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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
    Margot123 wrote: »
    We have made an offer on a property however on doing a Land Registry search we can find no details for it.
    Should we ask the vendor (it's a Probate property) to register it prior to completion? We don't want to be the ones footing the solicitor's bill for their oversight.

    I doubt if it's an oversight but more, as silvercar posts, a case of it not being compulsory to register at the time the deceased owner purchased it for example.

    You need to rely on your conveyancer here as to whether to ask them to register it first and then buy or you buy and then register it for the first time yourselves.

    Attitudes to this will vary between conveyancers so one to ask your conveyancer for advice on.

    Our average timescale for processing a first registration currently is 69 working days. That can be expedited if there is a confirmed buyer and reduced to a few weeks in some cases.
    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"
  • Margot123
    Margot123 Posts: 1,116 Forumite
    Thank you for your responses and advice.
    I am calling the estate agent to make them aware so that the executor can sort it from their side as I'm sure it would be quicker as there is a sale pending.
  • Im hoping some kind soul can point me in the right direction.

    Our house has a small bit of land at the front, probably 30' x 10' which in the deeds allows me to use it, but technically is owned by next door and is on their deeds. It was originally an entrance to both properties driveways. However 15 yrs ago a fence was put up and has been there ever since, the neighbour who owns it isnt bothered about the fact the small bit of land is now within my boundary.

    We have agreed that to save aggro in the future should one of us decide to sell, that I will buy it from them, we have agreed a few thousand, they have no mortgage so own outright, i have a mortgage. We want the minimum fuss to keep it watertight for future purchasers of either house. Can we do this ourselves , if so how do we do it, the solicitor wants 1000 pounds !

    Regards Stu
  • Hi we sold our house in May 2017 and it still has not appeared on the land registry indexes is there a reason for this? Similarly another property 5 doors up was sold 4 years ago and never appeared on the land Registry.
  • Hi, I've been told to post here to get some help so here goes.
    I brought a property with an ex partner in 2002. I lived in the property for a couple of years until he relationship dissolved and then moved out. We had an understanding between us that if the house was sold I would get half of any equity or profits. I contributed £12,000 towards the buying of the house.
    I haven't spoken to him in years. We have both moved on and I moved quite far away. I was told by a mutual friend last week that my ex had gone bankcrupt. I checked this online and he did infact go bankcrupt in 2009. I have checked my credit report and I'm still affiliated with him financially. I was aware that he took out loans on the house for improvements. The loans were in joint names and secured upon the property. These were I imagine tied in to his bankcruptcy.
    Now I have just checked and the house sold last year for double what we paid for it (£118,000). Obviously I am annoyed because he hasn't mentioned this to me. I feel very stupid that I hadn't questioned the trust in our agreement and I have absolutely no idea what to do. Or if I can do anything.
    I'm presuming there is nothing I can do at all and I just kiss goodbye to my money. I had moved abroad for 10 years and not long come back hence why I had just left him to it. I'd appreciate any advice
    I have been told by the land registry that there was a 'form J restriction' placed upon the title for the registry.
    The insolvency service have said that they sent me a letter advising that the debtor would not regain his half of the title. (I have never seen it) It was from the moment he entered bankruptcy owned by the official reciever.
    They have to give 3 years apparently to see if the value rises in the house. The house was sold in December of last year, the next sale before that was when I purchased it with my ex. So according to that it lay empty for 7 years! I have actually seen the for sale photos on a for sale website and it is decorated how I decorated it. It still has furniture in it that I recognise in the photos.
    There was a 'seperation agreement' drawn up when we split but if I am liable for half of his debts then it's not worth the paper it's written on and more to the point I want what is rightfully mine. We brought the house for £125k, I paid £12k deposit. At the time of bankruptcy the mortgage was for £104k. His debts were £59k therefore eating in to my half. The house has sold for £235 so I calculate that I am owed £100,000!! If the insolvency service have notified me of my legal right to purchase his half/share then they have not taken the seperation agreement in to account either. All I originally wanted was the £12,000 I put in in the event it was sold.
    So out of interest a house cannot be legally sold if the other owner cannot be found? At all? This is getting quite interesting for me.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    stusimpson wrote: »
    Im hoping some kind soul can point me in the right direction.

