Land Registry questions

Land_Registry · 6 January 2020 at 1:36PM

thomasbottom wrote: »

Dear Land Registry
It's now 8 months down the line and the transfer of part has been done.
My solicitor said the have had the 'details' and they are now being uploaded by the LR and this will take a long time. I am still trying to sell my house and wondered if you could let me know how long it should take.
She said it could be expidited if I get a sale but I am so nervous the documents won't be correct after all the problems I have had so I want to see it all on paper before it gets that far.
Below is from the solicitor with reference numbers.
If you could let me know when this is due to be finished/completed etc I would be very grateful. Many thanks
the parent title number is DY188406. The land you will acquire has been allocated a title number in readiness of completion which is DY53901.

Apologies for slow response to this one

The title numbers quoted relate to an application submitted in late October although the provisionally allocated title is DY539101

The average timescale for this type of application means it is unlikely to be fully considered until late May/early June but that is an estimate only.

If you find a confirmed buyer then the conveyancer can contact us with the details and ask us to expedite it as they have suggested.

DAKOTA45 · 7 January 2020 at 11:14AM

davidmcn wrote: »

That's quite a wide-ranging question! Can you be more specific about what your query is? (as above, best to start your own thread)

I would love to start my own thread if I could only find out where to post! Is there a link...?

I've had problems with this before, though and think it's down to my cranky and outdated lap top.....
Also, is there a 'Property' section, please? The search didn't show anything.

I'm writing on behalf of a friend...

My friend was contacted anonymously by someone at RoS (Register of Scotland), and what they told her was that an outgoing landowner of some high standing had fraudulently burdened her property without her knowledge, and due to the passage of time, the incoming owners have now gained prescriptive rights over her land.
My friend believes that an unsigned 'agreement' (in relation to an old pipe which used to supply water from a well, and dated 1900), was probably never implemented and was in fact a draft copy, and that the prospective grantee had died just 4 months after the matter was raised.
RoS has stated that the only document they hold is the unsigned one.
Whether the RoS has acted in good faith in recording this burden over her land, or if they are jointly liable of fraudulent activity.... it would seem to be very suspect, due to this anonymous person's evidence.
She wants to make a complaint, but I doubt there can be any rectification, due to the prescriptive rights gained due to the RoS's incompetence, whether deliberate or not.
She has not instructed a solicitor, but has been advised by RoS to either contact Police Scotland or to use its own fraud officer, but whether or not they woud be impartial....:(

Does anyone have any idea as to how she might proceed, please?

DAKOTA45 · 7 January 2020 at 11:18AM

Land_Registry wrote: »

You'll need the Registers of Scotland but appreciate you will know that already.
Whilst I have seen posts referring to Scottish land on MSE I have not seen any within this specific thread so it may be worth posting a new thread to see if others can assist

Thank you... as soon as I can find where to post a new thread, I'll do so.... I think Scottish Land Law is very complicated, though...:(

Jim1975 · 7 January 2020 at 5:25PM

I have a restriction on a property that I no longer need. (I had a chap's interest in a property charged and protected by a restriction. He has now paid in full.)

Question 7 refers to "Documents lodged with this form". Is it necessary to send anything? I am the only beneficiary of the restriction and I'm signing to say I no longer need it....

Next question: It seems too easy to simply sign this and send it off. Couldn't anybody do this? Do I need to send of any identity verification stuff?

Thanks,
Jim

Sally_Forth · 7 January 2020 at 7:08PM

Jim1975 wrote: »

I have a restriction on a property that I no longer need. (I had a chap's interest in a property charged and protected by a restriction. He has now paid in full.)

Question 7 refers to "Documents lodged with this form". Is it necessary to send anything? I am the only beneficiary of the restriction and I'm signing to say I no longer need it....

Next question: It seems too easy to simply sign this and send it off. Couldn't anybody do this? Do I need to send of any identity verification stuff?

Thanks,
Jim

I believe it can be submitted with no other documents. As an example, if you weren't the sole beneficiary of the restriction you could include the consent of other beneficiaries.
It sounds like you will be submitting it yourself, i.e. not via a solicitor, in which case it will be processed by the citizen centre who will carry out wider checks to ensure you are who you say you are.

Edit: Actually, looking at this again. Do you have a charge registered against the property? If you do then you would need to submit a DS1 to discharge the charge and, depending on the form of restriction (usually form P I think, see practice guide 19), that would be removed automatically with the discharge.
You would need to provide evidence of identity for a discharge (see practice guide 67)

Land_Registry · 8 January 2020 at 9:22AM

Jim1975 wrote: »

I have a restriction on a property that I no longer need. (I had a chap's interest in a property charged and protected by a restriction. He has now paid in full.)

