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    • Lilyburton
    • By Lilyburton 8th Jan 19, 3:26 PM
    • 4 Posts
    • 0 Thanks
    Lilyburton
    Hi there


    I am really hoping for some advice. We were due to exchange contracts and move house 4 days before Christmas (having agreed a sale at the start of August) but unfortunately have been advised that we are waiting on Land Registry to register a charge and this could take 3 months - possibly longer.


    Essentially our buyers discovered that evidence was required to demonstrate that the mortgage relating to the previous occupiers of their house (bear with me) had been settled. It has and they have confirmation of this from the bank. This has now gone to Land Registry but we have been advised that this will take 3 months + to resolve.


    We are in complete disarray, having sold most things in preparation for moving prior to Christmas, which was always the date proposed. All of our belongings (including those of our 2 small children)were completely packed and put into storage in preparation so living in limbo.


    To make matters more stressful we have just been advised that the developer that we are buying from have a quota, in terms of the number of people that they are permitted to move in prior to completing road improvement works. It is likely that we are going to fall outside of the quota if this issue isn't resolved imminently, as there are others in a position to move. If this occurs then any move will be delayed until September at the earliest and it is highly likely that the chain will fall apart due to this.


    Does anyone know if it is at all possible to expedite this with Land Registry? It is imposing so much stress on our family, due to the uncertainty involved and the possibility that the whole thing is going to fall apart.


    Many thanks in advance.
  • Land Registry
    Hi there

    I am really hoping for some advice. We were due to exchange contracts and move house 4 days before Christmas (having agreed a sale at the start of August) but unfortunately have been advised that we are waiting on Land Registry to register a charge and this could take 3 months - possibly longer.

    Essentially our buyers discovered that evidence was required to demonstrate that the mortgage relating to the previous occupiers of their house (bear with me) had been settled. It has and they have confirmation of this from the bank. This has now gone to Land Registry but we have been advised that this will take 3 months + to resolve.

    We are in complete disarray, having sold most things in preparation for moving prior to Christmas, which was always the date proposed. All of our belongings (including those of our 2 small children)were completely packed and put into storage in preparation so living in limbo.

    To make matters more stressful we have just been advised that the developer that we are buying from have a quota, in terms of the number of people that they are permitted to move in prior to completing road improvement works. It is likely that we are going to fall outside of the quota if this issue isn't resolved imminently, as there are others in a position to move. If this occurs then any move will be delayed until September at the earliest and it is highly likely that the chain will fall apart due to this.

    Does anyone know if it is at all possible to expedite this with Land Registry? It is imposing so much stress on our family, due to the uncertainty involved and the possibility that the whole thing is going to fall apart.

    Many thanks in advance.
    Originally posted by Lilyburton
    I am sorry to read of the difficulties you are facing and the stress felt.

    You refer to registering a charge initially but then refer to a discharge on another property so I am unsure what the delay relates to.

    Either way if there is a delay then that delay is usually due to a backlog of work. We do have a means whereby the lodging solicitor can ask us to expedite their application and supply documentary evidence that the delay is causing hardship or an onward sale/purchase as appears to be the case here.

    If you can give me the title number of the delayed application I can try and clarify where the issue lies.

    If you do not have that then please contact the solicitor involved and ask them to ask us to expedite their application as described.
    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"
    • Lilyburton
    • By Lilyburton 8th Jan 19, 4:10 PM
    • 4 Posts
    • 0 Thanks
    Lilyburton
    Hi there, many thanks for your help - do you have a private email address that I can submit the case ref to please?


    I am sorry to read of the difficulties you are facing and the stress felt.

    You refer to registering a charge initially but then refer to a discharge on another property so I am unsure what the delay relates to.

    Either way if there is a delay then that delay is usually due to a backlog of work. We do have a means whereby the lodging solicitor can ask us to expedite their application and supply documentary evidence that the delay is causing hardship or an onward sale/purchase as appears to be the case here.

