Land Registry questions

da_rule · 12 October 2018 at 3:06PM

balldred wrote: »

Hi Land Registry!,

Just after a bit of advice around (estimated) timings.

We are the middle party in a small chain, FTB buying our house.
All offers, surveys and proposed dates have been agreed up/down the chain.
Solicitor stuff all appears to be ready apart from one last hitch!

The house we are buying had a field on the Title.
However this field was sold to a 3rd party and is currently working its way through the Land Registry process.
On the deeds the solicitor was working from the field still shows at present and hence our mortgage company will not release funds against an incorrect title. (Entirely justifiably)

We need to wait for the land registry process to complete before we can push all parties to exchange.

My questions are,
1. How long does Transfer of Part usually take?
(I have a scan of the Land reg Application, with "priority Date" listed as the 20th of Sept.)
2. Does this one Application do everything, ie amend the title for the property I am buying as well as give the new field owner the field? Or would I need something else raised to finalise the title for the property I am buying?

I would leave all this up to the Solicitor and just wait, however with a tentatively agreed completion date of the 23rd of this month I need to splash the cash to get movers etc booked in.
Also since selling with Purplebricks, I am managing most of the comms with my purchaser directly. So I want to keep them informed of any possible delay coming up.

Thanks in advance for letting me rack your brains

At the moment the Land Registry are processing applications for transfers of part in 52 working days (on average). This can take longer where enquiries are raised and where there are delays in responding to those enquiries.

The person who made the application (I assume it would be the solicitor for the person who bought the field) could apply to the Land Registry to expedite the application on the basis that it is holding up further a transaction involving the parent title.

The transfer of part will do everything. It will update the title plan (and title register if necessary) of the title for the property you want to buy.

Land_Registry · 12 October 2018 at 3:33PM

laskoibence wrote: »

Good Afternoon,

any updated on this please?
MS563915

This application is still awaiting processing, but we will chase it up.

laskoibence · 12 October 2018 at 4:10PM

Land_Registry wrote: »

This application is still awaiting processing, but we will chase it up.

thank You

Land_Registry · 12 October 2018 at 10:17PM

balldred wrote: »

Hi Land Registry!,

Just after a bit of advice around (estimated) timings.

We are the middle party in a small chain, FTB buying our house.
All offers, surveys and proposed dates have been agreed up/down the chain.
Solicitor stuff all appears to be ready apart from one last hitch!

The house we are buying had a field on the Title.
However this field was sold to a 3rd party and is currently working its way through the Land Registry process.
On the deeds the solicitor was working from the field still shows at present and hence our mortgage company will not release funds against an incorrect title. (Entirely justifiably)

We need to wait for the land registry process to complete before we can push all parties to exchange.

My questions are,
1. How long does Transfer of Part usually take?
(I have a scan of the Land reg Application, with "priority Date" listed as the 20th of Sept.)
2. Does this one Application do everything, ie amend the title for the property I am buying as well as give the new field owner the field? Or would I need something else raised to finalise the title for the property I am buying?

I would leave all this up to the Solicitor and just wait, however with a tentatively agreed completion date of the 23rd of this month I need to splash the cash to get movers etc booked in.
Also since selling with Purplebricks, I am managing most of the comms with my purchaser directly. So I want to keep them informed of any possible delay coming up.

Thanks in advance for letting me rack your brains

As da_rule posts

All down to seller's solicitor to provide details of linked transaction and confirm urgency. They shoukd know what's needed

PassingOutInTheParade · 13 October 2018 at 9:19AM

Land_Registry wrote: »

Fair point re i and o but it makes the point

Anne or Ann; Geoff Mark Smith or Geoff Smith; Iain Jones or Ian Jones can all be different people in a legal deed only scenario. You may know they are one and the same respectively but it's only 100% clear that they are if those details match

Thank you for the information.
I can fully understand the requirement now; everything needs to be 100% or not at all.

