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Land Registry questions

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  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
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    SweetPie wrote: »
    Hi,

    Thanks so much for your help in advance.

    We currently live in a property that my husband I both equally own, with no mortgage. We don't have any other property. I would like to gift my husband my share of the property. What do I have to do to gift that over? Would I have to pay any SDLT?

    Our online guidance explains how you can transfer the ownership of a registered property and links you to the forms/completion notes you will need

    You'll have to contact HMRC re any SDLT requirements

    Whilst you do not have to use a solicitor we always recommend that you do as they are familiar with the forms/process, offer wider advice as appropriate and can also verify your identities
    “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"
  • SweetPie
    SweetPie Posts: 14 Forumite
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    Land_Registry wrote: »
    Our online guidance explains how you can transfer the ownership of a registered property and links you to the forms/completion notes you will need

    You'll have to contact HMRC re any SDLT requirements

    Whilst you do not have to use a solicitor we always recommend that you do as they are familiar with the forms/process, offer wider advice as appropriate and can also verify your identities

    Thanks so much for your reply :)

    According to HMRC there is no SDLT. If I want to do these forms myself, do I just submit to Land Register or do I need to notify HMRC too?
  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
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    SweetPie wrote: »
    Thanks so much for your reply :)

    According to HMRC there is no SDLT. If I want to do these forms myself, do I just submit to Land Register or do I need to notify HMRC too?

    HMRC only deal with the LTT (SDLT) aspects so as there is none to pay they don't need to be notified

    So you would submit the application to us
    “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"
  • SweetPie
    SweetPie Posts: 14 Forumite
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    edited 24 July 2018 at 2:17PM
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    Hi Land Registry,

    Thanks so much for your reply. Another question please:

    I found the details of the leasehold of a property under the Title Register.

    Would you happen to know what this means under the Short particulars of the lease(s) section?

    Rent : £4.10s.0d

    Thanks :)
  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
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    SweetPie wrote: »

    Would you happen to know what this means under the Short particulars of the lease(s) section?

    Rent : £4.10s.0d

    That was the stated rent at the time the lease was granted - pounds, shillings and pence as it was known in old monies so granted before 1971 when decimilisation came in
    “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"
  • SweetPie
    SweetPie Posts: 14 Forumite
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    And is that per year? And would the owner have the right to increase the rent during the lease period?
  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
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    SweetPie wrote: »
    And is that per year? And would the owner have the right to increase the rent during the lease period?

    You'd have to check the lease itself for further details. If you don;t have a copy then you can apply by post for one

    The short particulars include the basic details to enable a reader to confirm that the lease matches the register/title plan only. All three have to be read as one when dealing with a registered leasehold title
    “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"
  • Endstation
    Endstation Posts: 7 Forumite
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    I'm switching lender for a remortgage, my conveyancer has said they cannot proceed until a 'sole proprietor restriction is removed from the title listed as:

    RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.

    I think it was due to a deed of trust we had made when we bought the house which listed amounts both our respective parents helped with for the deposit. All parties are happy to have it removed as the payments have since been written off in wills or whatever.

    From what I can gather there is at least one form I can fill out for the LR to have this removed, the solicitor who put it in place/helped us buy the house 6 years ago is quoting nearly £800 to have it removed. Obviously I want to avoid this so if I can do it myself that would be great.

    Could you please advise me which form/forms and anything else I'd need to do to make this possible, thanks.
  • smiffy015
    smiffy015 Posts: 10 Forumite
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    Long story short, we have been in dispute with the building company who owns a property 3 doors down. In the original plans, a carport that sits under our master bedroom is theirs, however no lease was ever put in place and the carport is in our deeds. After 4 painful years we are selling up and have given in to the building company and agreed for them to have it and get the deeds changed. We part exchanged our house originally to Taylor Wimpey and a buyer had been agreed, however the land registry refused to change the deed and said a TP1 change had to be submitted, making our property such that a flying freehold would be over the said parking area. This changed everything for Taylor Wimpey as they are unable to buy our house in part exchange as there will be a flying freehold in place, however they have agreed for us to use the Easy Mover scheme which still means that the buyer that they had for the property would now be buying direct from us.
    The problem now is that the building company has still not signed and sent off the TP1 change to the land registry and it has been dragging on for 5 months now. The buyer is threatening to pull out of the sale if we have not exchanged contracts and moved by the end of August. Is there any way that the property can be sold with the TP1 change still outstanding? The new buyer was never sold the carport and knew that it would belong to someone else, so there would be no backlash from that side. Is there something that could be drawn up by solicitors or will we literally have to wait until the TP1 is changed by the land registry? If that is the case, how long would I take once the TP1 is submitted?
    Stressed is an understatement as we risk losing our new build house if the seller for this pulls out and we have already invested over 10k for upgrades in our new house which potentially could be lost !!!128557;
  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
    First Anniversary Name Dropper First Post
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    Endstation wrote: »
    I'm switching lender for a remortgage, my conveyancer has said they cannot proceed until a 'sole proprietor restriction is removed from the title listed as:

    RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.

    I think it was due to a deed of trust we had made when we bought the house which listed amounts both our respective parents helped with for the deposit. All parties are happy to have it removed as the payments have since been written off in wills or whatever.

    From what I can gather there is at least one form I can fill out for the LR to have this removed, the solicitor who put it in place/helped us buy the house 6 years ago is quoting nearly £800 to have it removed. Obviously I want to avoid this so if I can do it myself that would be great.

    Could you please advise me which form/forms and anything else I'd need to do to make this possible, thanks.

    The form needed is an RX3 which needs to be submitted with supporting evidence. Have a read of our online guidance which explains what information we need
    “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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