Land Registry questions

[Deleted User] · 1 June 2018 at 12:58AM

Thank you so much for your quick reply

Head_The_Ball · 1 June 2018 at 1:07PM

Land_Registry wrote: »

It's the date of the deed itself that is added to the shared data so the sale date should be that. So if they dated the Transfer May 2016 then that's the date used

Thank you for your reply.

Is there any way I can get the date changed to May 2011?

Presumably my conveyancing solicitor should have put a date of May 2011 on the transfer even though it was not submitted to the LR until May 2016.

jennymc99 · 3 June 2018 at 9:12PM

Hi Land Registry

I have absolutely no idea where to start so any help much appreciated. I bought a leasehold flat in 2011 and a share of the freehold in 2015. The freehold covers three ajoining terraced houses (with 3 flats in each) and we would like to split the freehold so that each house only holds the freehold for that house but we dont know where to start. All flats have an equal share of the freehold and are in agreement to split the freehold.

To complicate matters each flat has its own external areas used as roof terraces or garden that can only be accessed from that flat but are currently shown as common areas on the lease so we need to change the leases to attribute them to individual flats.

We have had three different solicitors tell us different things with some quoting up to £15000 to change the paperwork. this seems incredibly expensive. Is that correct or should we be completing some forms on the land registry site instead?

Many thanks in advance

Jennifer

Land_Registry · 4 June 2018 at 9:05AM

Head_The_Ball wrote: »

Thank you for your reply.

Is there any way I can get the date changed to May 2011?

Presumably my conveyancing solicitor should have put a date of May 2011 on the transfer even though it was not submitted to the LR until May 2016.

I'm afraid not. Once dated and registered that's it, there's no way of turning that legal clock back

Land_Registry · 4 June 2018 at 9:15AM

jennymc99 wrote: »

Hi Land Registry

I have absolutely no idea where to start so any help much appreciated. I bought a leasehold flat in 2011 and a share of the freehold in 2015. The freehold covers three ajoining terraced houses (with 3 flats in each) and we would like to split the freehold so that each house only holds the freehold for that house but we dont know where to start. All flats have an equal share of the freehold and are in agreement to split the freehold.

To complicate matters each flat has its own external areas used as roof terraces or garden that can only be accessed from that flat but are currently shown as common areas on the lease so we need to change the leases to attribute them to individual flats.

We have had three different solicitors tell us different things with some quoting up to £15000 to change the paperwork. this seems incredibly expensive. Is that correct or should we be completing some forms on the land registry site instead?

Many thanks in advance

Jennifer

Whilst you might be able to complete the transfer of each freehold yourselves using online guidance and forms TP1 the variations complicate matters for you. There are no prescribed forms for deeds of variation so you will need legal advice/assistance to have these drawn up.

You are also very likely to find, if your leaseholds are mortgaged, that you need your lenders' consents. And they may insist that you use solicitors also.

Professional fees will vary from firm to firm and we would not know what is expensive or not.
The key is to assessing what is required and then asking each for a quote as appropriate. As a simple rule of thumb you are looking at
3 separate TP1s for each freehold part plus 9 Deeds of variation, one for each lease with each most likely resulting in a surrender and regrant of each original lease as you are in effect altering the demises
If mortgages are on all 9 then you will need 9 Deeds of substituted security (each provided by the respective lender)
That is a bare minimum and they will also need to look at any other registered interests and their impact

DonnySaver · 7 June 2018 at 1:53PM

I would be grateful of some clarification of my situation please:-

Up until about 10 years ago the ownership of my Mum & Dad's house was in their joint names. My Dad then went through a process via a solicitor to transfer the ownership to myself but with caveats applied that it could not be sold whilst either of them were still living there.

My father recently passed away.
My mother then received a letter from the Halifax (who keep the title deeds) saying that following my father's death they were happy to keep holding the deeds. They also said that there was no need to change the name(s) on the deeds but we might want to inform the Land Registry.

According to the information on the Land Registry site, the house is not registered with them (was built in the 50s I think).

How do I find out if my Dad's wishes were properly carried out as he expected? ie Who does own the house?

Land_Registry · 7 June 2018 at 2:04PM

DonnySaver wrote: »

I would be grateful of some clarification of my situation please:-

Up until about 10 years ago the ownership of my Mum & Dad's house was in their joint names. My Dad then went through a process via a solicitor to transfer the ownership to myself but with caveats applied that it could not be sold whilst either of them were still living there.

My father recently passed away.
My mother then received a letter from the Halifax (who keep the title deeds) saying that following my father's death they were happy to keep holding the deeds. They also said that there was no need to change the name(s) on the deeds but we might want to inform the Land Registry.

According to the information on the Land Registry site, the house is not registered with them (was built in the 50s I think).

How do I find out if my Dad's wishes were properly carried out as he expected? ie Who does own the house?

If the property was transferred into your sole name 10 years ago then that should have been registered or triggered first registration

I'd suggest checking online to see if it is registered and if so in whose name. There is a small fee of £3 but you will need that detail to see what is registered and how their 'life interest is protected for example

SerialRenter · 7 June 2018 at 3:50PM

I've not got a question, but some feedback.

I used your web form for changing a sales record and has a couple of issues.

Firstly, i used a @googlemail.com address on the form. Little did i know that google sends all mail from @gmail.com, so when i attempted to reply to one of your agents emails, i got emailed a few error messages instead:

The first telling me to reply with the incident number to contact.validation@landregistry.gsi.gov.uk
I tried that, and i received an email back saying "Our email addresses changed from name@landregistry.gsi.gov.uk to name@landregistry.gov.uk. Please remove .gsi from the address and resend your mail."
Ok, so i emailed again, but removed the ".gsi" bit. and received another email identical to the first error and i need to use the .gsi email. Round in circles!

anyway, i managed to revert my account back to @googlemail.com to send that email. So basically, the whole thing was my fault, but it seems to have uncovered a flaw in your IT system.

DonnySaver · 8 June 2018 at 9:55AM

Land_Registry wrote: »

If the property was transferred into your sole name 10 years ago then that should have been registered or triggered first registration

I'd suggest checking online to see if it is registered and if so in whose name. There is a small fee of £3 but you will need that detail to see what is registered and how their 'life interest is protected for example

Thank you for your reply. I am unsure whether it is form OC1 or OC2 that I need to fill in (sorry).

Nikkilevel27 · 8 June 2018 at 10:51AM

Good morning.

I'm in the process of purchasing a property.

I've just had a call from my solicitor this morning saying the solicitor of the seller cannot locate the title deeds for the property.

The owner is unfortunately deceased and the family are selling the property. They are unsure if the title deeds are in a sole or joint name.

Our requested date of entry is 11th July which is when we have to be out of our property.

They said they may need to get some sort of confirmation from the sheriff court which could delay our entry date. How long would this take?

Starting to worry.

I'm in scotland.

Anyone been in this situation? Any words of advice would be great. Thanks!

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