Land Registry questions

Land_Registry · 22 August 2018 at 10:43AM

Morecat wrote: »

Thank you for getting back to me. The title number is SGL413500. There wasn't a problem 17 years ago when I bought the flat and nothing has changed during that time, apart from getting the mortgage paid off.

Morecat - many thanks. That's a closed title now and it seems that it was closed back in 2002 when the title deeds were lost and replaced. When that happens a new title is allocated and the correct one is SGL633480

The freehold title refers to the old title number still hence the issue raised by your buyer. I assume that was overlooked at the time and not updated

I can't see any recorded request/application submitted so may be something to contact your conveyancer on to query whether they have done so as yet?

Alternatively you can use our online contact form to submit the details and ask us to investigate/amend as appropriate.
Let me know if you do the latter by posting and I can trace the contact and add some details to assist colleagues

Morecat · 22 August 2018 at 5:07PM

Land Registry - Thank you for such an informative reply. I contacted my conveyancing solicitors and they say they requested a correction late yesterday afternoon. They believe it will only take a couple of days for the correction to be made. Since I have never had a reason to question the title I have remained oblivious to the fact that there was a problem with the title numbering. I am so impressed with the help you have given. I am so glad I took the step to ask a question.

Parsley44 · 22 August 2018 at 5:57PM

Can anyone help me, please, with how I can get the land registry to expedite a deed of variation on our lease?
We have had the document signed by all of the concerned parties, and we are now waiting on the land registry to accept the document before we can complete the sale of our property.

We know that we are 3rd in the queue for our freehold, and the first one has been there since 1st May! We were told today that they have been granted an extension until mid-September to provide the LR the documents that they are waiting on.
2nd in the queue has until EOD Friday to provide documents to LR.

On Friday our solicitor asked LR to expedite our request as it is holding up a chain of sales/purchases, but this was declined on Friday (we only found this out today). What other options do we have to get this looked at more quickly; as we can't afford to wait behind the others in the queue as the chain will collapse!

Thanks in advance for any help/advice/timelines anyone can provide

Land_Registry · 23 August 2018 at 10:56AM

Parsley44 wrote: »

Can anyone help me, please, with how I can get the land registry to expedite a deed of variation on our lease?
We have had the document signed by all of the concerned parties, and we are now waiting on the land registry to accept the document before we can complete the sale of our property.

We know that we are 3rd in the queue for our freehold, and the first one has been there since 1st May! We were told today that they have been granted an extension until mid-September to provide the LR the documents that they are waiting on.
2nd in the queue has until EOD Friday to provide documents to LR.

On Friday our solicitor asked LR to expedite our request as it is holding up a chain of sales/purchases, but this was declined on Friday (we only found this out today). What other options do we have to get this looked at more quickly; as we can't afford to wait behind the others in the queue as the chain will collapse!

Thanks in advance for any help/advice/timelines anyone can provide

Reads as if you have done all you can and your conveyancer has had the response confirming other applications have priority.

The only thing I can suggest is that you revisit the issue with your conveyancer as to why you can't complete - if they have all the documents, know they have been submitted and there are no issues with your own application can they not proceed? Very much up to the conveyancers involved re such matters but something to explore. Let us know what the reasons are

Parsley44 · 23 August 2018 at 5:42PM

The only thing I can suggest is that you revisit the issue with your conveyancer as to why you can't complete - if they have all the documents, know they have been submitted and there are no issues with your own application can they not proceed? Very much up to the conveyancers involved re such matters but something to explore. Let us know what the reasons are

Thank you so much for your response.

The solicitors have given no reason other than that they want to wait. Interestingly when discussing a hypothetical where we would be in the same position as the buyer, my solicitor has said that they would be advising me to wait until registered by the LR even though we understand it to be legally binding already as it has been signed by all parties.

I have asked my estate agent to discuss with our buyer to see if the buyer wants to reopen the conversation with their solicitor and push from that side.

Thanks again for your help - I will update if we hear more

Land_Registry · 23 August 2018 at 5:59PM

Parsley44 wrote: »

Thank you so much for your response.

The solicitors have given no reason other than that they want to wait. Interestingly when discussing a hypothetical where we would be in the same position as the buyer, my solicitor has said that they would be advising me to wait until registered by the LR even though we understand it to be legally binding already as it has been signed by all parties.

I have asked my estate agent to discuss with our buyer to see if the buyer wants to reopen the conversation with their solicitor and push from that side.

Thanks again for your help - I will update if we hear more

Understood - the EA can be a conduit fir comms but little more
Often the lender has a significant say in what happens and when
Conveyancers and lenders will vary with their approaches to risk of course

Historically such things were rarely an issue but attitudes have seemingly changed and having to wait as a result can occur.
Ideally everything would just get registered quickly but it's nit the backlog that's impacting here it seems but the fact that earlier applications are not in order

Mikey1234 · 24 August 2018 at 11:47AM

We bought our house on a small estate directly from the builders about 25 years ago. In the deeds there is a covenant which says that we cannot add any trees, shrubs, hedges to the front garden, which was then open plan. Since then of course just about everyone who has bought property on the estate has added plants, bushes etc to their front gardens. Is such a restrictive covenant actually enforceable even after 25 years?
Thanks for any advice.

Land_Registry · 24 August 2018 at 1:03PM

Mikey1234 wrote: »

We bought our house on a small estate directly from the builders about 25 years ago. In the deeds there is a covenant which says that we cannot add any trees, shrubs, hedges to the front garden, which was then open plan. Since then of course just about everyone who has bought property on the estate has added plants, bushes etc to their front gardens. Is such a restrictive covenant actually enforceable even after 25 years?
Thanks for any advice.

Yes - covenants run with and bind the land so if you had 40 plots all developed by the same builder and then sold off with the same covenants in then you potentially now have 39 other plots which benefit from and can enforce the said covenants.

How likely someone is to enforce any such covenants is impossible to calculate as so many factors feed in to that inc awareness and understanding of course.

Mikey1234 · 24 August 2018 at 2:19PM

Many thanks for that...... there are a couple of complications which you can probably help clarify.

Firstly, the covenants are between me and the builder (and of course between every other house owner and the builder). So presumably that means that only the builder can take action to enforce the covenant?

Additionally, in the deeds it says that no house owner has the right to make the builder enforce a covenant against any other owner. So from that I presume that if say my neighbour breaks a covenant, only the builder can take action, and I am not able to make the builder take action?

Thanks

Land_Registry · 24 August 2018 at 4:08PM

Mikey1234 wrote: »

Many thanks for that...... there are a couple of complications which you can probably help clarify.

Firstly, the covenants are between me and the builder (and of course between every other house owner and the builder). So presumably that means that only the builder can take action to enforce the covenant?

Additionally, in the deeds it says that no house owner has the right to make the builder enforce a covenant against any other owner. So from that I presume that if say my neighbour breaks a covenant, only the builder can take action, and I am not able to make the builder take action?

Thanks

You would need to check the wording of the covenanting clause, which then leads into the specific covenants, to understand who they are for the benefit of. As posted they run with the land so that means that usually it is the builder's land that has the benefit. So if that's then split into 40 plots you have 39 plots with the benefit.

So you may have 'A Mike covenants with A Builder....' but it's the next bit that matters re the benefiting land so most then go on to state '.... for the benefit of......'. And most then refer to the land retained or estate so you have to see how they are defined.

The second point means that whilst the builder owned some of the benefiting land it was up to them if they enforced the covenant. It doesn't then state the owner can't enforce it themselves

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