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Land Registry questions

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Comments

  • Land_Registry
    Land_Registry Posts: 5,779 Organisation Representative
    First Anniversary Name Dropper First Post
    moneysense123 wrote: »
    Hi, we are near to exchange but awaiting a response from the lad registry. The house we are buying was built by a builder called Portford homes who have now dissolved as a company. The solicitors have flagged a restriction on the house which needs removing relating to amenities which have now need taken up by the local water board. The solicitors dealing with the vendors we are buying off have now sent an RX2 to the land registry to get this lifted. We would really like to exchange this week but want to know if this is realistic? Does this seem like a complex problem and how quick are the land registry in responding? Thank you

    moneysense123 - an RX2 is used to modify or disapply a restriction so we would need to consider the supporting evidence submitted and posisbly/probably write to the restrictioner.

    The devil is always in the detail but invariably the applicaiton will take time and would not, in my experience, be done in in a few days which seems to be the suggested timeframe

    If the seller's solicitor have submitted it then they should be able to find out timescales/action taken for you. If we do contact a third party then the minimum time allowed for any reply is often 15 working days

    PS - sorry for slow response to your query. Hopefully the caseworker will be considering it far quicker than I managed
    “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"
  • Estelle77
    Estelle77 Posts: 74 Forumite
    Hello,
    it was brought to my attention that this could be a good thing to have:
    https://www.gov.uk/protect-land-property-from-fraud

    Reading the risk factors, none of those seem to apply to us. House bought recently (private, not business), on mortgage, two owners (so identity would need to be stolen of both of us), not rented, not left empty, not living abroad, etc...

    Is it really worth to register and pay £40?
    Thanks.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Why not just sign up to get property alerts

    It's free.
  • Estelle77
    Estelle77 Posts: 74 Forumite
    G_M wrote: »
    Why not just sign up to get property alerts

    It's free.

    Fab! Thanks!
  • Land_Registry
    Land_Registry Posts: 5,779 Organisation Representative
    First Anniversary Name Dropper First Post
    Estelle77 - all the options are available to you so it is very much your choice.

    In my experience ensuring that your contact address(es) are up to date and putting the free alert in place is usually enough.

    The restriction tends to be recommended more where you have a genuine concern re risk of fraud and other events suggest it might be worth putting in place.
    “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"
  • Ciaowood
    Ciaowood Posts: 2 Newbie
    Hi, I have a parking question if I may please. On our development there are parking bays. With a particular property the boundary surrounds a plot of shared access, in short another unmarked parking bay - my question is am I legally ok to park there because it is shared access, or because their boundary covers that area am I not? Thanks.
  • Land_Registry
    Land_Registry Posts: 5,779 Organisation Representative
    First Anniversary Name Dropper First Post
    Ciaowood wrote: »
    Hi, I have a parking question if I may please. On our development there are parking bays. With a particular property the boundary surrounds a plot of shared access, in short another unmarked parking bay - my question is am I legally ok to park there because it is shared access, or because their boundary covers that area am I not? Thanks.

    So the 'shared access' and/or 'unmarked parking bay' form part of the registered title for the particular property. If so then you should check their registered title for details as to what rights may have been reserved over the title for access/parking

    If rights are reserved then they should be for the benefit of a defined area of land/property. If thta is the 'estate' or development for example and your own property forms part of that then you may have a right of access and be able to park there.

    The alternative is to check your own registered details to see if your own Transfer granted you rights of access and parking

    Our online guidance explains how to search online to confirm what is registered although the Transfers I refer to are likely to be filed and only available by post
    “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"
  • castlebar
    castlebar Posts: 12 Forumite
    First Anniversary
    edited 31 December 2017 at 9:52PM
    In 1992 Mr&Mrs A own a property as joint tenants,In 1993 Mr.A accepts a Classiii legal charge for £20,000 secured against the property by his mother which is still registered on the land charge register. Mr.&Mrs A divorce in 1996,and by order of the courts a deed of conveyance transferes Mr A, share of the property to Mrs A and her new husband for the sum of £6,000. Bearing in mind the above dates would the last transfere have automatically triggered compulsory registration of the property.To date the property has not been registered at Land Registry,and the legal charge is still outstanding,their have been no further transferes of ownership of the property.If anyone could please advise as to whether the property should have been registered this would be of great help in the matter. Thankyou.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    For a list of dates after which properties in various parts of the country became subject to compulsory 1st registration, see here.
  • Land_Registry
    Land_Registry Posts: 5,779 Organisation Representative
    First Anniversary Name Dropper First Post
    edited 2 January 2018 at 11:23AM
    castlebar wrote: »
    In 1992 Mr&Mrs A own a property as joint tenants,In 1993 Mr.A accepts a Classiii legal charge for £20,000 secured against the property by his mother which is still registered on the land charge register. Mr.&Mrs A divorce in 1996,and by order of the courts a deed of conveyance transferes Mr A, share of the property to Mrs A and her new husband for the sum of £6,000. Bearing in mind the above dates would the last transfere have automatically triggered compulsory registration of the property.To date the property has not been registered at Land Registry,and the legal charge is still outstanding,their have been no further transferes of ownership of the property.If anyone could please advise as to whether the property should have been registered this would be of great help in the matter. Thankyou.

    Compulsory registration covered the whole of England and Wales in 1990 so I would expect any transfer of legal ownership after that date to trigger first registration.

    Your terminology raises some Qs though as you refer to '...by order of the courts a deed of conveyance transferes Mr A, share of the property to Mrs A and her new husband for the sum of £6,000' - you can't transfer a share of the legal ownership in registration terms as it's the whole which has to be transferred. The end result may be seen as effecting a transfer of someone's share in the value though.

    If the court ordered that the property be transferred from joint names to a sole name; a Conveyance was then drawn up by the 2 to 1; and then executed I would expect that have triggered the need to then register the property in the sole name.

    The devil is always in the detail so it's key to look at what legal deed (if any) was completed re the legal (not beneficial) ownership.
    “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"
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