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Land Registry questions

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Comments

  • Land_Registry
    Land_Registry Posts: 5,779 Organisation Representative
    First Anniversary Name Dropper First Post
    Ianjones0879 wrote: »
    Hi all,

    After a little bit of advice. We are currently looking at buying a detached house. But we have found that the current owner purchased some spare land to one side of the property, since then he has moved the boundary seperating this piece of land and the property further onto the house land reducing our area when compared to the title deeds (which still show the original layout for the boundary). As he hasn’t changed the boundary through land registry does he have to move the fence back to the original position when we exchange?

    One for your conveyancer to advise on what rights he or you may have.
    If he owns the property and land then he can often do as he wishes re the boundary. But that changes what you are buying so something to query and raise
    “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"
  • Land_Registry
    Land_Registry Posts: 5,779 Organisation Representative
    First Anniversary Name Dropper First Post
    ellectrastar wrote: »
    Hi - I have been advised that with a statutory declaration I could register a prescriptive easement with Land Registry, but what exactly would this illustrate? Is there any true benefit?


    It is for a shared access track which is unregistered land - I am unable to make a claim under adverse possession (as it's shared and also a registered public footpath) and as it's unregistered there's no one that could grant a formal right of way anyway.


    Would having a prescriptive easement give me any more right than the sworn statutory declaration?


    Thanks.

    Have a read of our PG and get legal advice in the complexities involved. https://www.gov.uk/government/publications/easements-claimed-by-prescription
    “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"
  • PassingOutInTheParade
    PassingOutInTheParade Posts: 94 Forumite
    I am buying a house under Probate.

    The Executors now have the Grant.
    However one of their names is spelled slightly wrongly on the Grant ie the letters a & e the wrong way round.

    Clearly this is a typo somewhere along the line (either Probate Office or applying solicitor).

    My solicitor says that it has to be rectified before submitting the TR1 as the names are not identical on the Grant and contract of sale.

    Would this really be rejected by The Land Registry as an invalid application? It seems such a common error, and the person is clearly one and the same.

    TIA.
  • runninglea
    runninglea Posts: 907 Forumite
    First Anniversary Combo Breaker
    Can I ask how easy/ what is the process of transferring a piece of land from one person to another?
    Year 2019 (1,700/£17000mortgage repayment)Overall mortgage (71,400/165568) (44
    .1%) (42/100) payments made. Total paid 2019 year £1,700
    Total paid 2017 year £15,300Total paid 2018 year £13,600
  • Land_Registry
    Land_Registry Posts: 5,779 Organisation Representative
    First Anniversary Name Dropper First Post
    PassingOutInTheParade wrote: »
    I am buying a house under Probate.

    The Executors now have the Grant.
    However one of their names is spelled slightly wrongly on the Grant ie the letters a & e the wrong way round.

    Clearly this is a typo somewhere along the line (either Probate Office or applying solicitor).

    My solicitor says that it has to be rectified before submitting the TR1 as the names are not identical on the Grant and contract of sale.

    Would this really be rejected by The Land Registry as an invalid application? It seems such a common error, and the person is clearly one and the same.

    TIA.

    Names are critical so even an a and an e the wrong way round means it's potentially a different person legally. So I'm afraid it's clearly nit the same person unless they match precisely

    It needs correcting with the errant legal document referring to the correct legal name/spelling. If both spellings work legally then the solicitor could certify that they are one and the same person but reads to me as if it's an error that needs correcting to make it legal
    “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"
  • Land_Registry
    Land_Registry Posts: 5,779 Organisation Representative
    First Anniversary Name Dropper First Post
    runninglea wrote: »
    Can I ask how easy/ what is the process of transferring a piece of land from one person to another?

    Our online guidance explains rhe registration requirements

    There's more to think about though so how easy or what's the process is a much wider Q for others to answer
    “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"
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Land_Registry wrote: »
    So I'm afraid it's clearly nit the same person unless they match precisely
    I wouldn't want anyone here to jump to conclusions regarding what you mean here. Could you correct or clarify?


    :wink:
  • PassingOutInTheParade
    PassingOutInTheParade Posts: 94 Forumite
    G_M wrote: »
    I wouldn't want anyone here to jump to conclusions regarding what you mean here. Could you correct or clarify?


    :wink:

    You've certainly got something in your head now G_M :rotfl:

    Clearly shows how an 'o' substituted with an 'i' can bring a whole new meaning to something.
  • Land_Registry
    Land_Registry Posts: 5,779 Organisation Representative
    First Anniversary Name Dropper First Post
    Fair point re i and o but it makes the point

    Anne or Ann; Geoff Mark Smith or Geoff Smith; Iain Jones or Ian Jones can all be different people in a legal deed only scenario. You may know they are one and the same respectively but it's only 100% clear that they are if those details match
    “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"
  • balldred
    balldred Posts: 6 Forumite
    Hi Land Registry!,

    Just after a bit of advice around (estimated) timings.

    We are the middle party in a small chain, FTB buying our house.
    All offers, surveys and proposed dates have been agreed up/down the chain.
    Solicitor stuff all appears to be ready apart from one last hitch!

    The house we are buying had a field on the Title.
    However this field was sold to a 3rd party and is currently working its way through the Land Registry process.
    On the deeds the solicitor was working from the field still shows at present and hence our mortgage company will not release funds against an incorrect title. (Entirely justifiably)

    We need to wait for the land registry process to complete before we can push all parties to exchange.

    My questions are,
    1. How long does Transfer of Part usually take?
    (I have a scan of the Land reg Application, with "priority Date" listed as the 20th of Sept.)
    2. Does this one Application do everything, ie amend the title for the property I am buying as well as give the new field owner the field? Or would I need something else raised to finalise the title for the property I am buying?


    I would leave all this up to the Solicitor and just wait, however with a tentatively agreed completion date of the 23rd of this month I need to splash the cash to get movers etc booked in.
    Also since selling with Purplebricks, I am managing most of the comms with my purchaser directly. So I want to keep them informed of any possible delay coming up.

    Thanks in advance for letting me rack your brains
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