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  • Land Registry
    Adverse Possession
    At the border of my garden there is a strip of land between my land and the gardens of a terrace of what used to be council flats. Years ago this was a footpath between these properties, but has not been for at least the last 25 years that I have owned mine. I believe this strip is listed as registered to the local council. What do I have to do to make it officially 'mine' as I am hoping to sell the property and would like this on the title plan.

    p.s. - thank you for your help with my previous enquiries about tenants in common and unilateral notices. All sorted now thanks to this forum and your lovely customer services!
    Originally posted by joop
    If it's registered then the registration requirements are covered in PGs 4 and 5 depending on when your claim started.
    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"
    • Monstercat
    • By Monstercat 5th Feb 18, 8:16 PM
    • 1 Posts
    • 0 Thanks
    Monstercat
    Restriction on Land Registry
    Hi
    Hoping someone can help.
    I am currently in the throws of a remortgage but the conveyance firm have told me there is Restriction with Land Registry from an old IVA they told me to contact the practioner to have it removed, I tried but they no longer exist.
    The IVA was completed 3 years ago and we have a certificate of completion but how do I now get this restriction removed and how long does it take.
  • Land Registry
    Hi
    Hoping someone can help.
    I am currently in the throws of a remortgage but the conveyance firm have told me there is Restriction with Land Registry from an old IVA they told me to contact the practioner to have it removed, I tried but they no longer exist.
    The IVA was completed 3 years ago and we have a certificate of completion but how do I now get this restriction removed and how long does it take.
    Originally posted by Monstercat
    Our Practice Guide explains more re personal insolvency and how to apply to cancel any associated entry

    The average timescale is around 8 working days. Often quicker if supporting evidence is as required. If we have to do any checks then it can extend the timescale but we won't know until submitted
    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"
    • AlexMac
    • By AlexMac 6th Feb 18, 10:44 AM
    • 2,144 Posts
    • 1,885 Thanks
    AlexMac
    How identify a leaseholder from Register download?
    I've downloaded the 3 extract from the Title Register. This single register extract document lists the whole parcel of local properties (#55-113 in the street) as owned by a social housing provider. A few properties, including the one I'm interested in (#81), are listed as being subject to long leases of 125 years dating from 1992; presumably they were old ex-Council Right-to- Buy purchases.

    But there are no original or current leaseholders named? So my first question is, how do I establish who currently owns the lease? (I'm not buying it, so don't currently plan to ask solicitors to enquire).

    Does the register not identify current long leaseholders?

    A second lesser Q relates to the way the property is described in the Title extract; as "ground, first and second floors". Having visited the property, it's a purpose-built maisonette on the 1st and 2nd floors, with shops below and a separate entrance to the stairwell to the residential dwellings above.

    The description seems to parcel up the maisonette with the wholly separate shop, below?

    Thanks in anticipation; and thanks also, L R Rep for your incredibly helpful reply to my earlier, unrelated Q!
  • Land Registry
    I've downloaded the 3 extract from the Title Register. This single register extract document lists the whole parcel of local properties (#55-113 in the street) as owned by a social housing provider. A few properties, including the one I'm interested in (#81), are listed as being subject to long leases of 125 years dating from 1992; presumably they were old ex-Council Right-to- Buy purchases.

    But there are no original or current leaseholders named? So my first question is, how do I establish who currently owns the lease? (I'm not buying it, so don't currently plan to ask solicitors to enquire).

    Does the register not identify current long leaseholders?

    A second lesser Q relates to the way the property is described in the Title extract; as "ground, first and second floors". Having visited the property, it's a purpose-built maisonette on the 1st and 2nd floors, with shops below and a separate entrance to the stairwell to the residential dwellings above.

    The description seems to parcel up the maisonette with the wholly separate shop, below?

    Thanks in anticipation; and thanks also, L R Rep for your incredibly helpful reply to my earlier, unrelated Q!
    Originally posted by AlexMac
    The register you have downloaded will list the leases and their term for example but not the owners of those leases.
    If the leases are registered in their own right then there will be a title number shown against each as appropriate. It is that register you would need to download in order to see who owns the lease.

    The reason for this is that the lease can be bought and sold but the freehold won't change in so far as that lease remains in place whoever the owner is.

    We will add a description re the floor lavels/parts of the freehold title which the lease affects. In this example I suspect it is the stairwell which is the ground floor element you refer to but the details would be explained in a little more detail on the registered leasehold title (if any) and always in the lease itself
    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"
    • dougybrown
    • By dougybrown 4th Apr 18, 11:28 PM
    • 3 Posts
    • 0 Thanks
    dougybrown
    Hi
    I have a few Land Registry questions around property Assent and AS1 that I hope someone can answer!

