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Land Registry questions

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Comments

  • VivaGK
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    Hi, I was hoping to gain a bit of insight on an issue we are having.

    We have the TP1 for our property from 2006, the land was split with a property either side, access way/driveway down the middle with a turning point at the top of that. Access way/turning head are split down the middle. On the TP1 there is supposed to be a pink section which is our land/house and a light pink area that denotes the access way, the same for the neighbour but in orange and light orange. The issue has arisen as the light coloured area aren't really visible on the TP1 scans we have. We bought the property in 2014, so were not the owners at this time.

    There was confusion as we have said our house and parking is on the pink (which it is), but buyer's solicitor have said they can't advise the buyer to proceed without us applying to the Land Registry for rectification. Our solicitor has explained that the shading is unclear, but that if you enlarge it you can see the lighter areas. Obviously when physically at the house or looking at the sales particulars you can see it isn't built on the driveway, however buyer's solicitor is pushing for rectification.

    Does anyone have any idea of the process of applying for rectification? Or a rough timescale?

    We were due to exchange on Friday, our buyer had paid her deposit and gone in to sign, but then when our solicitor called to exchange, the buyer's solicitor raised this. We are due to emigrate so the situation really needs sorting ASAP.
  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
    First Anniversary Name Dropper First Post
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    Thank you - our solicitor has confirmed to us (and discussed with the buyers solicitor) that we should apply for adverse possession of the land and the forms have been completed. What are the current estimated timings for this to be completed at the land registry?

    Thanks

    SLM

    A first registration is taking on average around 62 working days. If there is an onward sale to a confirmed buyer then your solicitir should submit their application and then make us aware, with details, and ask us to expedite the process.

    If all in order it may still take 5/6 weeks to complete as often we have to survey the site of the claim as well but still a lot shorter than the average timescale
    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: 5,782 Organisation Representative
    First Anniversary Name Dropper First Post
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    VivaGK wrote: »
    Hi, I was hoping to gain a bit of insight on an issue we are having.

    We have the TP1 for our property from 2006, the land was split with a property either side, access way/driveway down the middle with a turning point at the top of that. Access way/turning head are split down the middle. On the TP1 there is supposed to be a pink section which is our land/house and a light pink area that denotes the access way, the same for the neighbour but in orange and light orange. The issue has arisen as the light coloured area aren't really visible on the TP1 scans we have. We bought the property in 2014, so were not the owners at this time.

    There was confusion as we have said our house and parking is on the pink (which it is), but buyer's solicitor have said they can't advise the buyer to proceed without us applying to the Land Registry for rectification. Our solicitor has explained that the shading is unclear, but that if you enlarge it you can see the lighter areas. Obviously when physically at the house or looking at the sales particulars you can see it isn't built on the driveway, however buyer's solicitor is pushing for rectification.

    Does anyone have any idea of the process of applying for rectification? Or a rough timescale?

    We were due to exchange on Friday, our buyer had paid her deposit and gone in to sign, but then when our solicitor called to exchange, the buyer's solicitor raised this. We are due to emigrate so the situation really needs sorting ASAP.

    In my experience the only way to 'rectify' such an issue is to produce a copy of the TP1 with better colouring. We will only have the scanned copy.

    If the solicitor writes to us to ask if we have a better copy or if we can change anything then we'd normally respond within a few days. But I'd speak to your solicitor to ascertain how they believe it can be rectified first.

    If that can't be done then I suspect the only way forward is to discuss with the buyer's solicitor what they will accept e.g indemnity insurance but very much something to discuss with your own solicitor first.
    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"
  • spendinglikemad
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    A first registration is taking on average around 62 working days. If there is an onward sale to a confirmed buyer then your solicitir should submit their application and then make us aware, with details, and ask us to expedite the process.

    If all in order it may still take 5/6 weeks to complete as often we have to survey the site of the claim as well but still a lot shorter than the average timescale

    Thank you!
  • VivaGK
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    In my experience the only way to 'rectify' such an issue is to produce a copy of the TP1 with better colouring. We will only have the scanned copy.

    If the solicitor writes to us to ask if we have a better copy or if we can change anything then we'd normally respond within a few days. But I'd speak to your solicitor to ascertain how they believe it can be rectified first.

    If that can't be done then I suspect the only way forward is to discuss with the buyer's solicitor what they will accept e.g indemnity insurance but very much something to discuss with your own solicitor first.

    Thank you for your response. Our solicitor has spoken to the Land Registry today, who have confirmed that the shaded ares are visible upon enlargement.

    The buyer's solicitor has now told us that it is in fact the shading and boundaries that are incorrect, and need to be rectified. However we have a letter and new boundary plan dated 2007, which appears to rectify the 2006 TP1. Our solicitor is confident this paperwork is all that is needed, so hopefully it will be sorted soon.
  • tombunt
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    Hi, how do I post on here? Thanks.
  • tombunt
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    Hi, my parents own their house, it's an end house with garages next to it.. they want to split the large garden so they can have storage that is accessible from council land and then they want to sell the house and move away then come back and forth to use the storage. Would it just be a case of changing the border on the deeds?. Thanks.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
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    No.

    They would need to create a new Title for the storage, so that instead of a single Title for the existing house and garden there woul be two - the original one for the house (with altered/reduced boundary) which could be sold, and one for the (new) storage area (with new Plan showing its boundary.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
    Name Dropper First Post First Anniversary
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    tombunt wrote: »
    they want to split the large garden so they can have storage that is accessible from council land and then they want to sell the house and move away then come back and forth to use the storage.

    Is it accessible or is there an actual right of access?

    The council may not allow access if a new exit is made onto their property.
  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
    First Anniversary Name Dropper First Post
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    tombunt wrote: »
    Hi, my parents own their house, it's an end house with garages next to it.. they want to split the large garden so they can have storage that is accessible from council land and then they want to sell the house and move away then come back and forth to use the storage. Would it just be a case of changing the border on the deeds?. Thanks.

    When they sell the house it would be 'split' from the existing title at that point and the buyer would get a new title. We would not split it beforehand.

    So when they sell, bearing in mind Mojisola's post, they would transfer the ownership of the relevant part (TP1)
    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"
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