    Our house has a small bit of land at the front, probably 30' x 10' which in the deeds allows me to use it, but technically is owned by next door and is on their deeds. It was originally an entrance to both properties driveways. However 15 yrs ago a fence was put up and has been there ever since, the neighbour who owns it isnt bothered about the fact the small bit of land is now within my boundary.

    We have agreed that to save aggro in the future should one of us decide to sell, that I will buy it from them, we have agreed a few thousand, they have no mortgage so own outright, i have a mortgage. We want the minimum fuss to keep it watertight for future purchasers of either house. Can we do this ourselves , if so how do we do it, the solicitor wants 1000 pounds !

    Regards Stu
    See this thread (identical issue):

    http://forums.moneysavingexpert.com/showthread.php?t=5732109
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Vulcan76 wrote: »
    Hi, I've been told to post here to get some help so here goes.
    I brought a property with an ex partner in 2002. I lived in the property for a couple of years until he relationship dissolved and then moved out. We had an understanding between us..... etc etc etc.
    Seems to me you were extremely unwise back in 2004.

    And doing nothing for the next 13 years was also extremely unwise.

    Write it off and put it down to experience. Next time, control your finances better
    * make an ex buy you out next time
    * or sell the property when you split
    * separate all financial links from an ex

    This last is all you should be concerned with now. Do whatever it takes to cut the financial ties between you.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    edited 29 October 2017 at 7:45PM
    Herby72 wrote: »
    Hi we sold our house in May 2017 and it still has not appeared on the land registry indexes is there a reason for this? Similarly another property 5 doors up was sold 4 years ago and never appeared on the land Registry.
    * Are you looking at the Land Registry website here?

    * is it a transfer of ownership, or a first registration?

    * has any previous Charge (mortgage) been redeemed)?

    * did you do the conveyancing yourself? If not, what did your conveyancer say when you asked?

    * if you did the conveyancing yourself, what dates did you submit the SDLT Return? Receive HMRC sign-off? Submit the TR1 to the LR?

    * RTB? For other excluded Price Paid Data See here.
  • pernes
    pernes Posts: 270 Forumite
    First Post First Anniversary Combo Breaker
    Pernes - if you have applied for official copies then these are normally processed within 3-5 working days. Then add in the postal timescale.

    If still within that timeframe then I would hold fire a little longer. If you are concerned then worth checking if the cheque has been banked to confirm we received the application.

    If outside of that timeframe and you wish to chase/query then you can use our contact form to provide the specific details and we can check and email you back.

    Thanks received the TP1 form on Friday, but still awaiting the copy of the lease that was submitted at the same time.

    On the TP1 form, under stamp duty there is a sum of £120,000that it says the transaction didn’t exceed. How can I find out how much each item sold for it says garage 2, garage 4 and land adjoining garage 1?

    Thanks
  • Land_Registry
    Land_Registry Posts: 5,779 Organisation Representative
    First Anniversary Name Dropper First Post
    edited 31 October 2017 at 2:41PM
    stusimpson wrote: »
    Im hoping some kind soul can point me in the right direction.

    Our house has a small bit of land at the front, probably 30' x 10' which in the deeds allows me to use it, but technically is owned by next door and is on their deeds. It was originally an entrance to both properties driveways. However 15 yrs ago a fence was put up and has been there ever since, the neighbour who owns it isnt bothered about the fact the small bit of land is now within my boundary.

    We have agreed that to save aggro in the future should one of us decide to sell, that I will buy it from them, we have agreed a few thousand, they have no mortgage so own outright, i have a mortgage. We want the minimum fuss to keep it watertight for future purchasers of either house. Can we do this ourselves , if so how do we do it, the solicitor wants 1000 pounds !

    Regards Stu

    Our online guidance explains how to transfer the ownership using firm TP1. If the value is under £6K you won't need to verify your IDs unless we decide we require it for some reason.

    We always recommend to get legal advice/assistance as appropriate but it is not compulsory
    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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