Land Registry questions

Land_Registry · 1 December 2018 at 10:31PM

awais90 wrote: »

Thanks very much, but surely if the freehold is split, the freehold for the 2 flats furthest from the side plot won't be impacted by anything (building garage for car) because they are around 10m from the side plot, and so it wont affect them? As the covenant states this freehold land is only for use as private garden and car parking - I don't want to bring their attention to it or discuss the covenant with the owners as I won't be able to get the indemnity insurance.
Also if I were to take this to the upper tribunal to have it removed (even though the covenant was set within the last decade) are these types of covenants rarely removed? Or do you have a link for any archives?

Again many thanks for your help - its only because I own some classic cars which need to be in sheltered accommodation (have recently spent a lot repairing their rust issues!) but I digress

Like many others thanks for your help

Covenants are rarely removed but it's legal advice you need as to your likely success here. Your view is that 10m is too far away to impact but that may not be the legal view bearing in mind how and when the covenant was imposed and for whose benefit.

But very much something to get legal advice on especially if your are seeking indemnity insurance. We deal with the removal, if any, so the end result. Not how you get there.

Land_Registry · 1 December 2018 at 10:35PM

Spazter wrote: »

Property Alert Reference number is 802247 and HM Land Registry reference is: I040WPQ.

My property is freehold too. Can someone lodge against our property for a loan etc?

Thanks

Many thanks but it will be the title number or address I need to offer any insight.

Yes, a loan or a debt affecting the property can trigger an application. In most cases you'd need to contact the applicant to query or submit an official search (OS3) to check for more details.

So are you suggesting you may know what it relates to now?

Some applications would cause us to notify you of what they are anyway as part if the registration service, quite separate from the Alert service.

Spazter · 1 December 2018 at 10:40PM

Land_Registry wrote: »

Many thanks but it will be the title number or address I need to offer any insight.

Yes, a loan or a debt affecting the property can trigger an application. In most cases you'd need to contact the applicant to query or submit an official search (OS3) to check for more details.

So are you suggesting you may know what it relates to now?

Some applications would cause us to notify you of what they are anyway as part if the registration service, quite separate from the Alert service.

The property title number is WYK183460 and I have no idea what it relates to and why Newton’s Solicitors have lodge an application on my title deeds. It worries me that someone can do this so easily! Do I ring Newton’s who have many branches to stop this or land registry? Thanks

Land_Registry · 2 December 2018 at 10:11AM

Spazter wrote: »

The property title number is WYK183460 and I have no idea what it relates to and why Newton’s Solicitors have lodge an application on my title deeds. It worries me that someone can do this so easily! Do I ring Newton’s who have many branches to stop this or land registry? Thanks

Many thanks - you should do both but see later comment

The purpose of the alert is to do just that. It's set up by yourself so next steps, once alerted, are very much up to you but if you think there's a risk of fraud then you should cover all the bases - BUT please read my final comment

Anyone can submit an application against a title to protect a genuine interest. That will always be 'easy' but the actual registration process has built in checks and safeguards so an application is not just completed there and then for example. The only type which is would be an electronic discharge (redemption) when a lender removes their charge when a mortgage is paid off.

I've checked the basic details submitted against that title and it looks to me as if they have applied against the wrong title number. The property and named parties on the form submitted don't match the registered details. So I suspect they've got the title digits mixed up somehow.

Although that rarely happens it is something we would pick up as part of the checks I mentioned above. I'll cover that off with colleagues first thing Monday to confirm and correct as appropriate.
I'll post again on here to advise on outcome.

Note - some may suggest these checks should happen before any alert. However the system triggers the alert at the earliest point of submission as it's the system receipt software that triggers. Any other way would rely on manual and later intervention and delay in genuine fraud cases can be a significant issue.

SDLT_Geek · 2 December 2018 at 10:52AM

What a helpful reply from the Land Registry to Spazter and on a Sunday! To be highly commended.

Marina2016 · 2 December 2018 at 2:12PM

Is there a way of checking how much stamp duty has been paid to date on a shared ownership property?

Spazter · 2 December 2018 at 3:54PM

Land_Registry wrote: »

Many thanks - you should do both but see later comment

The purpose of the alert is to do just that. It's set up by yourself so next steps, once alerted, are very much up to you but if you think there's a risk of fraud then you should cover all the bases - BUT please read my final comment

Anyone can submit an application against a title to protect a genuine interest. That will always be 'easy' but the actual registration process has built in checks and safeguards so an application is not just completed there and then for example. The only type which is would be an electronic discharge (redemption) when a lender removes their charge when a mortgage is paid off.

I've checked the basic details submitted against that title and it looks to me as if they have applied against the wrong title number. The property and named parties on the form submitted don't match the registered details. So I suspect they've got the title digits mixed up somehow.

Although that rarely happens it is something we would pick up as part of the checks I mentioned above. I'll cover that off with colleagues first thing Monday to confirm and correct as appropriate.
I'll post again on here to advise on outcome.

Note - some may suggest these checks should happen before any alert. However the system triggers the alert at the earliest point of submission as it's the system receipt software that triggers. Any other way would rely on manual and later intervention and delay in genuine fraud cases can be a significant issue.

Thank you ever so much for this in-depth reply especially on a weekend! This puts my mind at rest but I will still be phoning the solicitors and land registry on Monday to ensure this is removed. I’m glad I have the alerts set up on my deeds but it was a tad worrying seeing this on my alert but glad to hear there are steps that prevent anyone going any further with applications against deeds.

Thank you again for looking into this on a weekend it’s really appreciated

Land_Registry · 2 December 2018 at 4:50PM

Marina2016 wrote: »

Is there a way of checking how much stamp duty has been paid to date on a shared ownership property?

HMRC deal with SDLT so you'd need to check with them

Land_Registry · 2 December 2018 at 4:52PM

Spazter wrote: »

Thank you ever so much for this in-depth reply especially on a weekend! This puts my mind at rest but I will still be phoning the solicitors and land registry on Monday to ensure this is removed. I’m glad I have the alerts set up on my deeds but it was a tad worrying seeing this on my alert but glad to hear there are steps that prevent anyone going any further with applications against deeds.

Thank you again for looking into this on a weekend it’s really appreciated

Please feel free to ring the Solicitirs. But no need to ring us as I will get it checked and sorted for HMLR. One less phone call helps

G_M · 2 December 2018 at 11:50PM

I applied (form OC2) for a document mentioned in a property Title - Charges Register:
"NOTE: Copy plan to conveyance filed under MX264855."

I received a letter back (your ref: NGL120528/OC/167/KJ) from LR stating:" HM Land Registry does not normally retain a copy of a deed when information from that deed is set out in the register."

However the wording in the register is meaningless without reference to the Plan.

Does the LR not retain the Plan?If not, why not, and if so, why was it not sent?

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