Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
Page 22
    • dunroving
    • By dunroving 10th May 18, 3:46 PM
    • 1,150 Posts
    • 804 Thanks
    dunroving
    dunroving - the application was submitted on the 1st May and completed on the 8th. The noted lease has been removed so the solicitor may now be aware.
    I am taking it that it's the same title number involved as you posted previously
    Originally posted by Land Registry
    You are a star. Thanks for all your help, will get the solicitors moving (hopefully faster than glacial pace).
    (Nearly) dunroving
    • BISCUIT1
    • By BISCUIT1 15th May 18, 9:25 AM
    • 57 Posts
    • 80 Thanks
    BISCUIT1
    Hello Land Registry rep, I have a query I am hoping you can help with. I am buying some farm land adjacent to my current house/land and in the course of the process I have established that there is agricultural use access on to the land across a track that has since fallen into disuse. The current owners never used it and to be honest probably forgot it existed as they didn't need to use it but it would be very useful for me to start using just for haymaking time. The problem is that the track at the head of the access on the title deeds has in, I would say the last 5 years been fenced of by the adjoining house and they are now using it as their garden. They have apparently told others they bought it off the council but according to the council they have never owned it and it is unregistered from what I can see on the LR maps and it certainly isn't included in the houses title plan. Once the sale is complete I intend to go and see them and try the tea and cake approach but if this doesn't work and they don't agree to remove the fencing and allow the access I am entitled to across the unregistered land how do I go about achieving this? (for info the current owners will not entertain sorting this out prior to sale due to their circumstances so I accept I am buying this as is and if I get the access re-instated it will be a bonus if that makes sense) If the land was registered I appreciate it would be a civil matter with the owner but in this case the land is not registered and they appear to have taken it informally. Many Thanks.
    • Tink_x
    • By Tink_x 15th May 18, 9:53 AM
    • 8 Posts
    • 3 Thanks
    Tink_x
    How long does it generally take to upgrade a house from good to absolute? My solicitor said itís still waiting on enquiries from the land registry. Itís been a couple of weeks now.
  • Land Registry
    Hello Land Registry rep, I have a query I am hoping you can help with. I am buying some farm land adjacent to my current house/land and in the course of the process I have established that there is agricultural use access on to the land across a track that has since fallen into disuse. The current owners never used it and to be honest probably forgot it existed as they didn't need to use it but it would be very useful for me to start using just for haymaking time. The problem is that the track at the head of the access on the title deeds has in, I would say the last 5 years been fenced of by the adjoining house and they are now using it as their garden. They have apparently told others they bought it off the council but according to the council they have never owned it and it is unregistered from what I can see on the LR maps and it certainly isn't included in the houses title plan. Once the sale is complete I intend to go and see them and try the tea and cake approach but if this doesn't work and they don't agree to remove the fencing and allow the access I am entitled to across the unregistered land how do I go about achieving this? (for info the current owners will not entertain sorting this out prior to sale due to their circumstances so I accept I am buying this as is and if I get the access re-instated it will be a bonus if that makes sense) If the land was registered I appreciate it would be a civil matter with the owner but in this case the land is not registered and they appear to have taken it informally. Many Thanks.
    Originally posted by BISCUIT1
    I am assuming that 'agricultural use access' relates to the type of land use managed by the local authority. Namely one that is not capabale of ebing registered but attaches to the land through it's use for agricultural purposes. If so then that would not be something we could comment on but presumably the council can advise although it would be legal advice needed as well if there was potential for any dispute.

    The fencing off of the land is a separate issue and one which does then relate to the registered details. If the land is unregistered then any claim by the adjoining house owners would be applied for, after several more years, in accordance with our Practice Guide 5

    The tea and cake scenario is a sound one in my experience provided the neighbours are amenable and like cake. The approach seems to be that you are not looking to challenge their claim or use as a garden but you wish to ensure you can still use the access point. If so then that is the key point to get legal advice on as does your access impact on their claim and how is the agricultural use right affected by their claim.
    ďOfficial 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
    How long does it generally take to upgrade a house from good to absolute? My solicitor said itís still waiting on enquiries from the land registry. Itís been a couple of weeks now.
    Originally posted by Tink_x
    All a question of what those 'enquiries' are really

    Our PG 42 section 3 refers to how a Good leasehold might be ugraded to Absolute and I assume it is this upgrade to which you refer.