    My father died recently and being the personal representative I'm now dealing with his properties, two houses and a piece of land; my sister and I are the beneficiaries.

    Should I be completing one AS1 form or would it be easier to complete one AS1 form per property?

    If using a single AS1 form how does one complete the Additional Provisions section? Is there an accepted format that clearly separates the provisions per property?

    Am I right in thinking that the details in each property's Charges Register should be included in the Additional Provisions section?

    Am I right in thinking that Execution of the assent is when the personal representative signs and dates the form and that this date does not have to be the same as (but must be on or after) the date that the beneficiaries sign?

    Full title guarantee vs limited title guarantee is causing me some grief so any pointers would be gratefully received! Limited title guarantee seems the default, simplest option but I have for one of the properties the TR1 form dated 2002 and it was transferred with full title guarantee.

    One of the properties has a possessory title dated 2002, since more than 15 years has passed, I understand that this can be changed to an absolute title. Can this be done at the same time?

    Thanks
    • lovehols
    • By lovehols 5th Apr 18, 8:04 AM
    • 214 Posts
    • 122 Thanks
    lovehols
    We have purchased a property and it borders on an old railway embankment. It is not owned by anyone, the solicitor did numerous LR searches. If we want to try and claim.rhis in future (more for maintenance and fencing it for boundary as it is useless, can't build, no access etc) what will LR need to see as proof, e.g. for how many years etc etc.
  • Land Registry
    Hi
    I have a few Land Registry questions around property Assent and AS1 that I hope someone can answer!

    My father died recently and being the personal representative I'm now dealing with his properties, two houses and a piece of land; my sister and I are the beneficiaries.

    Should I be completing one AS1 form or would it be easier to complete one AS1 form per property?

    If using a single AS1 form how does one complete the Additional Provisions section? Is there an accepted format that clearly separates the provisions per property?

    Am I right in thinking that the details in each property's Charges Register should be included in the Additional Provisions section?

    Am I right in thinking that Execution of the assent is when the personal representative signs and dates the form and that this date does not have to be the same as (but must be on or after) the date that the beneficiaries sign?

    Full title guarantee vs limited title guarantee is causing me some grief so any pointers would be gratefully received! Limited title guarantee seems the default, simplest option but I have for one of the properties the TR1 form dated 2002 and it was transferred with full title guarantee.

    One of the properties has a possessory title dated 2002, since more than 15 years has passed, I understand that this can be changed to an absolute title. Can this be done at the same time?

    Thanks
    Originally posted by dougybrown
    dougybrown - apologies for such a slow response

    I'm sorry to read of your recent loss.

    If the registered titles were all in his sole name you can include them in one form AS1 and one AP1

    If there are additional provisions to be included and applied to each title then simply make it clear and how each affects

    No re thinking that the details in each property's Charges Register should be included in the Additional Provisions section - by additional provisions we mean anything extra that you want to provide for in the transfer of ownership. Our guidance explains

    Once the AS1 has been executed by all parties as required then it can be dated

    For the advice we can give on Full title guarantee vs limited title guarantee please see the linked guidance

    You can apply to upgrade the possessory title at the same time
    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
    We have purchased a property and it borders on an old railway embankment. It is not owned by anyone, the solicitor did numerous LR searches. If we want to try and claim.rhis in future (more for maintenance and fencing it for boundary as it is useless, can't build, no access etc) what will LR need to see as proof, e.g. for how many years etc etc.
    Originally posted by lovehols
    I assume you mean that the land is unregistered. If so then our Practice Guide 5 explains what would be required to support an application to register any claim.

