April - everyone in the chain is ready and we fear we may lose our buyers.

    My question is, is there any reason why we could not make the application after buying the property (with an indemnity insurance policy provided by the seller - which they are happy to do)? Would the LR reject an application made by us simply because WE would have only been in actual physical possession for a couple of months? Surely they would have a record of the possessory title being registered 12 years ago and therefore that would be sufficient to allow us to upgrade it to absolute?

    If it were our own money and risk we would be more inclined to do it, but as we are acting as LPA's we want to make sure any lose or risky ends are dealt with properly!

    Thank you in advance.

    Very much one for you and the solicitor to discuss and agree upon as to the timing of such matters.
    From our perspective our Practice Guide explains what is required and the key aspect, which you already appreciate, is the length of time.
    Provided the time has elapsed when the application is made it matters not whether the applicant has been there 1 month, 1 year or more as it is the combined time that would apply

    Clearly we won't consider the matter until an actual application is submitted so do rely on your legal advice here re timing/completion
    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 [email protected] This does NOT imply any form of approval of my company or its products by MSE"
  • Sally_ForthSally_Forth
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    JJN30 wrote: »
    Hi
    Im the buyer of property with the following order,my solictor is insistant it needs removal prior to purchase. Is this correct?
    Proprietorship Register
    (07.06.2010) RESTRICTION: No disposition of the registered estate,
    other than a disposition by the proprietor of any registered charge
    registered before the entry of this restriction, is to be registered
    without a certificate signed by the applicant for registration or their
    conveyancer that written notice of the disposition was given to RFS
    Limited (Co. Regn. No. 00548902) at Egale House, 78 St Albans Road,
    Watford, Hertfordshire, WD17 1AF, being the person with the benefit of
    a final charging order on the beneficial interest of Mr ****
    made by the court

    As others have said, the applicant or their solicitor just have to write a statement saying they have sent a notice to RFS at the address above that the property is being sold.
    Sign it and submit it with the application to Land Registry.
    They should actually send the notice, the fact RFS aren't there to receive it is irrelevant.

    If you are the applicant on the AP1 then you can send the notice and provide the certificate/statement.

    I guess the intention of the restriction is so that the company, if it exists, can then chase the debtor for any funds from the sale. As the company in this case doesn't exist then no one is likely to chase them for any cash.

    The restriction will be removed automatically when the transfer completes.
  • peteradepeterade
    11 posts
    Forumite
    Hello land registry helpers,

    My mother passed away last year and left her house to her soul surviving relative, myself. I wish to pass the house on to my two adult children. The probate has already been paid.

    The property is land registered and I want to know how I pass on the registry directly to my children. I will be submitting a deed of variation to the will.


    Thank you in advance.
    Peterade
  • eiroteirot
    1 posts
    Forumite
    hi

    Can I transfer my home deeds to my daughter without a solicitor?
    my daughter and I have both got our own representation but have been quoted £1150 combined to transfer the deeds to her name.

    I have downloaded the HR1, AP1 & ID1 forms and the fee is less than £100. the only thing I can see to do is to get the ID1 completed by a conveyancer or at the Land registry office?

    can anyone advise if I have read this correctly as if we go through solicitors it will cost £1k extra?

    many thanks
  • Land_RegistryLand_Registry Has MSE’s permission to post for company
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    peterade wrote: »
    Hello land registry helpers,

    My mother passed away last year and left her house to her soul surviving relative, myself. I wish to pass the house on to my two adult children. The probate has already been paid.

    The property is land registered and I want to know how I pass on the registry directly to my children. I will be submitting a deed of variation to the will.

    Thank you in advance.
    Peterade

    Have a read of our online guidance as to what is required if you are transferring to someone other than the beneficiary

    If you are seeking to vary the will to make your children the beneficiaries then you can follow this alternative online guidance
    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 [email protected] This does NOT imply any form of approval of my company or its products by MSE"
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