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Land Registry questions

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  • Land_Registry
    Land_Registry Posts: 5,755
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    AH90 wrote: »
    Thanks for your response. Our solicitor has said it!!!8217;s all quite complicated. If it helps from what I understand the house has been granted probate to the children of the deceased. But i think the assent is from the 1970!!!8217;s and is accented from the grandparents to the now deceased parents. So I don!!!8217;t think the executors are referred to on the accent.

    I suspected that may be the case, namely that it's one of the earlier assents that may be at fault.

    Where a property remains in a family they don't always do an Assent as probate is granted and the will read and the family simply hold on to the property. If they want to actually transfer the ownership then they go with an Assent and if it was in the 70s then I suspect it did not trigger the need to register it then.

    I suspect, but do not know, that we are most likely to respond by saying that we simply won't consider the issue until an application to register is made. That may seem somewhat officious but the key is that we have to consider the application as a whole re such matters and taking a specific issue in isolation is in our view inappropriate.

    Registration, the same as buying, is in part about managing the risks. And you can only have a clear picture of what those risks are if you have the whole picture.

    So let's say you have a series of Assents within the family showing how the proeprty has been transferred by each executor, with probate, and the one you have an issue with is somwhere in that chain. The risk may be fairly small when looked at as a whole as you have a later Assent so someone was happy to go with the previous details.

    My concern is that you are referring to an anomally with the death certificate and as explained if probate is involved then the death certificate is not a crucial item here. The probate confirms death also and it is it's detail which is most relevant to the Assent, namely A N Other as executor of Mr John Deceased - so if John Deceased is the person named in the probate as having died there is no issue, even if you also have a death certificate which refers to a Jon Deceased, if you see what I mean. The ownership link is between the probate and Assent.
    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"
  • Last August we purchased the freehold of our house and used a local solicitor.

    In January I chased him for an update to be told that the Land Registry were encountering delays in registering this type of application. I’ll be chasing again later this month but before I go back to our solicitor, is it correct that the LR process can take a very long time?

    On the LR website there are currently 3 entries; 2x freehold, 1x leasehold.
  • Hello.

    We are in the process of buying a property which has some land not included in the boundary even though it's very clear it belongs to the property.

    The sellers solicitors did and adverse possession application which was unsuccessful (we were not told why, they have been living there over 12 years).

    They are now doing an FR1 form. It has supposedly been 5 weeks and we have not had any update apart from that it was received by the land registry.

    I am aware there is a backlog of these applications and am less worried about time frames (although I don't want our mortgage offer to run out) and more interested in it being successful. We are being told by the sellers solicitors that they are waiting for an update for a week or so now.

    How quickly after submitting an application would you find out if it's being rejected? As the buyer can I find out about where we are in the process such as if a surveyor has been out or been instructed to do so? We have no reference numbers unfortunately.

    Thanks

    Chani
  • Land_Registry
    Land_Registry Posts: 5,755
    First Anniversary Name Dropper First Post
    Organisation Representative
    Last August we purchased the freehold of our house and used a local solicitor.

    In January I chased him for an update to be told that the Land Registry were encountering delays in registering this type of application. I!!!8217;ll be chasing again later this month but before I go back to our solicitor, is it correct that the LR process can take a very long time?

    On the LR website there are currently 3 entries; 2x freehold, 1x leasehold.

    Yes there are delays but that seems very long. Although completed in August the key date for us is the date its lodged with us.

    Do you have the title number involved?
    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"
  • Land_Registry
    Land_Registry Posts: 5,755
    First Anniversary Name Dropper First Post
    Organisation Representative
    Chanit01 wrote: »
    Hello.

    We are in the process of buying a property which has some land not included in the boundary even though it's very clear it belongs to the property.

    The sellers solicitors did and adverse possession application which was unsuccessful (we were not told why, they have been living there over 12 years).

    They are now doing an FR1 form. It has supposedly been 5 weeks and we have not had any update apart from that it was received by the land registry.

    I am aware there is a backlog of these applications and am less worried about time frames (although I don't want our mortgage offer to run out) and more interested in it being successful. We are being told by the sellers solicitors that they are waiting for an update for a week or so now.

    How quickly after submitting an application would you find out if it's being rejected? As the buyer can I find out about where we are in the process such as if a surveyor has been out or been instructed to do so? We have no reference numbers unfortunately.

    Thanks

    Chani

    We also have a backlog of this type of work but you already appreciate that and the process it seems. And if you are talking in terms of weeks then I'm guessing the seller's solicitor has asked for it to be expedited.