    If you can give me the title number of the delayed application I can try and clarify where the issue lies.

    If you do not have that then please contact the solicitor involved and ask them to ask us to expedite their application as described.
    Originally posted by Land Registry
    • Lilyburton
    • By Lilyburton 9th Jan 19, 2:31 PM
    • 4 Posts
    • 0 Thanks
    Lilyburton
    Hi there


    Further to my question yesterday, we have just been told by our developer that if we don't receive confirmation that our case is expedited by Land Registry in the next week the house that we our buying (that we agreed to buy 6 months ago) will be remarketed, which will result in us losing the property and the collapse of the entire chain.


    Please can someone help as this is causing so much distress?


    Many thanks


    I am sorry to read of the difficulties you are facing and the stress felt.

    You refer to registering a charge initially but then refer to a discharge on another property so I am unsure what the delay relates to.

    Either way if there is a delay then that delay is usually due to a backlog of work. We do have a means whereby the lodging solicitor can ask us to expedite their application and supply documentary evidence that the delay is causing hardship or an onward sale/purchase as appears to be the case here.

    If you can give me the title number of the delayed application I can try and clarify where the issue lies.

    If you do not have that then please contact the solicitor involved and ask them to ask us to expedite their application as described.
    Originally posted by Land Registry
    • Lilyburton
    • By Lilyburton 9th Jan 19, 2:41 PM
    • 4 Posts
    • 0 Thanks
    Lilyburton
    Hi there


    Further to my question yesterday, we have just been told by our developer that if we don't receive confirmation that our case is expedited by Land Registry in the next week the house that we our buying (that we agreed to buy 6 months ago) will be remarketed, which will result in us losing the property and the collapse of the entire chain.


    Please can someone help as this is causing so much distress?


    Many thanks
    • Slithery
    • By Slithery 9th Jan 19, 4:35 PM
    • 1,346 Posts
    • 2,089 Thanks
    Slithery
    Have you posted your reference number yet so LR can look into it?
    • wesley.pearce
    • By wesley.pearce 9th Jan 19, 4:58 PM
    • 1 Posts
    • 0 Thanks
    wesley.pearce
    Purchasing Unregistered Property - Boundary Issues
    Hi there,

    We're in the middle of purchasing a property which we understand is unregistered. We've been sent a copy of the underlease, but the boundary outlined doesn't seem to match any physical marker in the property - there seems to be a large strip of land at the back of the garden, which no-one else has access to apart from us, but isn't included in the boundary? At the very back of this is a fence, which borders the whole road.

    As part of the first registration, will the Land Registry re-look at the boundary in person, and is it likely that that piece of land would be included? Can boundaries be changed?

    Looking forward to hearing your thoughts!
    • G_M
    • By G_M 9th Jan 19, 5:30 PM
    • 47,415 Posts
    • 57,868 Thanks
    G_M
    Hi there,

    We're in the middle of purchasing a property which we understand is unregistered. We've been sent a copy of the underlease, but the boundary outlined doesn't seem to match any physical marker in the property - there seems to be a large strip of land at the back of the garden, which no-one else has access to apart from us, but isn't included in the boundary? At the very back of this is a fence, which borders the whole road.

    As part of the first registration, will the Land Registry re-look at the boundary in person, and is it likely that that piece of land would be included? Can boundaries be changed?

    Looking forward to hearing your thoughts!
    Originally posted by wesley.pearce
    Are you doing the conveyancing yourself? If yes, clearly you should not be, especially as this is a first registration.

