Land Registry questions

Land_Registry · 12 April 2018 at 8:04AM

smiffy015 wrote: »

A court has ordered that a rectification of deeds should be applied for to the Land Registry for a carport that is beneath our master bedroom that never had any lease put in place when the houses were built 10 years ago. Long story short, we did not contest this as after 4 years of solicitor fees we have given in to the building company and let them have it. The problem is that now we are SSTC on our house with Taylor Wimpey who we are part exchanging with on a new build. They are now saying that they need the paperwork from the land registry before any contracts can be exchanged. According to our solicitor it is down to building company's solicitors to contact the land registry to get it all arranged. We can't afford for them to drag their heels with this.. how long would the land registry take to draw up the new paperwork, does anyone know? We really need to get this sorted ASAP as I'm worried Taylor Wimpey will pull out of the part exchange and we have already paid over 10k for the options on the new build as this needed doing before the roof got put on.

smiffy015 if they contact us and explain the urgency then we can expedite the process. This generally means that the wait time before it is considered is reduced considerably, normally to around 10 working days.
Then everything depends on it all being in order of course
You need to press the solicitors to confirm that they have contacted us to request expedition and supplied the details as to the urgency involved.

Land_Registry · 12 April 2018 at 8:06AM

Lokolo_2 wrote: »

I have paid for a lease extension to my flat which was agreed in August 2017, 3 months ago I heard from my solicitor that it is still pending upload to the Land Registry. I am now in the process of selling my flat and the solicitor has provided my memo of sale to the land registry in an attempt to expedite uploading the new lease. My question is how long does this take, and is there any way it can be sorted quicker? I am at the stage in the sale where the buyer needs to see proof of the new lease and this delay is slowing down the process unfortunately.

I am happy to PM details if this helps, appreciate any help.

Lokolo 2 same scenario as smiffy above so if expedited then the wait time is much less. It can't be done any quicker than being expedited so you need to ask the solicitor to confirm that has taken place and whether we have raised any issues over their application - they should be aware of what is happening

AH90 · 12 April 2018 at 2:53PM

Hi,

I’m currently in the process of buying a property which has been in the same family since it was built in the 30’s so is unregistered. From what I’ve understood from my solicitor is that the document that is used in these circumstances is an Assent along with death certificates. One of the names on the assent isn’t a problem, however the other name on the accent doesn’t match the death certificate. On the accent gives the full name, however on the death certificate only a shortened version of their name is given with the surname.
The sellers solicitors have been insisting for over 2 months that this would be acceptable to the land registry. But our solicitor has said it is unlikely that this would be accepted and doesn’t want to be left with issues explaining the discrepancies to the land registry if we accepted the assent. Our solicitor has been pushing for voluntary registration which they have been avoiding for weeks now.
So our solicitor has asked the sellers solicitor to get in contact with the land registry to get in writing whether the assent would be accepted with the discrepancies, which they have also refused to do.
So my question is just that, would it be acceptable?

Many thanks

PiggyBank01 · 12 April 2018 at 3:17PM

Hi Land Registry,

I had already created a thread and as I can`t send you a PM, I`ll can only post the link to my thread in order to ask you to take a look and to avoid cross-posting.

My query is around Prescriptive Easements Over Unregistered Land.

The thread is here http://forums.moneysavingexpert.com/showthread.php?t=5826005

Thank you in advance.

dougybrown · 12 April 2018 at 9:24PM

Hi Land Registry!
Thanks for answering my questions, no need to apologise about any delay, just really grateful that you replied!

One further question or two if you don't mind (I'm sure I'll have more as I read the links/guidance you posted!), since I am the personal representative as well as one of the transferees, am I right in thinking that I do not need to complete an ID1, can you confirm? As the assent will be to my sister and myself, do I need an ID1 for my sister or am I able to certify her identity?

RegWorts · 13 April 2018 at 1:21AM

A family member is really interested in buying a house that backs onto a local park owned by the Parish Council.

