Land Registry questions

Former_MSE_Andrea · 27 July 2017 at 4:43PM

Hi everyone

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vikki400 · 28 July 2017 at 8:07PM

Hi

I am buying a property from my mum and aunty. They inherited it from my granddad so it is still in his name but they are the executrices. Since I obviously trust them, I didn't want to go through the rigmarole of contracts and searches and I was hoping I could just change the name on the title deeds pay the Stamp Duty and give them the money.

Understandable, most solicitors are nervous of doing this, so I was going to fill in the forms myself. Is this allowed? From what I can tell I just need to fill in AP1 and the Stamp Duty form. Do I have to have a solicitor for this?

Thanks

V

Lurkingtoposting17 · 28 July 2017 at 9:23PM

Hi guys

I'm buying a property that has a right of way. All the deeds say is "the area marked in x is subject to a right of way" it doesn't specify who is the servient tenement of that right of way or if there are restrictions to that access (pass and repass etc). Will that all be in the neighbours property deeds or is there a chance it's a public right of way?

Also if I extend the property and the access is still granted but not as per the specified path on deeds, but the path is moved, is this possible or must a change be formally documented for the plans and be accurately reflected.

Many thanks

da_rule · 28 July 2017 at 9:35PM

vikki400 wrote: »

Hi

I am buying a property from my mum and aunty. They inherited it from my granddad so it is still in his name but they are the executrices. Since I obviously trust them, I didn't want to go through the rigmarole of contracts and searches and I was hoping I could just change the name on the title deeds pay the Stamp Duty and give them the money.

Understandable, most solicitors are nervous of doing this, so I was going to fill in the forms myself. Is this allowed? From what I can tell I just need to fill in AP1 and the Stamp Duty form. Do I have to have a solicitor for this?

Thanks

V

You don't need a solicitor no.

You would need to send off the AP1, transfer deed (probably a TR1), the SDLT5 (the certificate from the HMRC in relation to stamp duty), the probable document and the relevant ID form (ID1) and identity documents.

I don't know why a solicitor would be nervous about doing this. If you clearly instruct them to do it and as long as they tell you the risks then they aren't running any risk.

Owain_Moneysaver · 28 July 2017 at 9:42PM

Lurkingtoposting17 wrote: »

I'm buying a property that has a right of way. ...

Also if I extend the property and the access is still granted but not as per the specified path on deeds, but the path is moved, is this possible or must a change be formally documented for the plans and be accurately reflected.

If it's a public right of way then it can only be relocated by formal process involving the local council, public consultation etc. You cannot unilaterally move it just by altering the plans on the deeds.

The existance of the right of way continues in its current location even if you build over it, so legally speaking you may have people walking through your lounge. It is also an offence to obstruct a right of way.

agrinnall · 28 July 2017 at 10:00PM

I don't really understand the purpose of this thread. LR are usually quite good at monitoring the board and responding to any thread in which there is a LR issue, so why do we need a thread in which there may be many questions asked, causing confusion over which answer relates to which question, and in which LR have yet to post a response even though the thread has been running for almost 30 hours?

I'd suggest to the two people who have posted questions that they start their own threads and mention that they'd like to hear from LR, and I'd also suggest that MSE Andrea deletes this thread.

Land_Registry · 29 July 2017 at 10:11AM

vikki400 wrote: »

Hi

I am buying a property from my mum and aunty. They inherited it from my granddad so it is still in his name but they are the executrices. Since I obviously trust them, I didn't want to go through the rigmarole of contracts and searches and I was hoping I could just change the name on the title deeds pay the Stamp Duty and give them the money.

Understandable, most solicitors are nervous of doing this, so I was going to fill in the forms myself. Is this allowed? From what I can tell I just need to fill in AP1 and the Stamp Duty form. Do I have to have a solicitor for this?

Thanks

V

Vikki400 - they will need to transfer it to you using form TR1. The AP1 is the application form needed.

Our guidance on transferring the ownership explains what is needed. You will also need to lodge an official copy of the probate

There is no requirement to use a solicitor but we recommend you do. They are familiar with the forms and process. They can also offer wider legal advice re wills etc

Land_Registry · 29 July 2017 at 10:19AM

Lurkingtoposting17 wrote: »

Hi guys

I'm buying a property that has a right of way. All the deeds say is "the area marked in x is subject to a right of way" it doesn't specify who is the servient tenement of that right of way or if there are restrictions to that access (pass and repass etc). Will that all be in the neighbours property deeds or is there a chance it's a public right of way?

Also if I extend the property and the access is still granted but not as per the specified path on deeds, but the path is moved, is this possible or must a change be formally documented for the plans and be accurately reflected.

Many thanks

Lurkingtoposting17 - the servient land will be that over which the right of way is reserved. If you want to check who owns that land then you can do so online or by post assuming it is registered.

We don't register public rights of way

If you change the right of way then that's fine if the serviette landowner agrees. If they do then I woukd recommend you do it formally and legally, namely by way of a legal deed. Our Practice Guide 62 explains

If you don't formalise it then it may pose problems when you or the neighbour wish to sell for example. If the properties are mortgaged you should also involve your lenders and they may insist on your using a solicitor. As such I'd recommend seeking legal advice

Land_Registry · 29 July 2017 at 10:29AM

agrinnall wrote: »

I don't really understand the purpose of this thread. LR are usually quite good at monitoring the board and responding to any thread in which there is a LR issue, so why do we need a thread in which there may be many questions asked, causing confusion over which answer relates to which question, and in which LR have yet to post a response even though the thread has been running for almost 30 hours?

I'd suggest to the two people who have posted questions that they start their own threads and mention that they'd like to hear from LR, and I'd also suggest that MSE Andrea deletes this thread.

agrinnall MSE have put this thread in place and advised 'set new companies and organisations up with their own dedicated forum thread where our site users can ask questions'

We're happy either way really and can monitor forum as a whole. But agree it may dilute/confuse things in some cases. As it's a forum it's open to all to post as already seen.

But it may be a way of getting round the issue of not being able to DM organisations like ourselves?

We monitor MSE by searching the forum as a whole using 'Land Registry' as a search. It's not fulproof as some can slip the search net but it generally works. And as you appreciate it's rare that our post can cover everything asked as there's more to property/land than just the registration angle

G_M · 29 July 2017 at 12:07PM

Must admit I agree with agrinall. Multiple posters posing Qs on a single thread just causes problems. I for one won't be monitoring this thread - whether that's a blessing or a bane I'll let others decide!

Putting "Land Registry" in a thread title always gets their attention and response, and as the Rep says, they use the search function, so putting "Land Registry" within the body of a post works too.

felixmeg · 29 July 2017 at 1:56PM

Hi
My husband and I have a shared ownership house. The mortgage is in his name and I pay the direct debit. The deeds are in his name with myself as interested party/charge on them.

Can we transfer the deeds into my name or do we have to change both the mortgage and deeds to my name?

Or is it far more complicated than that?

Many thanks

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