    If not, simply point out to your solicitor the discrepancy between the physical boundary and the boundary marked on the Plan . That's his job.
    • JWri
    • By JWri 9th Jan 19, 11:14 PM
    • 3 Posts
    • 1 Thanks
    JWri
    Land Registry Master Title Application on New Build Property

    Hi Land Registry
    Am hoping that someone may be able to clarify the position with regards to the process and time involved when the Seller's solicitor makes application to register the Master Title with HM Land Registry please.
    Due to the Christmas/New Year break, the Seller's solicitor has literally just posted out the Application. This is the only thing which is holding up completion of the sale and I have already withdrawn my notice to vacate my rental property once.
    I have been led to believe, by the Developers/Sellers, that as it can take up to 6 month to complete Master Title registration with the LR, it is not unusual (for new build properties) to proceed to completion using the allocated title number once the application has been submitted, rather than when the application is completed . Is this correct?
    My Conveyancer has told me that they "are not content to proceed without the master title having been registered. If we were to complete and there were then any issues with the registration, you will have paid the purchase price and we would then be unable to complete the registration."
    I respect that they are looking after my interests, I would not expect any less, but are they being intransigent, or am I simply missing the point and they should be able to push for completion whilst waiting for Master Title registration?
    Sorry if I am confused, but just looking for advice from those in the know. Many thanks indeed for your help. My Landlord is pushing me to give a definitive date for leaving the rental property, and have already had 2 x viewings this week. Additionally my mortgage offer will expire early March.
  • Land Registry
    Hi there,

    We're in the middle of purchasing a property which we understand is unregistered. We've been sent a copy of the underlease, but the boundary outlined doesn't seem to match any physical marker in the property - there seems to be a large strip of land at the back of the garden, which no-one else has access to apart from us, but isn't included in the boundary? At the very back of this is a fence, which borders the whole road.

    As part of the first registration, will the Land Registry re-look at the boundary in person, and is it likely that that piece of land would be included? Can boundaries be changed?

    Looking forward to hearing your thoughts!
    Originally posted by wesley.pearce
    If the deeds are submitted then we will rely in those as proof if ownership. If the application is to register 'extra land' then we may exclude it or query it with the applicant depending on circumstances

    If they claimed ownership then that would trigger a site visit if the claim stacked up

    First rule of conveyancing where there is a mismatch re deeds and boundaries is to query what's what with seller. Without their answers you really don't know what questions to ask at this stage. The devil is always in the detail.

    Only caveat I have re the above is that you refer to an 'underlease' and 'first registration' so what's actually being sold and then registered for the first time? And who has the freehold/head lease and are they registered. Plenty to ponder it seems and not just the boundary
    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"
    • shortyk
    • By shortyk 10th Jan 19, 11:28 AM
    • 1 Posts
    • 0 Thanks
    shortyk
    Hi,

    We put an offer in on a property last May. As the property was not registered with the Land Registry we had to wait for the first registration to be completed before the sale went forward (we will have a mortgage) which, even though was expedited, did not come through till very late November.

    We noticed on the plans that the patio was not included, to cut a long story short - our conveyencer has now agreed with the sellor's solicitor that before the sale goes ahead that the sellor apply for ownership via adverse possession (the land is unregistered) with the land registry. The sellor has lived there for 30 years and has gained statements from the previous owners and a neighbor.

    We are wondering on average how long these applications are currently taking? (I appreciate there will be individual variations accourding to each case). We are now in our eighth month and are moving to a new area for jobs etc and it is becoming extremely stressful. We understand the sellor is applying for expedition.

    Thanks in advance.
    • tomyeah
    • By tomyeah 10th Jan 19, 5:31 PM
    • 3 Posts
    • 0 Thanks
    tomyeah
    That all depends on what has been submitted and what is being rectified. If they have applied to register a Transfer of an already registered title from the Council to your seller then that should not take too long and should not need expediting.

    Of it is something more complex and expedition is approved then it should be considered within 10 working days of it's expedition. Everything then depends on it's being on order.

    You'll need to confirm the exact details with your solicitor/the seller to understand possible timeframes as nothing you have posted here is specific enough to provide anything other than a general response. They should have that level of detail though and be able to share it.
    Originally posted by Land Registry
    Hi, I've had a reply from our sellers solicitor with a bit more information (I don't think what I initially stated was correct, sorry!)

