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Land Registry questions

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Comments

  • WelshKitty85
    WelshKitty85 Posts: 1,439 Forumite
    First Anniversary Name Dropper First Post
    edited 8 September 2017 at 11:21AM
    Land_Registry wrote: »
    Contact us at customer.service@landregistry.co.uk and we can take a look and see what's been said and where we are at. If they got a 'terse' response it would be interesting to see why also

    Thanks. I've emailed.
  • WelshKitty85
    WelshKitty85 Posts: 1,439 Forumite
    First Anniversary Name Dropper First Post
    I've had a response already and it was not at all terse!
    Thanks for your help.
  • Haybarn
    Haybarn Posts: 7 Forumite
    I have a boundary dispute, developer fenced off more land than shown on TP1 and my LR plan when he bought land from my House Title (500 square metres extra taken). Costing me money to resolve, am pensioner and may soon run out. Up to date OS map shows physical boundary clearly not where TP1 and my House Title plan show legal boundary. My House Title is in my wife & my name, can I transfer disputed land to myself using a TP1 and AP1 with OS maps and refer it to original transfer? I can then sell my House Title disclosing that I had a dispute but that the disputed section of land has now been removed from my House Title. Developer would then have to settle with me in order for him to get legal Title to disputed land. I would not get possession of disputed land but I would still have the paper title to it. My solicitor has written to developer and he just prevaricates costing me money.
  • Land_Registry
    Land_Registry Posts: 5,779 Organisation Representative
    First Anniversary Name Dropper First Post
    Haybarn wrote: »
    I have a boundary dispute, developer fenced off more land than shown on TP1 and my LR plan when he bought land from my House Title (500 square metres extra taken). Costing me money to resolve, am pensioner and may soon run out. Up to date OS map shows physical boundary clearly not where TP1 and my House Title plan show legal boundary. My House Title is in my wife & my name, can I transfer disputed land to myself using a TP1 and AP1 with OS maps and refer it to original transfer? I can then sell my House Title disclosing that I had a dispute but that the disputed section of land has now been removed from my House Title. Developer would then have to settle with me in order for him to get legal Title to disputed land. I would not get possession of disputed land but I would still have the paper title to it. My solicitor has written to developer and he just prevaricates costing me money.

    The two of you can transfer part to just one of you. If there's a mortgage in place you are likely to need you lender's consent

    Whether it's the best way to resolve the issue is one we have to leave for others, really your solicitor, to comment on
    “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"
  • Lrv
    Lrv Posts: 1 Newbie
    Can the councils still agree a change of use to a business if the deeds have a covenant saying no business use.
    Thanks
  • Land_Registry
    Land_Registry Posts: 5,779 Organisation Representative
    First Anniversary Name Dropper First Post
    Lrv wrote: »
    Can the councils still agree a change of use to a business if the deeds have a covenant saying no business use.
    Thanks

    Lrv - a council's restricitons on use are quite separate from a restrictive covenant for example. So in effect yes.

    A covenant is imposed for the benefit of land so the covenant would be imposed by the legal owner(s) if any identified benefiting land/property

    The simplest example of this is where a parcel of land is developed and the builder sells off each plot and imposes such a covenant. The benefiting land/property is the land the builder owned. In essence the other 9 plots then have the benefit of the covenant

    If you are looking to try and enforce a breach of such a covenanys you will need to identify the benefiting land and then get legal advice as to how to enforce it. That is a legal matter and not a registration one
    “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"
  • pernes
    pernes Posts: 270 Forumite
    First Post First Anniversary Combo Breaker
    Hi, I have downloaded the schedule of lease titles for the block of flats and garages. The flat was sold with share of freehold, the flat and garage have separate leases. Looking at the documents it appears that two garage leases were sold by residents, then two years on the freehold for these garages was sold. I am trying to confirm who would have had permission to agree to the freehold sale as all residents own a share of the freehold?

    Many thanks
  • Land_Registry
    Land_Registry Posts: 5,779 Organisation Representative
    First Anniversary Name Dropper First Post
    pernes wrote: »
    Hi, I have downloaded the schedule of lease titles for the block of flats and garages. The flat was sold with share of freehold, the flat and garage have separate leases. Looking at the documents it appears that two garage leases were sold by residents, then two years on the freehold for these garages was sold. I am trying to confirm who would have had permission to agree to the freehold sale as all residents own a share of the freehold?

    Many thanks

    Pernes - it starts with who is registered as the freehold owner - if for example their is Residents Assoc to which all the leaseholders are shareholders then it starts with the Res Assoc and how it can conduct buesiness. This is often the same as a company, namely there will be authorised signatories such as Director/Secretary

    If actual individual leaseholders are registered as freeholders collectively then all the named individuals would then need to complete the Transfer

    'Permission' can be something quite different though but the starting point re the actual transfer of ownership would be the legal deed, TR1/TP1, and work back from there with regards who completed it and then ask them re what permission they had to make the transfer
    “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"
  • pernes
    pernes Posts: 270 Forumite
    First Post First Anniversary Combo Breaker
    Land_Registry wrote: »
    Pernes - it starts with who is registered as the freehold owner - if for example their is Residents Assoc to which all the leaseholders are shareholders then it starts with the Res Assoc and how it can conduct buesiness. This is often the same as a company, namely there will be authorised signatories such as Director/Secretary

    If actual individual leaseholders are registered as freeholders collectively then all the named individuals would then need to complete the Transfer

    'Permission' can be something quite different though but the starting point re the actual transfer of ownership would be the legal deed, TR1/TP1, and work back from there with regards who completed it and then ask them re what permission they had to make the transfer

    Thanks for the reply. How can I download a copy of the completed TR1/TP1 for this transaction showing the sale?
    All residents own a share of the freehold and registered as shareholders in the company.
  • Land_Registry
    Land_Registry Posts: 5,779 Organisation Representative
    First Anniversary Name Dropper First Post
    pernes wrote: »
    Thanks for the reply. How can I download a copy of the completed TR1/TP1 for this transaction showing the sale?
    All residents own a share of the freehold and registered as shareholders in the company.

    Pernes - check the registered details first and see what reference it makes to the last sale/Transfer
    You cna then apply for a copy by post https://www.gov.uk/get-information-about-property-and-land
    “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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