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Main site > Forums > Essential Money > House Buying, Renting & Selling > Land Registry questions
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      francescotusa
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    • By francescotusa 10th Aug 18, 4:43 PM
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      What's this?

    francescotusa
    “
    I'm afraid you have done all you can re speeding up the registration process as the application has been expedited.
    The key now is what applications are in front of it and which have a priority - can they be completed and do they affect

    The completing part is largely down to us but will also rely on them being in order, so the conveyancer involved has got it 'right'

    The do they affect part is something your conveyancer can and probably has considered. They may have to consider two main issues on that specific matter namely (1) is your seller's purchase in order and therefore can it be registered and (2) what other applications have priority and will they affect. The second point tends to be the main barrier to proceeding with completion as whilst the other plot sales could very well have no impact other applications may and the risk is seen as being too great. Very much one to discuss with your conveyancer
    ”
    Thanks for your message. I don't fully understand how the other applications can affect. I assume these have to be other applications also submitted by my seller? Do I get it right?

    Thank again,
    Francesco

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  • Land Registry
    “
    Thanks for your message. I don't fully understand how the other applications can affect. I assume these have to be other applications also submitted by my seller? Do I get it right?

    Thank again,
    Francesco
    Originally posted by francescotusa ”
    Most likely submitted by other purchasers just like your seller. Very much something to discuss with your own conveyancer as to the timings from your win perspective
    “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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      ellectrastar
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    • By ellectrastar 13th Aug 18, 9:28 AM
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    ellectrastar
    Good morning - I have made an offer on a property that shares a track with five others. How is this shared track recorded at Land Registry? Does it show on each property's deeds that the track is shared? I want to ensure that it is indeed shared, and not just a right of way over someone elses land. Thanks.
    Last edited by ellectrastar; 13-08-2018 at 9:31 AM.

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  • Land Registry
    “
    Good morning - I have made an offer on a property that shares a track with five others. How is this shared track recorded at Land Registry? Does it show on each property's deeds that the track is shared? I want to ensure that it is indeed shared, and not just a right of way over someone elses land. Thanks.
    Originally posted by ellectrastar ”
    Whether they all own a part or each have a right of way over it then those details should appear on the registered titles involved. I'd suggest checking the title you are buying to see what details are included/mentioned
    “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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    • By ellectrastar 13th Aug 18, 2:34 PM
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      What's this?

    ellectrastar
    Thanks. I ordered the title register and plan. It doesn't reference anything to do with the track at all, neither ownership or rights of way. How else can I verify what this track is?


    In addition the outline boundary is different as to what is advertised. The seller purchased adjoining land at a later stage - should this not show? Or is the title plan that you send relevant only to the time of the most recent sale and not any changes made thereafter? The estate agent shows a plan titled "Schedule of Areas" along with the field numbers and sizes, and this includes the portion that the seller says they have purchased. Why does it not show on the result I've been sent?

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      Emma2409
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    • By Emma2409 13th Aug 18, 3:43 PM
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      What's this?

    Emma2409
    Thanks for the info. The seller’s solicitor has contacted our solicitor to confirm that they are to submit the application for adverse possession this week along with a letter from the registered proprietor confirming that there is no objection to the transfer- will having this letter speed things up at all or will the full notice period and surveys etc still need to be carried out?

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  • Land Registry
    “
    Thanks. I ordered the title register and plan. It doesn't reference anything to do with the track at all, neither ownership or rights of way. How else can I verify what this track is?


    In addition the outline boundary is different as to what is advertised. The seller purchased adjoining land at a later stage - should this not show? Or is the title plan that you send relevant only to the time of the most recent sale and not any changes made thereafter? The estate agent shows a plan titled "Schedule of Areas" along with the field numbers and sizes, and this includes the portion that the seller says they have purchased. Why does it not show on the result I've been sent?
    Originally posted by ellectrastar ”
    So you need to check if the track is registered and if so what it's title refers to
    If they bought additional land at a later date then it is likely to be registered under it's own title.
    If you are buying the property then these are really issues you should raise with the seller and ask them to prove title/rights etc for you
    “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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  • Land Registry
    “
    Thanks for the info. The seller!!!8217;s solicitor has contacted our solicitor to confirm that they are to submit the application for adverse possession this week along with a letter from the registered proprietor confirming that there is no objection to the transfer- will having this letter speed things up at all or will the full notice period and surveys etc still need to be carried out?
    Originally posted by Emma2409 ”
    We won't know until the application is considered and the supporting evidence considered. Every application is considered on merit so impossible to say whether either or both are needed.
    “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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    • Morecat
    • By Morecat 21st Aug 18, 10:11 PM
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    Morecat
    Hi Land Registry - I am selling my SO leasehold flat, we are almost at exchange. The buyers solicitor has requested that the title is amended as the leasehold title number is noted with a different title number on the Freehold title. This needs to be corrected at Land Registry. How long will this correction take? Why would there be different title numbers?

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  • Land Registry
    “
    Hi Land Registry - I am selling my SO leasehold flat, we are almost at exchange. The buyers solicitor has requested that the title is amended as the leasehold title number is noted with a different title number on the Freehold title. This needs to be corrected at Land Registry. How long will this correction take? Why would there be different title numbers?
    Originally posted by Morecat ”
    If it's simply a typo then it should only take a few days I imagine. What's the title number?
    Last edited by Land Registry; 22-08-2018 at 9:21 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"

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    • By Morecat 22nd Aug 18, 10:09 AM
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      What's this?

    Morecat
    “
    If it's simply a typo then it should only take a few days I imagine. What's the title number?
    Originally posted by Land Registry ”
    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.

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  • Land Registry
    “
    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.
    Originally posted by Morecat ”
    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
    “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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    • By Morecat 22nd Aug 18, 5:07 PM
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      What's this?

    Morecat
    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.

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      Parsley44
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    • By Parsley44 22nd Aug 18, 5:57 PM
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    Parsley44
    Expedite - Deed of Variation
    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

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  • Land Registry
    “
    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
    Originally posted by Parsley44 ”
    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
    “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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    • By Parsley44 23rd Aug 18, 5:42 PM
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      What's this?

    Parsley44
    “
    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

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  • Land Registry
    “
    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
    Originally posted by Parsley44 ”
    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
    “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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    • By Mikey1234 24th Aug 18, 11:47 AM
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      What's this?

    Mikey1234
    Restrictive Covenants
    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.

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  • Land Registry
    “
    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.
    Originally posted by Mikey1234 ”
    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.
    “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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    • By Mikey1234 24th Aug 18, 2:19 PM
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      What's this?

    Mikey1234
    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

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