Lost_Property · 13 October 2018 at 7:22PM

I have a queation relating to an annually renewable lease which until the latest renewal was between the registered owner and his managing agent (who leases the house for a "guaranteed" rent then lets out the indivudual rooms on Assured Shorthold Tenancies)..
On the copy of the renewed lease a new name appears next to the owner's name (as if jointly entitled to the income from the lease). We've had nothing from LR to suggest that anyone has become a co-owner of the property so I'm wondering if the document I've seen is a fabrication that the owner knows nothing about, and is merely to "explain" to the tenants why all the (unpaid) bills are suddenly in a mystery new name as of middle of last year.

Is it fair to assume an owner wouldn't simply assign a half-share of rental receipts unless they had sold a half-share in the property? And if the sale had occured would a letter from LR have been sent to the new co-owner at the address in question?

G_M · 13 October 2018 at 8:28PM

Lost_Property wrote: »

I have a queation relating to an annually renewable lease which until the latest renewal was between the registered owner and his managing agent (who leases the house for a "guaranteed" rent then lets out the indivudual rooms on Assured Shorthold Tenancies)..

This needs clarifying.

An "annually renewable lease" is clearly not a long lease that would be registered with the Land Registry.

Thus this issue is unlikely to fall within the remit of the Land Registry and I recommend starting a new thread.

Also a bit strange that the lease would be between the owner/landlord and his managing agent. By definition, an agent works on behalf of their employer (the owner/landlord) - yes, there would be a contract in place, but a lease.......?

On the copy of the renewed lease a new name appears next to the owner's name (as if jointly entitled to the income from the lease). We've had nothing from LR to suggest that anyone has become a co-owner of the property

If, as I suspect, this lease does not require registration with the LR (an annual lease), then no change of owner would be notified from the LR.

I think you need to explain more fully about this lease.

NOTE to Land Reg Rep and others - this poster has now raised the question on the main board here as it is not a LR question.

Trixsie1989 · 13 October 2018 at 10:45PM

Hi land registry people

We currently own a house that has a shared drive with a neighbour. Both parties are in agreement to get the shared part of deeds rewritten and agree new boundary line between the two house, how do we go about changing the deeds with land registry please?

Thank you!

Evkiev · 14 October 2018 at 8:36PM

Hi Land Registry, I hope you can help us! We're in the process of buying a property that is unregistered. Our solicitor originally said that this would pose no problem as we could register after exchange and completion, however, it has come to light that an additional owner was added to the mortgage in 1993 and the property should have been registered at this time but was not. This person is the current owner, the other person now being deceased.

Would this add complications if we were to register after exchange and completion? Our solicitor has advised that the vendor produces documentation to explain the lack of registration in '93 or registers it themselves so can transfer the registration as part of the purchase. The former seems unlikely and the latter sounds like a lengthy process and the chain below us is putting pressure on us to complete.

Really appreciate any advice that you can offer on this!

Evkiev

Land_Registry · 15 October 2018 at 5:25AM

Lost_Property wrote: »

I have a queation relating to an annually renewable lease which until the latest renewal was between the registered owner and his managing agent (who leases the house for a "guaranteed" rent then lets out the indivudual rooms on Assured Shorthold Tenancies)..
On the copy of the renewed lease a new name appears next to the owner's name (as if jointly entitled to the income from the lease). We've had nothing from LR to suggest that anyone has become a co-owner of the property so I'm wondering if the document I've seen is a fabrication that the owner knows nothing about, and is merely to "explain" to the tenants why all the (unpaid) bills are suddenly in a mystery new name as of middle of last year.

Is it fair to assume an owner wouldn't simply assign a half-share of rental receipts unless they had sold a half-share in the property? And if the sale had occured would a letter from LR have been sent to the new co-owner at the address in question?

As G_M posts ASTs are not registerable so HMLR would not be involved. As a general rule leases of more than 7 years term can be registered. See our PG for more details
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