    All land is owned but not all land is registered. It can still be claimed either way but the legalities and process will vary if the ownership is registered (see PG 4 on that score)
    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"
    • smiffy015
    • By smiffy015 11th Apr 18, 9:28 PM
    • 8 Posts
    • 2 Thanks
    smiffy015
    Waiting on Rectification of Register
    A court has ordered that a rectification of deeds should be applied for to the Land Registry for a carport that is beneath our master bedroom that never had any lease put in place when the houses were built 10 years ago. Long story short, we did not contest this as after 4 years of solicitor fees we have given in to the building company and let them have it. The problem is that now we are SSTC on our house with Taylor Wimpey who we are part exchanging with on a new build. They are now saying that they need the paperwork from the land registry before any contracts can be exchanged. According to our solicitor it is down to building company's solicitors to contact the land registry to get it all arranged. We can't afford for them to drag their heels with this.. how long would the land registry take to draw up the new paperwork, does anyone know? We really need to get this sorted ASAP as I'm worried Taylor Wimpey will pull out of the part exchange and we have already paid over 10k for the options on the new build as this needed doing before the roof got put on.
    • Lokolo 2
    • By Lokolo 2 11th Apr 18, 9:36 PM
    • 935 Posts
    • 733 Thanks
    Lokolo 2
    Lease extension
    I have paid for a lease extension to my flat which was agreed in August 2017, 3 months ago I heard from my solicitor that it is still pending upload to the Land Registry. I am now in the process of selling my flat and the solicitor has provided my memo of sale to the land registry in an attempt to expedite uploading the new lease. My question is how long does this take, and is there any way it can be sorted quicker? I am at the stage in the sale where the buyer needs to see proof of the new lease and this delay is slowing down the process unfortunately.

    I am happy to PM details if this helps, appreciate any help.
  • Land Registry
    A court has ordered that a rectification of deeds should be applied for to the Land Registry for a carport that is beneath our master bedroom that never had any lease put in place when the houses were built 10 years ago. Long story short, we did not contest this as after 4 years of solicitor fees we have given in to the building company and let them have it. The problem is that now we are SSTC on our house with Taylor Wimpey who we are part exchanging with on a new build. They are now saying that they need the paperwork from the land registry before any contracts can be exchanged. According to our solicitor it is down to building company's solicitors to contact the land registry to get it all arranged. We can't afford for them to drag their heels with this.. how long would the land registry take to draw up the new paperwork, does anyone know? We really need to get this sorted ASAP as I'm worried Taylor Wimpey will pull out of the part exchange and we have already paid over 10k for the options on the new build as this needed doing before the roof got put on.
    Originally posted by smiffy015
    smiffy015 if they contact us and explain the urgency then we can expedite the process. This generally means that the wait time before it is considered is reduced considerably, normally to around 10 working days.
    Then everything depends on it all being in order of course
    You need to press the solicitors to confirm that they have contacted us to request expedition and supplied the details as to the urgency involved.
    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
    I have paid for a lease extension to my flat which was agreed in August 2017, 3 months ago I heard from my solicitor that it is still pending upload to the Land Registry. I am now in the process of selling my flat and the solicitor has provided my memo of sale to the land registry in an attempt to expedite uploading the new lease. My question is how long does this take, and is there any way it can be sorted quicker? I am at the stage in the sale where the buyer needs to see proof of the new lease and this delay is slowing down the process unfortunately.

    I am happy to PM details if this helps, appreciate any help.
    Originally posted by Lokolo 2
    Lokolo 2 same scenario as smiffy above so if expedited then the wait time is much less. It can't be done any quicker than being expedited so you need to ask the solicitor to confirm that has taken place and whether we have raised any issues over their application - they should be aware of what is happening
    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"
    • AH90
    • By AH90 12th Apr 18, 2:53 PM
    • 2 Posts
    • 0 Thanks
    AH90
    Assent discrepancies
    Hi,

    Im currently in the process of buying a property which has been in the same family since it was built in the 30s so is unregistered. From what Ive understood from my solicitor is that the document that is used in these circumstances is an Assent along with death certificates. One of the names on the assent isnt a problem, however the other name on the accent doesnt match the death certificate. On the accent gives the full name, however on the death certificate only a shortened version of their name is given with the surname.
    The sellers solicitors have been insisting for over 2 months that this would be acceptable to the land registry. But our solicitor has said it is unlikely that this would be accepted and doesnt want to be left with issues explaining the discrepancies to the land registry if we accepted the assent. Our solicitor has been pushing for voluntary registration which they have been avoiding for weeks now.
    So our solicitor has asked the sellers solicitor to get in contact with the land registry to get in writing whether the assent would be accepted with the discrepancies, which they have also refused to do.
    So my question is just that, would it be acceptable?

    Many thanks
    • PiggyBank01
    • By PiggyBank01 12th Apr 18, 3:17 PM
    • 22 Posts
    • 6 Thanks
    PiggyBank01
    Prescriptive Easements Over Unregistered Land
    Hi Land Registry,

    I had already created a thread and as I can`t send you a PM, I`ll can only post the link to my thread in order to ask you to take a look and to avoid cross-posting.

    My query is around Prescriptive Easements Over Unregistered Land.

