Land Registry questions

jostini · 26 July 2018 at 6:27PM

Thank you for your response.

We only have the name and address of the rent charge owner that is on the deeds so we don't actually know if they are still contactable.

Could you tell me what a state redemption is? and how long does it normally take to get one?

Also, can you explain briefly how indemnity insurance would be useful?

Thank you for your help thus far

Land_Registry · 27 July 2018 at 10:24AM

jostini wrote: »

Thank you for your response.

We only have the name and address of the rent charge owner that is on the deeds so we don't actually know if they are still contactable.

Could you tell me what a state redemption is? and how long does it normally take to get one?

Also, can you explain briefly how indemnity insurance would be useful?

Thank you for your help thus far

Follow the link provided and read the advice given

Indemnity insurance woukd be taken against them coming forward and claiming 6 years worth of the monies

You do need to be speaking to your solicitor about this

shardill · 29 July 2018 at 9:23AM

Morning, the property I already interested has folowing in the charges register:

"(11.08.1988) A conveyance of the land in this title and other land dated 1 December 1926 made between (1) Mr A and (2) Mr B contains restricted covenants but neither the original deed nor a certified copy or examined abstract thereof was produced on first registration "

Can you please advise what effect this can have in future? Or should I avoid buying this property.

Land_Registry · 30 July 2018 at 9:38AM

shardill wrote: »

Morning, the property I already interested has folowing in the charges register:

"(11.08.1988) A conveyance of the land in this title and other land dated 1 December 1926 made between (1) Mr A and (2) Mr B contains restricted covenants but neither the original deed nor a certified copy or examined abstract thereof was produced on first registration "

Can you please advise what effect this can have in future? Or should I avoid buying this property.

Restrictive covenants are imposed for the benefit of land so best case scenario is that it has no effect as no landowner ever comes forward to produce the deed/covenants and demonstrate that their land has the benefit and you have breached the covenants.

Worse case scenario is that they do.

The entry is known as a protective one as when the land was first registered the deeds submitted referred to this Conveyance but that's all. As it was not produced we have no other details.

Your conveyancer would have to advise you on whether it is a deal breaker re the purchase. In my experience most would advise you as to the risk as mentioned and whether you can/should insure against that risk through an indemnity policy

G_M · 30 July 2018 at 10:13AM

An indemnity insurance is a common solution.

But be aware that this will not protect you from the covenant, only from the financial consequences of the covenant.

So if the covenant prohibits keeping pigs in the garden, and you wish to start a pig small-holding in the garden (and have planning consent to do so - this is a separate issue), then if the neighbour produces proof that they are the beneficiary of the covenant and enforces it, your insurance won't help you to start up your small-holding, but might cover your financial loss resulting from your inability to run your business. (though I suspect you might still have a fight making a claim!)

Edward_Nygma · 31 July 2018 at 11:56AM

Hello,

I have an urgent query regarding my mum's property. She moved recently and my brother who was a guarantor and who has basically been a rent free bill free tennant since the 90's (yep she cooks and washes for him too!). He has filled out her moving forms and unbeknownst to her, has managed to get his name on the registry. My goodness.

My question is, my mum is no longer the first name; :PROPRIETOR ....'John' and 'mum'. Is there any significance in the name ordering? Why is his name first?

And also, when it comes to her death will he get full rights to the whole property?

I think there is a will, but can a will decide that 1/2 of the property goes to me the second 'non-freeloading' child? can a Will override so my mum's half does not fall into his hands?

We'll have to figure out how he managed to just fill out some paperwork and actually get on the deeds– he's never made any mortgage or deposit payment...just a !!!!!!!!!! ...
Help!
Thanks!

Land_Registry · 31 July 2018 at 3:56PM

Edward_Nygma wrote: »

Hello,

I have an urgent query regarding my mum's property. She moved recently and my brother who was a guarantor and who has basically been a rent free bill free tennant since the 90's (yep she cooks and washes for him too!). He has filled out her moving forms and unbeknownst to her, has managed to get his name on the registry. My goodness.

My question is, my mum is no longer the first name; :PROPRIETOR ....'John' and 'mum'. Is there any significance in the name ordering? Why is his name first?

And also, when it comes to her death will he get full rights to the whole property?

I think there is a will, but can a will decide that 1/2 of the property goes to me the second 'non-freeloading' child? can a Will override so my mum's half does not fall into his hands?

We'll have to figure out how he managed to just fill out some paperwork and actually get on the deeds– he's never made any mortgage or deposit payment...just a !!!!!!!!!! ...
Help!
Thanks!

There is no significance in the order of the names - they will have been registered in the order they were referred to in the legal deed presumably submitted to update the register.

The normal way a title is updated is by the existing registered owner transferring to joint names

The legal ownership will pass to the surviving joint owner following a death but wills are an important part in protecting the deceased's share of the property for example
I would strongly recommend that you seek legal advice re both what happens next and if you have any concerns over how the update was achieved.

smegal · 1 August 2018 at 2:44PM

Hello

I am trying to locate a copy of the head-lease (aka superior lease) which relates to the lease for our individual flat (aka sublease or under lease). I'm hoping to find the detail of how the Service Charge is supposed to be divided across all the different properties on the estate as some are freehold, some have lifts, etc.

Our Lease Title No is SY551601 and believe the Headless Title No is SY714366 as this is number our conveyancing solicitor was quoting when trying to obtain it from the seller's solicitor, to no avail I'm afraid.

Is there a way to confirm that is the headlease?
How do I obtain a copy?

Thanks for your help.

Land_Registry · 1 August 2018 at 3:00PM

SY551601 is a freehold title out of which a head lease is granted and registered under SY714366

You can apply by post for a copy of the head lease. If you don't have the details required then you would need to check the register before applying and you can do that by searching using the title number

smegal · 1 August 2018 at 4:59PM

Thanks for the info.
Found our Title registry which is SY717082 for our flat.
Is the head lease SY714366 assigned to a specific property or if not to what?

Thanks again.

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