    The upgrade is essentially reliant on curing the apparent 'defect' in the title as applied for on first registration. That may not lead to us making enquiries of third parties so it may be worth asking the solicitor to clarify what they mean by 'enquiries' here.

    Happy to take a look if you quote me the title number involved?
    ďOfficial 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"
    • BISCUIT1
    • By BISCUIT1 15th May 18, 10:36 AM
    • 57 Posts
    • 80 Thanks
    BISCUIT1
    Thank you for your reply. This is what the Property Register says:
    "The land has the benefit of the following rights granted by a Conveyance of the land tinted blue on the filed plan dated 28/02/1930 made between ** and **.:
    Together with the benefit of (so far as the vendor can lawfully grant the same but not further or otherwise) full and free right for the Purchaser and his successors in title owner or owners for the time being of the two fields of land firstly and secondly hereinbefore described or either of them in common with the vendor and his successors in title and all other persons entitled or to become entitled thereto or to thereof of passing and trespassing at all times over and along the roadway coloured yellow on the said plan and so as to connect the said fields of land hereby conveyed with the main road from ** to ** but so that such roadway shall be used for agricultural purposes only in connection with the said two fields of land first and secondly herein before described"

    The first part of the yellow track is now fenced off by the house and my access would effectively stop them using it as it it would require a tractor driving through what they are now using as their garden but you can see on Google earth history it was until about 5 years ago a maintained track the width of a tractor.Their claiming the land seems to be negating what i am entitled to on the deeds unless i am mistaken so would that affect their claim to the land and if so how do i need to proceed with this? If someone takes unregistered land is it only up to an individual affected by it to challenge it and if so how would i get them to remove their fence? Sorry for the long post!
    • Tink_x
    • By Tink_x 15th May 18, 11:05 AM
    • 8 Posts
    • 3 Thanks
    Tink_x
    Not sure if this is the title number but MS587698 ?
  • Land Registry
    Thank you for your reply. This is what the Property Register says:
    "The land has the benefit of the following rights granted by a Conveyance of the land tinted blue on the filed plan dated 28/02/1930 made between ** and **.:
    Together with the benefit of (so far as the vendor can lawfully grant the same but not further or otherwise) full and free right for the Purchaser and his successors in title owner or owners for the time being of the two fields of land firstly and secondly hereinbefore described or either of them in common with the vendor and his successors in title and all other persons entitled or to become entitled thereto or to thereof of passing and trespassing at all times over and along the roadway coloured yellow on the said plan and so as to connect the said fields of land hereby conveyed with the main road from ** to ** but so that such roadway shall be used for agricultural purposes only in connection with the said two fields of land first and secondly herein before described"

    The first part of the yellow track is now fenced off by the house and my access would effectively stop them using it as it it would require a tractor driving through what they are now using as their garden but you can see on Google earth history it was until about 5 years ago a maintained track the width of a tractor.Their claiming the land seems to be negating what i am entitled to on the deeds unless i am mistaken so would that affect their claim to the land and if so how do i need to proceed with this? If someone takes unregistered land is it only up to an individual affected by it to challenge it and if so how would i get them to remove their fence? Sorry for the long post!
    Originally posted by BISCUIT1
    BISCUIT1 - many thanks. So it is a genuine registered easement/right that refers to the right of access for agricultural use. Nothing to do with local authority therefore.

    It may or may not affect their claim as and when made but you would need legal advice on that aspect and especially with regards how you should approach the matter

    We can never say what the outcome of an application will be before it is made. We can only make this decision after all the evidence has been produced and considered. We may also contact adjoining landowners to confirm/clarify the claim and their views.