    The thread is here http://forums.moneysavingexpert.com/showthread.php?t=5826005

    Thank you in advance.
    Last edited by PiggyBank01; 12-04-2018 at 3:54 PM.
    • dougybrown
    • By dougybrown 12th Apr 18, 9:24 PM
    • 3 Posts
    • 0 Thanks
    dougybrown
    Hi Land Registry!
    Thanks for answering my questions, no need to apologise about any delay, just really grateful that you replied!

    One further question or two if you don't mind (I'm sure I'll have more as I read the links/guidance you posted!), since I am the personal representative as well as one of the transferees, am I right in thinking that I do not need to complete an ID1, can you confirm? As the assent will be to my sister and myself, do I need an ID1 for my sister or am I able to certify her identity?
    • RegWorts
    • By RegWorts 13th Apr 18, 1:21 AM
    • 7,663 Posts
    • 1,932 Thanks
    RegWorts
    Prescriptive Access ?
    A family member is really interested in buying a house that backs onto a local park owned by the Parish Council.

    There is a gate in the fence at the bottom of the garden that has been there for a few years but there is no mention in the Land Registry Title Deeds of whether there is a legal right of access to the park by using this gate. ( The fence is owned by the house)

    Is there such a thing as a prescriptive right of access that can be claimed if this gate has been used for a number of years .....and if so is it 20 years or less?

    This house ( in England ) has just come on the market so a decision has not been made whether to buy it or not, meaning that a solicitor has not been engaged yet.

    The Land Registry documents downloaded via the Internet was the initial quicker, easier and much cheaper option to check first before asking a solicitor

    Thanks
  • Land Registry
    Hi,

    I!!!8217;m currently in the process of buying a property which has been in the same family since it was built in the 30!!!8217;s so is unregistered. From what I!!!8217;ve understood from my solicitor is that the document that is used in these circumstances is an Assent along with death certificates. One of the names on the assent isn!!!8217;t a problem, however the other name on the accent doesn!!!8217;t match the death certificate. On the accent gives the full name, however on the death certificate only a shortened version of their name is given with the surname.
    The sellers solicitors have been insisting for over 2 months that this would be acceptable to the land registry. But our solicitor has said it is unlikely that this would be accepted and doesn!!!8217;t want to be left with issues explaining the discrepancies to the land registry if we accepted the assent. Our solicitor has been pushing for voluntary registration which they have been avoiding for weeks now.
    So our solicitor has asked the sellers solicitor to get in contact with the land registry to get in writing whether the assent would be accepted with the discrepancies, which they have also refused to do.
    So my question is just that, would it be acceptable?

    Many thanks
    Originally posted by AH90
    AH90 i think you may need to double check the details of the problem

    If the owner has died then the executor will need probate and the Assent then refers to the executor as being the personal representative in that capacity

    And if they are selling to you that would be by way of a Transfer, by the executor, to you.

    Can you check/clarify please as it's probate and deed that normally matter here. Not death certificate
    Last edited by Land Registry; 13-04-2018 at 8:51 AM.
    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
    Hi Land Registry!
    Thanks for answering my questions, no need to apologise about any delay, just really grateful that you replied!

    One further question or two if you don't mind (I'm sure I'll have more as I read the links/guidance you posted!), since I am the personal representative as well as one of the transferees, am I right in thinking that I do not need to complete an ID1, can you confirm? As the assent will be to my sister and myself, do I need an ID1 for my sister or am I able to certify her identity?
    Originally posted by dougybrown
    We don't need ID verification fir the executir(s) as probate covers that aspect. So if your sister is only a beneficiary then we need ID verification for her. You can't do that so you'll need to follow the form ID1 and guidance to see how that is completed
    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
    A family member is really interested in buying a house that backs onto a local park owned by the Parish Council.

    There is a gate in the fence at the bottom of the garden that has been there for a few years but there is no mention in the Land Registry Title Deeds of whether there is a legal right of access to the park by using this gate. ( The fence is owned by the house)

    Is there such a thing as a prescriptive right of access that can be claimed if this gate has been used for a number of years .....and if so is it 20 years or less?

    This house ( in England ) has just come on the market so a decision has not been made whether to buy it or not, meaning that a solicitor has not been engaged yet.

    The Land Registry documents downloaded via the Internet was the initial quicker, easier and much cheaper option to check first before asking a solicitor

    Thanks
    Originally posted by RegWorts
    RegWorts 20 years minimum and have a read of our PG52 for wider guidance
    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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