Land Registry questions

LeelaChar · 8 January 2020 at 7:18PM

Hi,
How long does it take to process a transfer of equity?
Thanks

Land_Registry · 9 January 2020 at 9:22AM

LeelaChar wrote: »

Hi,
How long does it take to process a transfer of equity?
Thanks

If it's an update to an existing register then the average timescale is 12 working days.
That timescale covers the wait time between receipt and consideration at which point if everything is in order then it can be completed and registered.
Further delays tend to arise where applications are not in order, queries have to be made and in some cases wider checks instigated
If it's been lodged by a conveyancer then they should be able to confirm the date of lodgement and whether any issues have arisen

DAKOTA45 · 9 January 2020 at 10:19AM

davidmcn wrote: »

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

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).

The person at RoS who anonymously tipped off my friend was persueded by her to provide evidence of the wrongdoing, and she received an old plan dated 1900 which had obviously been altered to show a water pipe going across her land... She knew that the plan was not genuine as it showed a bounday which had never been created at that time in 1900... the land has been divided up more recently, and the plan showed an up to date version of those newly created boundaries.
I admit it sounds unfeasible, but apparently, the incoming landowners were very keen to have a private water supply and this may have led to the outgoing landowner to fabricate a plan showing a water supply to the property which simply did not exist. It will be interesting to see how it all pans out, I think, but I don't think my friend is likely to get anywhere at all with RoS and would be better off going to the police, as they have suggested.

clarecooper90 · 13 January 2020 at 2:01PM

Hi, my solicitor has sent through requested documents for lease ST277197.
Is there any update? Many thanks

Land_Registry · 14 January 2020 at 3:08PM

clarecooper90 wrote: »

Hi, my solicitor has sent through requested documents for lease ST277197.
Is there any update? Many thanks

The application was coincidentally completed earlier today

JJN30 · 15 January 2020 at 10:40PM

Hi
Im the buyer of property with the following order,my solictor is insistant it needs removal prior to purchase. Is this correct?
Proprietorship Register
(07.06.2010) RESTRICTION: No disposition of the registered estate,
other than a disposition by the proprietor of any registered charge
registered before the entry of this restriction, is to be registered
without a certificate signed by the applicant for registration or their
conveyancer that written notice of the disposition was given to RFS
Limited (Co. Regn. No. 00548902) at Egale House, 78 St Albans Road,
Watford, Hertfordshire, WD17 1AF, being the person with the benefit of
a final charging order on the beneficial interest of Mr ****
made by the court

D_M_E · 16 January 2020 at 12:28AM

JJN30 - If the property is in joint names and the Charging order is in one of the names only, then maybe this thread could be of help

https://forums.moneysavingexpert.com/showthread.php?t=1839539

Land_Registry · 16 January 2020 at 7:47AM

JJN30 wrote: »

Hi
Im the buyer of property with the following order,my solictor is insistant it needs removal prior to purchase. Is this correct?
Proprietorship Register
(07.06.2010) RESTRICTION: No disposition of the registered estate,
other than a disposition by the proprietor of any registered charge
registered before the entry of this restriction, is to be registered
without a certificate signed by the applicant for registration or their
conveyancer that written notice of the disposition was given to RFS
Limited (Co. Regn. No. 00548902) at Egale House, 78 St Albans Road,
Watford, Hertfordshire, WD17 1AF, being the person with the benefit of
a final charging order on the beneficial interest of Mr ****
made by the court

D_M_E has shared a link to the thread that should cover this for you
The wording if the restriction is key with regards what is required to comply with it.
If you are buying from the current joint owners then providing you comply with the restriction it would be overreached by the purchase and be cancelled automatically when the purchase is registered.

Clearly you need to rely on your legal advice here but worth referring them to Practice Guide 76 section 4 as a point of reference re the charging order and restriction (a form K) as referred to

JJN30 · 16 January 2020 at 11:40AM

I have asked my solictor to request a second opinion and they have the same response that this has to be removed before we can proceed . The added difficulty is we can’t comply, as the company has been stuck off.

Melahu94 · 17 January 2020 at 12:13AM

Hi,

Acting as LPA for my elderly parents in the purchase of their next home. The property has possessory title of a small part of the driveway/access to property (about 1/2 metre squared) and full absolute title of the rest of the land. The 12 years will be up on 14 March so an uplift application can be made. Our solicitor is advising that we wait until after that date to complete so that the current owner can make the application as they have better chance of success than us. Or that the current owner should give a Stat Dec to support our application (which they are not happy to do as they are executors of the estate).
We do not want to wait until March 14 as that means waiting for a response from LR may take completion date to late April - everyone in the chain is ready and we fear we may lose our buyers.

My question is, is there any reason why we could not make the application after buying the property (with an indemnity insurance policy provided by the seller - which they are happy to do)? Would the LR reject an application made by us simply because WE would have only been in actual physical possession for a couple of months? Surely they would have a record of the possessory title being registered 12 years ago and therefore that would be sufficient to allow us to upgrade it to absolute?

If it were our own money and risk we would be more inclined to do it, but as we are acting as LPA's we want to make sure any lose or risky ends are dealt with properly!

Thank you in advance.

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