    Challenging a claim is invariably down to the actual landowner but those with rights over it or who can prove an 'interest' may also be able to challenge the position. However in this example their claim is not registered and won't be for several years so it is very much legal advice you need now to ensure any steps taken are legally sound and sufficient to ensure your right of access is preserved
    ďOfficial 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
    Not sure if this is the title number but MS587698 ?
    Originally posted by Tink_x
    It is but I don't think that's the right one as it relates to a small parcel of land and not a property.
    ďOfficial 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"
    • BISCUIT1
    • By BISCUIT1 15th May 18, 1:02 PM
    • 57 Posts
    • 80 Thanks
    BISCUIT1
    Many thanks for your reply. I will get the sale completed and go and speak to them and see how it goes and then review-the problem is they may never make a formal claim but in the interim I still won't be able to use the access as it is fenced off. Thankyou.
    • Sanjeev31091
    • By Sanjeev31091 15th May 18, 4:13 PM
    • 2 Posts
    • 0 Thanks
    Sanjeev31091
    Title - SY463427
    23 Ravensbourne Avenue, Stanwell, Staines, Surrey
    TW19 7SU
    Lender: Nationwide Building Society
    Registered Owner: Dean Charles Smith




    Hi Land Registry,
    A restriction removal has been applied for, please can you let me know how much longer this will take to process? As we are in a rush to get this removed ASAP as my mortgage offer is going to expire within the next month!
    Regards
    Sanjeev Kamal
  • Land Registry
    Title - SY463427
    23 Ravensbourne Avenue, Stanwell, Staines, Surrey
    TW19 7SU
    Lender: Nationwide Building Society
    Registered Owner: Dean Charles Smith

    Hi Land Registry,
    A restriction removal has been applied for, please can you let me know how much longer this will take to process? As we are in a rush to get this removed ASAP as my mortgage offer is going to expire within the next month!
    Originally posted by Sanjeev31091
    Sanjeev31091 - the restrictions were removed yesterday after receipt of an application to remove them on the 14th May.
    ďOfficial 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"
    • SG27
    • By SG27 16th May 18, 7:41 AM
    • 2,046 Posts
    • 1,293 Thanks
    SG27
    Hello,

    Im selling a house that has various rights of way and shared areas over other properties. The deeds refer to various colours for the shared areas. The official plan from the land registry is very faint and shows no colour.

    The buyers solicitor keeps asking for an official coloured copy. How can I get a coloured one??

    Thanks
  • Land Registry
    Hello,

    Im selling a house that has various rights of way and shared areas over other properties. The deeds refer to various colours for the shared areas. The official plan from the land registry is very faint and shows no colour.

    The buyers solicitor keeps asking for an official coloured copy. How can I get a coloured one??

    Thanks
    Originally posted by SG27
    SG 27 - the title plan would not be 'very faint' so I am sssuming it is a deed plan you are referring to. They can be faint depending on how long they were stored in a paper form before being scanned.

    If you/the solicitor obtained it from us then that is the only copy we will have. Whilst you could try contacting the named parties and/or other landowners affected to see if they have a batter copy in my experience that is likely to draw a blank
    ďOfficial 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"
    • Jkicks
    • By Jkicks 17th May 18, 5:31 PM
    • 1 Posts
    • 0 Thanks
    Jkicks
    Land Registry - Removing a restriction
    Hello Land Registry Rep. I am in the long and drawn out process of buying a house that has a restriction registered against it. The RX4 form has been prepared and is (fingers crossed) being submitted today. Assuming this is all in order (I appreciate you can't comment on whether it is) do you know what the current processing time is for updates to existing register entries?


