Land Registry questions

Monstercat_2 · 5 February 2018 at 9:16PM

Hi
Hoping someone can help.
I am currently in the throws of a remortgage but the conveyance firm have told me there is Restriction with Land Registry from an old IVA they told me to contact the practioner to have it removed, I tried but they no longer exist.
The IVA was completed 3 years ago and we have a certificate of completion but how do I now get this restriction removed and how long does it take.

Land_Registry · 6 February 2018 at 7:31AM

Monstercat wrote: »

Hi
Hoping someone can help.
I am currently in the throws of a remortgage but the conveyance firm have told me there is Restriction with Land Registry from an old IVA they told me to contact the practioner to have it removed, I tried but they no longer exist.
The IVA was completed 3 years ago and we have a certificate of completion but how do I now get this restriction removed and how long does it take.

Our Practice Guide explains more re personal insolvency and how to apply to cancel any associated entry

The average timescale is around 8 working days. Often quicker if supporting evidence is as required. If we have to do any checks then it can extend the timescale but we won't know until submitted

AlexMac · 6 February 2018 at 11:44AM

I've downloaded the £3 extract from the Title Register. This single register extract document lists the whole parcel of local properties (#55-113 in the street) as owned by a social housing provider. A few properties, including the one I'm interested in (#81), are listed as being subject to long leases of 125 years dating from 1992; presumably they were old ex-Council Right-to- Buy purchases.

But there are no original or current leaseholders named? So my first question is, how do I establish who currently owns the lease? (I'm not buying it, so don't currently plan to ask solicitors to enquire).

Does the register not identify current long leaseholders?

A second lesser Q relates to the way the property is described in the Title extract; as "ground, first and second floors". Having visited the property, it's a purpose-built maisonette on the 1st and 2nd floors, with shops below and a separate entrance to the stairwell to the residential dwellings above.

The description seems to parcel up the maisonette with the wholly separate shop, below?

Thanks in anticipation; and thanks also, L R Rep for your incredibly helpful reply to my earlier, unrelated Q!

Land_Registry · 6 February 2018 at 12:33PM

AlexMac wrote: »

I've downloaded the £3 extract from the Title Register. This single register extract document lists the whole parcel of local properties (#55-113 in the street) as owned by a social housing provider. A few properties, including the one I'm interested in (#81), are listed as being subject to long leases of 125 years dating from 1992; presumably they were old ex-Council Right-to- Buy purchases.

But there are no original or current leaseholders named? So my first question is, how do I establish who currently owns the lease? (I'm not buying it, so don't currently plan to ask solicitors to enquire).

Does the register not identify current long leaseholders?

A second lesser Q relates to the way the property is described in the Title extract; as "ground, first and second floors". Having visited the property, it's a purpose-built maisonette on the 1st and 2nd floors, with shops below and a separate entrance to the stairwell to the residential dwellings above.

The description seems to parcel up the maisonette with the wholly separate shop, below?

Thanks in anticipation; and thanks also, L R Rep for your incredibly helpful reply to my earlier, unrelated Q!

The register you have downloaded will list the leases and their term for example but not the owners of those leases.
If the leases are registered in their own right then there will be a title number shown against each as appropriate. It is that register you would need to download in order to see who owns the lease.

The reason for this is that the lease can be bought and sold but the freehold won't change in so far as that lease remains in place whoever the owner is.

We will add a description re the floor lavels/parts of the freehold title which the lease affects. In this example I suspect it is the stairwell which is the ground floor element you refer to but the details would be explained in a little more detail on the registered leasehold title (if any) and always in the lease itself

dougybrown · 4 April 2018 at 11:28PM

Hi
I have a few Land Registry questions around property Assent and AS1 that I hope someone can answer!

My father died recently and being the personal representative I'm now dealing with his properties, two houses and a piece of land; my sister and I are the beneficiaries.

Should I be completing one AS1 form or would it be easier to complete one AS1 form per property?

If using a single AS1 form how does one complete the Additional Provisions section? Is there an accepted format that clearly separates the provisions per property?

Am I right in thinking that the details in each property's Charges Register should be included in the Additional Provisions section?

Am I right in thinking that Execution of the assent is when the personal representative signs and dates the form and that this date does not have to be the same as (but must be on or after) the date that the beneficiaries sign?

Full title guarantee vs limited title guarantee is causing me some grief so any pointers would be gratefully received! Limited title guarantee seems the default, simplest option but I have for one of the properties the TR1 form dated 2002 and it was transferred with full title guarantee.

One of the properties has a possessory title dated 2002, since more than 15 years has passed, I understand that this can be changed to an absolute title. Can this be done at the same time?

Thanks

lovehols · 5 April 2018 at 8:04AM

We have purchased a property and it borders on an old railway embankment. It is not owned by anyone, the solicitor did numerous LR searches. If we want to try and claim.rhis in future (more for maintenance and fencing it for boundary as it is useless, can't build, no access etc) what will LR need to see as proof, e.g. for how many years etc etc.

Land_Registry · 9 April 2018 at 10:47AM

dougybrown wrote: »

Hi
I have a few Land Registry questions around property Assent and AS1 that I hope someone can answer!

My father died recently and being the personal representative I'm now dealing with his properties, two houses and a piece of land; my sister and I are the beneficiaries.

Should I be completing one AS1 form or would it be easier to complete one AS1 form per property?

If using a single AS1 form how does one complete the Additional Provisions section? Is there an accepted format that clearly separates the provisions per property?

Am I right in thinking that the details in each property's Charges Register should be included in the Additional Provisions section?

Am I right in thinking that Execution of the assent is when the personal representative signs and dates the form and that this date does not have to be the same as (but must be on or after) the date that the beneficiaries sign?

Full title guarantee vs limited title guarantee is causing me some grief so any pointers would be gratefully received! Limited title guarantee seems the default, simplest option but I have for one of the properties the TR1 form dated 2002 and it was transferred with full title guarantee.

One of the properties has a possessory title dated 2002, since more than 15 years has passed, I understand that this can be changed to an absolute title. Can this be done at the same time?

Thanks

dougybrown - apologies for such a slow response

I'm sorry to read of your recent loss.

If the registered titles were all in his sole name you can include them in one form AS1 and one AP1

If there are additional provisions to be included and applied to each title then simply make it clear and how each affects

No re thinking that the details in each property's Charges Register should be included in the Additional Provisions section - by additional provisions we mean anything extra that you want to provide for in the transfer of ownership. Our guidance explains

Once the AS1 has been executed by all parties as required then it can be dated

For the advice we can give on Full title guarantee vs limited title guarantee please see the linked guidance

You can apply to upgrade the possessory title at the same time

Land_Registry · 9 April 2018 at 10:49AM

lovehols wrote: »

We have purchased a property and it borders on an old railway embankment. It is not owned by anyone, the solicitor did numerous LR searches. If we want to try and claim.rhis in future (more for maintenance and fencing it for boundary as it is useless, can't build, no access etc) what will LR need to see as proof, e.g. for how many years etc etc.

I assume you mean that the land is unregistered. If so then our Practice Guide 5 explains what would be required to support an application to register any claim.

All land is owned but not all land is registered. It can still be claimed either way but the legalities and process will vary if the ownership is registered (see PG 4 on that score)

smiffy015 · 11 April 2018 at 9:28PM

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.

Lokolo_2 · 11 April 2018 at 9:36PM

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.

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