    Further to our conversation this afternoon, I confirm that we have applied to the Land Registry to register our clients’ (the Seller) title.

    This is not normally necessary, as a property can be sold as unregistered land. However, the Land Registry have erroneously included our clients’ freehold title in a registered title of land that the council own. The Land Registry have advised that they are aware of such errors being made and if we apply to register our clients’ title then they will rectify the issue. We have provided written confirmation from the council that they will not object to our application, as they acknowledge the error made.

    I will advise further, once I hear from the Land Registry.


    Do you know how long something like this will take to rectify? I believe it was requested before the Christmas break and asked to be expedited.
  • Land Registry
    Land Registry Master Title Application on New Build Property

    Hi Land Registry
    Am hoping that someone may be able to clarify the position with regards to the process and time involved when the Seller's solicitor makes application to register the Master Title with HM Land Registry please.
    Due to the Christmas/New Year break, the Seller's solicitor has literally just posted out the Application. This is the only thing which is holding up completion of the sale and I have already withdrawn my notice to vacate my rental property once.
    I have been led to believe, by the Developers/Sellers, that as it can take up to 6 month to complete Master Title registration with the LR, it is not unusual (for new build properties) to proceed to completion using the allocated title number once the application has been submitted, rather than when the application is completed . Is this correct?
    My Conveyancer has told me that they "are not content to proceed without the master title having been registered. If we were to complete and there were then any issues with the registration, you will have paid the purchase price and we would then be unable to complete the registration."
    I respect that they are looking after my interests, I would not expect any less, but are they being intransigent, or am I simply missing the point and they should be able to push for completion whilst waiting for Master Title registration?
    Sorry if I am confused, but just looking for advice from those in the know. Many thanks indeed for your help. My Landlord is pushing me to give a definitive date for leaving the rental property, and have already had 2 x viewings this week. Additionally my mortgage offer will expire early March.
    Originally posted by JWri
    Very much up to you and your conveyancer to decide when you proceeed/complete. In my experience it is often your lender who ultimately influences/decides though but something to confirm with your conveyancer.

    Again in my experience completion can occur in such circumstances but it's the detail that counts so there is no generic right/wrong scenario.

    Where there is an urgency associated with an application the lodging conveyancer can ask us to expedite it. In thus case that's not your conveyancer so it may be harder to achieve but worth asking.

    6 months appears to be a common timescale quoted by conveyancers in light of the backlog of work we have. That seems a tad pessimistic but I imagine they are combining other conveyancing timescales in that calculation. The bottom line though is that without expedition it is likely that it will take longer than you want it to.
    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, I've had a reply from our sellers solicitor with a bit more information (I don't think what I initially stated was correct, sorry!)

    Further to our conversation this afternoon, I confirm that we have applied to the Land Registry to register our clients’ (the Seller) title.

    This is not normally necessary, as a property can be sold as unregistered land. However, the Land Registry have erroneously included our clients’ freehold title in a registered title of land that the council own. The Land Registry have advised that they are aware of such errors being made and if we apply to register our clients’ title then they will rectify the issue. We have provided written confirmation from the council that they will not object to our application, as they acknowledge the error made.

    I will advise further, once I hear from the Land Registry.


    Do you know how long something like this will take to rectify? I believe it was requested before the Christmas break and asked to be expedited.
    Originally posted by tomyeah
    If it's as clear cut as they state then hopefully not too long, perhaps 2/3 weeks IF everything goes as expected. If we have to do a site visit then that can add a delay. And it's possible we may also write to the Council to confirm.

    Do you know the title numbers 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
    Hi,

    We put an offer in on a property last May. As the property was not registered with the Land Registry we had to wait for the first registration to be completed before the sale went forward (we will have a mortgage) which, even though was expedited, did not come through till very late November.

    We noticed on the plans that the patio was not included, to cut a long story short - our conveyencer has now agreed with the sellor's solicitor that before the sale goes ahead that the sellor apply for ownership via adverse possession (the land is unregistered) with the land registry. The sellor has lived there for 30 years and has gained statements from the previous owners and a neighbor.