    Thank you in advance!
    • natbecky1234
    • By natbecky1234 17th May 18, 5:46 PM
    • 1 Posts
    • 0 Thanks
    natbecky1234
    Buying freehold of house when you can't find out who owns it
    I purchased the house from my mum 12 years ago, its leasehold house
    every year we'd get a letter from a property management company for the £10 ground rent.... 3 years ago the meets stopped, i still sent the cheques when due....but turns out they were not cashed. roll onto this year where myself and partner applied to change our mortgage and found out theres only 57 years left on lease!
    so mortgage company won't give the mortgage, we tried to contact the company on the letters we used to get for the ground rent and they never answered or replied to letters, we later found out the business owner had died- which would explain why it all stopped.
    The problem we have is that I can't find out who now owns the freehold if anyone!, our deeds say a different company who we also can't find exsist anymore but these deeds haven't been changed since 1970 so i'm pretty sure the original company sold it on after houses were built.
    i contacted the land registry and they said i had to find the owner of the freehold to extend or purchase but how am i meant to do that when i have just a name for a company who don't exist and an address for a dead man.
    We either want to extend leasehold or buy
    • Tom99
    • By Tom99 17th May 18, 5:57 PM
    • 2,059 Posts
    • 1,385 Thanks
    Tom99
    I purchased the house from my mum 12 years ago, its leasehold house
    every year we'd get a letter from a property management company for the £10 ground rent.... 3 years ago the meets stopped, i still sent the cheques when due....but turns out they were not cashed. roll onto this year where myself and partner applied to change our mortgage and found out theres only 57 years left on lease!
    so mortgage company won't give the mortgage, we tried to contact the company on the letters we used to get for the ground rent and they never answered or replied to letters, we later found out the business owner had died- which would explain why it all stopped.
    The problem we have is that I can't find out who now owns the freehold if anyone!, our deeds say a different company who we also can't find exsist anymore but these deeds haven't been changed since 1970 so i'm pretty sure the original company sold it on after houses were built.
    i contacted the land registry and they said i had to find the owner of the freehold to extend or purchase but how am i meant to do that when i have just a name for a company who don't exist and an address for a dead man.
    We either want to extend leasehold or buy
    Originally posted by natbecky1234

    look up info on vesting orders:


    http://www.fridaysmove.com/vesting-orders-explained-how-buy-freehold-where-your-landlord-missing/285
  • Land Registry
    Hello Land Registry Rep. I am in the long and drawn out process of buying a house that has a restriction registered against it. The RX4 form has been prepared and is (fingers crossed) being submitted today. Assuming this is all in order (I appreciate you can't comment on whether it is) do you know what the current processing time is for updates to existing register entries?


    Thank you in advance!
    Originally posted by Jkicks
    Jkicks the average time between receipt and consideration would be 8 working days currently. The key then is whether it is in order and whether we have to carry out any wider checks e.g contacting the restrictioner to confirm their withdrawal. Those wider checks, if required, can take up to 15 working days to complete

    So best case scenario if it us in order is 8 working days or less. Worse case woukd be at least 23/24 working days. But all very much 'average' timescales of course
    ďOfficial 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 purchased the house from my mum 12 years ago, its leasehold house
    every year we'd get a letter from a property management company for the £10 ground rent.... 3 years ago the meets stopped, i still sent the cheques when due....but turns out they were not cashed. roll onto this year where myself and partner applied to change our mortgage and found out theres only 57 years left on lease!
    so mortgage company won't give the mortgage, we tried to contact the company on the letters we used to get for the ground rent and they never answered or replied to letters, we later found out the business owner had died- which would explain why it all stopped.
    The problem we have is that I can't find out who now owns the freehold if anyone!, our deeds say a different company who we also can't find exsist anymore but these deeds haven't been changed since 1970 so i'm pretty sure the original company sold it on after houses were built.
    i contacted the land registry and they said i had to find the owner of the freehold to extend or purchase but how am i meant to do that when i have just a name for a company who don't exist and an address for a dead man.
    We either want to extend leasehold or buy
    Originally posted by natbecky1234
    natbecky1234 legal ownership does not just 'stop' if someone dies or if a company is wound up. If the freehold is not registered then you'll need to work forward from whoever granted the lease. You have already started that process

    If it transpires that the deceased owned the freehold the it forms part if his estate. If probate was not granted and there was no will or next of kin then the legal ownership can pass to the crown - research the term bona vacantia for an understanding

    You may also find the Leaseholdhttps://www.lease-advice.org Advisory Service a useful resource as well - not to identify the freehold legal owner but to help re next steps/options
    ďOfficial 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"
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

60Posts Today

1,481Users online

Martin's Twitter
  • It's the start of mini MSE's half term. In order to be the best daddy possible, Im stopping work and going off line? https://t.co/kwjvtd75YU

  • RT @shellsince1982: @MartinSLewis thanx to your email I have just saved myself £222 by taking a SIM only deal for £7.50 a month and keeping?

  • Today's Friday twitter poll: An important question, building on yesterday's important discussions: Which is the best bit of the pizza...

  • Follow Martin