    Expedition essentially cuts the wait time between receipt and consideration. It's normally then considered within 2 weeks of expedition

    A survey will be needed, if the evidence lodged is deemed sufficient to warrant that, and it sounds as if first time round that wasn't the case or the wrong type if application was made. A survey normally happens within 2 weeks of that initial consideration

    They are notified that a survey is to be carried out so they should know - do they?

    And once that result is in everything really depends on whether it is as 'obvious' as suggested and whether we need to do further checks e.g. contact adjoining property owners. If we do then that can add an additional delay as we wait fir those checks to be completed

    You can contact us to confirm receipt/expedition but we wouldn't go into much more detail than what I've said here. But it may help to join some of the dots in understanding what's happening and possible timescales
    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"
  • Yes there are delays but that seems very long. Although completed in August the key date for us is the date its lodged with us.

    Do you have the title number involved?

    Hello, it is CYM384737.
  • I am currently in the process of purchasing a property - however it has come to light that the headlease cannot be found, below is the exact quote from my solicitor

    “The only issue I believe that may cause a problem is the fact that the Head lease upon which the Lease was granted for your property is not available. This means that we will be unable to deduce the title to your lender. Most leases tend not to allow subletting of part, which is what has happened”

    There is a sublease that was granted in 2005 for 125 years, and I am confused how this has happened without a headlease?

    Any information would be great, as it’s confusing without much to go off
  • Land_Registry
    Land_Registry Posts: 5,755
    First Anniversary Name Dropper First Post
    Organisation Representative
    Fitzsy wrote: »
    I am currently in the process of purchasing a property - however it has come to light that the headlease cannot be found, below is the exact quote from my solicitor

    “The only issue I believe that may cause a problem is the fact that the Head lease upon which the Lease was granted for your property is not available. This means that we will be unable to deduce the title to your lender. Most leases tend not to allow subletting of part, which is what has happened”

    There is a sublease that was granted in 2005 for 125 years, and I am confused how this has happened without a headlease?

    Any information would be great, as it’s confusing without much to go off

    Fitzsy it's not really worth speculating on something so specific without looking at the precise title details - do you know the title number involved?
    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"
  • Land_Registry
    Land_Registry Posts: 5,755
    First Anniversary Name Dropper First Post
    Organisation Representative
    Hello, it is CYM3**737.

    Many thanks - that title is the parent title, namely the one out of which each plot is being sold.

    There's nothing pending at present so we are now up to date on that development.

    The last application, which using your user name suggests that's the one relevant to you, was lodged in September and completed mid Feb.

    That's a while ago now but suggest checking again with your solicitor to be sure as they would have been notified same day as it was registered
    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"
  • dunroving
    dunroving Posts: 1,881
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    Forumite
    edited 17 April 2018 at 10:23AM
    I've just discovered this thread, which looks like it is for people with questions for Land Registry (correct?)

    Here is my situation, which is also described in my thread titled "Title - leasehold vs. freehold?"

    House was purchased leasehold in 1963 by Mr and Mrs X. Lease is currently unregistered and as far as I know, original deeds have been lost/can't be found.
    Freehold was purchased by Mr and Mrs X in 1996. The copy title document refers to the prior lease.
    Mr and Mrs X recently deceased and I am purchasing the house from their son, who is the executor.

    The TR1 form refers only to the Freehold, which means if I proceed, I will own the Freehold but not the leasehold - not a good situation.

    I believe my options are as follows, but would appreciate any opinion from Land Registry.

    Option 1: Ask the vendor/vendor's solicitor to merge the leasehold and freehold, so that there is only the freehold applying to the property. This is likely to be a very slow process, especially as I believe the original leasehold deeds cannot be found, and the leasehold has never been registered. (Land Registry: What is the likely timeline if we went this route?)

    Option 2: Add the leasehold to the sale (i.e., it currently is not on the TR1 form). I am thinking that this may also be time-consuming as I believe the leasehold will need to be registered as part of the sale, and as above, the original leasehold deeds cannot be found. (Land Registry: What is the likely timeline if we went this route? Would the lease title need to be registered prior to sale?)

    Another option (not even sure if it is an option; I have asked my solicitor about it in an email), is whether the sale can proceed on the basis of the freehold, with a legal undertaking by the vendor/vendor's solicitor to register the leasehold and then transfer to me. I would want this to be legally watertight, with agreed timelines, and possibly even a portion of the sale proceeds to be held back until it has been done. (Land Registry: This may be beyond your comfort zone, as it is a legal question, but are you aware of this process being followed in other house purchases?)

    (Freehold) title number if needed is HW183124
    (Nearly) dunroving
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