There is a gate in the fence at the bottom of the garden that has been there for a few years but there is no mention in the Land Registry Title Deeds of whether there is a legal right of access to the park by using this gate. ( The fence is owned by the house)

Is there such a thing as a prescriptive right of access that can be claimed if this gate has been used for a number of years .....and if so is it 20 years or less?

This house ( in England ) has just come on the market so a decision has not been made whether to buy it or not, meaning that a solicitor has not been engaged yet.

The Land Registry documents downloaded via the Internet was the initial quicker, easier and much cheaper option to check first before asking a solicitor

Thanks

Land_Registry · 13 April 2018 at 6:16AM

AH90 wrote: »

Hi,

I!!!8217;m currently in the process of buying a property which has been in the same family since it was built in the 30!!!8217;s so is unregistered. From what I!!!8217;ve understood from my solicitor is that the document that is used in these circumstances is an Assent along with death certificates. One of the names on the assent isn!!!8217;t a problem, however the other name on the accent doesn!!!8217;t match the death certificate. On the accent gives the full name, however on the death certificate only a shortened version of their name is given with the surname.
The sellers solicitors have been insisting for over 2 months that this would be acceptable to the land registry. But our solicitor has said it is unlikely that this would be accepted and doesn!!!8217;t want to be left with issues explaining the discrepancies to the land registry if we accepted the assent. Our solicitor has been pushing for voluntary registration which they have been avoiding for weeks now.
So our solicitor has asked the sellers solicitor to get in contact with the land registry to get in writing whether the assent would be accepted with the discrepancies, which they have also refused to do.
So my question is just that, would it be acceptable?

Many thanks

AH90 i think you may need to double check the details of the problem

If the owner has died then the executor will need probate and the Assent then refers to the executor as being the personal representative in that capacity

And if they are selling to you that would be by way of a Transfer, by the executor, to you.

Can you check/clarify please as it's probate and deed that normally matter here. Not death certificate

Land_Registry · 13 April 2018 at 6:21AM

dougybrown wrote: »

Hi Land Registry!
Thanks for answering my questions, no need to apologise about any delay, just really grateful that you replied!

One further question or two if you don't mind (I'm sure I'll have more as I read the links/guidance you posted!), since I am the personal representative as well as one of the transferees, am I right in thinking that I do not need to complete an ID1, can you confirm? As the assent will be to my sister and myself, do I need an ID1 for my sister or am I able to certify her identity?

We don't need ID verification fir the executir(s) as probate covers that aspect. So if your sister is only a beneficiary then we need ID verification for her. You can't do that so you'll need to follow the form ID1 and guidance to see how that is completed

Land_Registry · 13 April 2018 at 6:29AM

RegWorts wrote: »

A family member is really interested in buying a house that backs onto a local park owned by the Parish Council.

There is a gate in the fence at the bottom of the garden that has been there for a few years but there is no mention in the Land Registry Title Deeds of whether there is a legal right of access to the park by using this gate. ( The fence is owned by the house)

Is there such a thing as a prescriptive right of access that can be claimed if this gate has been used for a number of years .....and if so is it 20 years or less?

This house ( in England ) has just come on the market so a decision has not been made whether to buy it or not, meaning that a solicitor has not been engaged yet.

The Land Registry documents downloaded via the Internet was the initial quicker, easier and much cheaper option to check first before asking a solicitor

Thanks

RegWorts 20 years minimum and have a read of our PG52 for wider guidance

AH90 · 13 April 2018 at 7:44AM

Land_Registry wrote: »

AH90 i think you may need to double check the details of the problem

If the owner has died then the executor will need probate and the Assent then refers to the executor as being the personal representative in that capacity

And if they are selling to you that woukd be by way of a Transfer, by the executor, to you.

Can you check/clarify please as it's probate and deed that normally matter here. Not death certificate

Thanks for your response. Our solicitor has said it’s all quite complicated. If it helps from what I understand the house has been granted probate to the children of the deceased. But i think the assent is from the 1970’s and is accented from the grandparents to the now deceased parents. So I don’t think the executors are referred to on the accent.

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