    We are wondering on average how long these applications are currently taking? (I appreciate there will be individual variations accourding to each case). We are now in our eighth month and are moving to a new area for jobs etc and it is becoming extremely stressful. We understand the sellor is applying for expedition.

    Thanks in advance.
    Originally posted by shortyk
    IF expedition happens then it should be considered with 2 weeks. If it's unregistered and the claim is in order then we are likely to require a site visit/survey which can add another 2 weeks

    The devil will be in the detail though so without knowing those it's impossible to give an accurate timescale
    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"
    • JWri
    • By JWri 11th Jan 19, 11:56 AM
    • 3 Posts
    • 1 Thanks
    JWri
    Thank you Land Registry for your response. It is much appreciated. I think that it is best I ask the Seller if their solicitor would consider the option to expedite. It is worth a try anyway!
  • Land Registry
    Hi there, many thanks for your help - do you have a private email address that I can submit the case ref to please?
    Originally posted by Lilyburton
    You can use customer.service@landregistry.gov.uk and please refer to MSE and your user name in the content
    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"
    • SH Oxfordshire
    • By SH Oxfordshire 13th Jan 19, 7:52 PM
    • 2 Posts
    • 0 Thanks
    SH Oxfordshire
    No disposition Restriction - Will with named beneficiaries in place but no Trustee set up
    If:
    1. according to Land Registry document - now in the name of a single proprietor but there is a Restriction in place under Section B indicating a Tenants in Common ownership and
    2. there is a will for the deceased that 'wills' their share of the property to others
    3. But there is no Trustee appointed
    Note: Two Executrices were appointed (one the other Tenant in Common)and Probate granted -

    Questions:
    a. What is the legal standing?
    b. Are the two Executrices the Trustees?
    c. Do points 1&2 still apply with the need to appoint a Trustee and if so, can a Trustee be appointed?
    d. Do points 1& 2 not apply as there is no Trustee in place


    Thanks for all and any advice
  • Land Registry
    If:
    1. according to Land Registry document - now in the name of a single proprietor but there is a Restriction in place under Section B indicating a Tenants in Common ownership and
    2. there is a will for the deceased that 'wills' their share of the property to others
    3. But there is no Trustee appointed
    Note: Two Executrices were appointed (one the other Tenant in Common)and Probate granted -

    Questions:
    a. What is the legal standing?
    b. Are the two Executrices the Trustees?
    c. Do points 1&2 still apply with the need to appoint a Trustee and if so, can a Trustee be appointed?
    d. Do points 1& 2 not apply as there is no Trustee in place


    Thanks for all and any advice
    Originally posted by SH Oxfordshire
    We cant give you legal advice so if others don't post replies then you may wish to create own thread on wider forum

    From a purely registration perspective the legal ownership has passed to the surviving owner but the form A restriction, I assume that is the one you mean here, can restrict he/she IF selling/mortgaging for example, namely if capital monies are involved.

    If he/she sells then someone else needs to be appointed to act with them to take receipt of those monies. It does not have to be a fellow executor, trustee or relative - it can be anyone

    The form A restriction is not definitive as to their being TIC but is often seen as such.
    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"
    • tomyeah
    • By tomyeah 14th Jan 19, 7:54 PM
    • 3 Posts
    • 0 Thanks
    tomyeah
    If it's as clear cut as they state then hopefully not too long, perhaps 2/3 weeks IF everything goes as expected. If we have to do a site visit then that can add a delay. And it's possible we may also write to the Council to confirm.

    Do you know the title numbers involved?
    Originally posted by Land Registry
    I asked the solicitors and they replied with this:

    We are waiting on registration so there is no title number as this is what we are waiting for. The freehold number though is EX 982823. This may help but may not apply. The land number is EX770649.

    Does that help with potential timeframes at all?

    Thanks in advance!
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