Question 7 refers to "Documents lodged with this form". Is it necessary to send anything? I am the only beneficiary of the restriction and I'm signing to say I no longer need it....

Next question: It seems too easy to simply sign this and send it off. Couldn't anybody do this? Do I need to send of any identity verification stuff?

Thanks,
Jim

If you are the beneficiary, so in effect the restrictioner and not the owner, you can apply to withdraw your restriction using form RX4.
Panel 10 of the form allows you to make the appropriate statement and/or submit any supporting documents as needed.

You don't submit evidence of your identity.

buildingbig · 8 January 2020 at 11:29AM

Hi Land Registry helpers!

I recently bought a property and now want to remortgage (bridging loan) to raise finance for refurbishment. The lender says that they won't complete until the registration is done (it's a first registration) and my solicitor says you have a backlog of up to 113 days for first registrations.

Is this true?

And is there anything I can do to expedite? It's a little desperate as the builders are going full throttle and the money is running out (will be coming soon, but not soon enough, from a house sale).

Many thanks

davidmcn · 8 January 2020 at 11:51AM

DAKOTA45 wrote: »

Thank you... as soon as I can find where to post a new thread, I'll do so

This forum is the correct place for it. Just not this thread.

DAKOTA45 wrote: »

My friend was contacted anonymously by someone at RoS (Register of Scotland), and what they told her was that an outgoing landowner of some high standing had fraudulently burdened her property without her knowledge, and due to the passage of time, the incoming owners have now gained prescriptive rights over her land.
My friend believes that an unsigned 'agreement' (in relation to an old pipe which used to supply water from a well, and dated 1900), was probably never implemented and was in fact a draft copy, and that the prospective grantee had died just 4 months after the matter was raised.
RoS has stated that the only document they hold is the unsigned one.
Whether the RoS has acted in good faith in recording this burden over her land, or if they are jointly liable of fraudulent activity.... it would seem to be very suspect, due to this anonymous person's evidence.
She wants to make a complaint, but I doubt there can be any rectification, due to the prescriptive rights gained due to the RoS's incompetence, whether deliberate or not.
She has not instructed a solicitor, but has been advised by RoS to either contact Police Scotland or to use its own fraud officer, but whether or not they woud be impartial.

Much of this sounds fairly improbable. Perhaps the story has been garbled. I've never heard of the Land Register having anonymous "whistleblowers" who unofficially contact proprietors. I also don't see what the point of registering the deed would be, if the pipe in question has never existed? Or an indication that there's been any crime.

In any event, prescriptive rights are those which don't derive from a written grant, but from use (over a period of at least 20 years). And conversely, if rights haven't been exercised for over 20 years, they fall away. So the rights in question have never been exercised, it should be relatively straightforward for your friend to have them removed from their title (or at least contest any attempts to start exercising them).

mcphail · 8 January 2020 at 12:11PM

Morning. I've received good advice from this forum, but just wanted to check with the Land Registry if what I need to do is correct.

I'm changing 3 properties that are in my sole name (and no mortgage) to add my husband on to the Title Deeds. Do I fill in form AP1 to change the register, or is it form TR1 (whole transfer). I'm assuming it is AP1, but just wanted to make sure before I do it.

Also, is it easy enough to do it without involving a solicitor?

I did look at doing a Declaration of Trust, as we want the rental income to be split 50/50 from April, but next year, we may mortgage one of the properties on a BTL, and I'm assuming it may be better to get a mortgage on joint ownership?

Thank you once again for any advice given.

Land_Registry · 8 January 2020 at 5:54PM

mcphail wrote: »

Morning. I've received good advice from this forum, but just wanted to check with the Land Registry if what I need to do is correct.

I'm changing 3 properties that are in my sole name (and no mortgage) to add my husband on to the Title Deeds. Do I fill in form AP1 to change the register, or is it form TR1 (whole transfer). I'm assuming it is AP1, but just wanted to make sure before I do it.

Also, is it easy enough to do it without involving a solicitor?

I did look at doing a Declaration of Trust, as we want the rental income to be split 50/50 from April, but next year, we may mortgage one of the properties on a BTL, and I'm assuming it may be better to get a mortgage on joint ownership?

Thank you once again for any advice given.

Form AP1 is the application form
Form TR1 is the legal deed/the transfer form
So you need both

If you do it yourselves then you’ll also need to have your identities verified - form ID1

We would always recommend you use a conveyancer. You don’t have to but they know the forms/process, can verify your identities. And in light of your reference to 50/50, renting, assumptions re a joint mortgage and BTL offer wider advice as well

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