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    • KAT85
    • By KAT85 15th May 19, 8:46 AM
    • 4 Posts
    • 0 Thanks
    KAT85
    Deed of Variation Registration with Land Registry
    Thank you for your quick reply Land Registry!

    The Deed of Variation is for the Variation of the Lease as below;

    3. VARIATION OF THE LEASE
    3.1 Variation
    The following amendment should be and is hereby made to the Lease and such amendment together with the Lease shall at all times be read and construed as if the following Clause is inserted into the Lease under Schedule 4 Part 1
    “5. For the purposes of this Clause the expression “any mortgagee” shall be limited to the proprietors of any mortgage charges that may for the time being be registered as a first
    legal charge at HM Land Registry against the Lessee’s leasehold title. The Landlord shall:
    (a) serve on any mortgagee a copy of any notice which is a statutory condition precedent to the bringing of any claim for possession of the property under Section 8 of the Housing Act 1988 (or any replacement or re-enactment thereof)
    (b) give any mortgagee not less than 14 days prior notice before commencing any claim for possession of the property
    (c) serve on any mortgagee a copy of any claims for possession of the property that the Landlord may issue in the Civil Courts regardless of whether doing so is required by rules of the court; and
    (d) accept payment of ground rent from the mortgagee if offered on behalf of the Lessee’

    Our solicitors have agreed to an undertaking that the Deed will be registered post exchange once signed by all parties. We are just waiting for the Freeholder to sign and then as far as I am aware it will be registered. Assuming it will need to be registered prior to completion is this likely to be the 2/3 week timescale you have suggested as long as our solicitor requests for it to be expedited. We will need to complete on our purchase in 5 weeks so are running out of time! Thank you very much for your help.
    • KAT85
    • By KAT85 15th May 19, 8:54 AM
    • 4 Posts
    • 0 Thanks
    KAT85
    Thank you for your quick reply Land Registry!

    The Deed of Variation is for the Variation of the Lease as below;

    3. VARIATION OF THE LEASE
    3.1 Variation
    The following amendment should be and is hereby made to the Lease and such amendment together with the Lease shall at all times be read and construed as if the following Clause is inserted into the Lease under Schedule 4 Part 1
    “5. For the purposes of this Clause the expression “any mortgagee” shall be limited to the proprietors of any mortgage charges that may for the time being be registered as a first
    legal charge at HM Land Registry against the Lessee’s leasehold title. The Landlord shall:
    (a) serve on any mortgagee a copy of any notice which is a statutory condition precedent to the bringing of any claim for possession of the property under Section 8 of the Housing Act 1988 (or any replacement or re-enactment thereof)
    (b) give any mortgagee not less than 14 days prior notice before commencing any claim for possession of the property
    (c) serve on any mortgagee a copy of any claims for possession of the property that the Landlord may issue in the Civil Courts regardless of whether doing so is required by rules of the court; and
    (d) accept payment of ground rent from the mortgagee if offered on behalf of the Lessee’

    Our solicitors have agreed to an undertaking that the Deed will be registered post exchange once signed by all parties. We are just waiting for the Freeholder to sign and then as far as I am aware it will be registered. Assuming it will need to be registered prior to completion is this likely to be the 2/3 week timescale you have suggested as long as our solicitor requests for it to be expedited. We will need to complete on our purchase in 5 weeks so are running out of time! Thank you very much for your help.
  • Land Registry
    I have just done a search using "index map", and the box where you click either "tenure freehold" or "tenure leasehold" is showing an error on freehold, but all the charges for information on leasehold.
    Does this definitely show that the property is leasehold, because the relative was certain they were buying a freehold property?
    Originally posted by andygb
    Impossible to advise on specifics here so please use the contact form to submit the enquiry so we can look at the actual details on record.

    A search of the index map is a postal application so I'm unsure how you could have just done one?
    If the leasehold is registered but the freehold is not then that is something to raise with the seller to clarify/confirm and provide the evidence of title/ownership
    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
    Thank you for your quick reply Land Registry!

    The Deed of Variation is for the Variation of the Lease as below;

    3. VARIATION OF THE LEASE
    3.1 Variation
    The following amendment should be and is hereby made to the Lease and such amendment together with the Lease shall at all times be read and construed as if the following Clause is inserted into the Lease under Schedule 4 Part 1
    “5. For the purposes of this Clause the expression “any mortgagee” shall be limited to the proprietors of any mortgage charges that may for the time being be registered as a first
    legal charge at HM Land Registry against the Lessee’s leasehold title. The Landlord shall:
    (a) serve on any mortgagee a copy of any notice which is a statutory condition precedent to the bringing of any claim for possession of the property under Section 8 of the Housing Act 1988 (or any replacement or re-enactment thereof)
    (b) give any mortgagee not less than 14 days prior notice before commencing any claim for possession of the property
    (c) serve on any mortgagee a copy of any claims for possession of the property that the Landlord may issue in the Civil Courts regardless of whether doing so is required by rules of the court; and
    (d) accept payment of ground rent from the mortgagee if offered on behalf of the Lessee’

    Our solicitors have agreed to an undertaking that the Deed will be registered post exchange once signed by all parties. We are just waiting for the Freeholder to sign and then as far as I am aware it will be registered. Assuming it will need to be registered prior to completion is this likely to be the 2/3 week timescale you have suggested as long as our solicitor requests for it to be expedited. We will need to complete on our purchase in 5 weeks so are running out of time! Thank you very much for your help.
    Originally posted by KAT85
    It's not extending the term (years) or varying the extent so I would expect it to fall into the 2/3 weeks category.
    The average timescale is 9 working days but that is across a very wide range of applications, hence the 2/3 week reference.

    So the key now is the freeholder's signature and then lodgement. Once that's done the registration clock can start ticking
    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"
    • andygb
    • By andygb 15th May 19, 11:03 AM
    • 12,966 Posts
    • 29,179 Thanks
    andygb
    Impossible to advise on specifics here so please use the contact form to submit the enquiry so we can look at the actual details on record.

    A search of the index map is a postal application so I'm unsure how you could have just done one?
    If the leasehold is registered but the freehold is not then that is something to raise with the seller to clarify/confirm and provide the evidence of title/ownership
    Originally posted by Land Registry

    Ah, so I haven't done a proper search.
    I clicked on the blue link in your post - search the index map - then clicked on - search of the register - which took me to - search for property information - then clicked on - green start now tab - which took me to - find a property - and I put in the house number and postcode.
    If I put in my own postcode, it comes up with Freehold which is correct, and gives me the option of buying property documents - register, plan etc.
    When I put in my relative's property details, it shows two boxes - tenure leasehold and tenure freehold.
    If I click on leasehold it gives options to purchase documents, but if I click on freehold it simply says error.
    • Knitty_to_the_gritty
    • By Knitty_to_the_gritty 15th May 19, 11:05 AM
    • 2 Posts
    • 0 Thanks
    Knitty_to_the_gritty
    Hi again, has there been any action on the below (ON37123)?
    Many thanks

    Nothing received against that title number as yet so I assume you have only just submitted it and it has yet to appear in our systems.

    If you submitted it last week then it may be worth checking to see whether the registration fee has been cleared by your bank.

    Once received the average wit time between receipt and consideration is 9 working days. Timescales after that can vary depending on whether it is in order and/ir whether wider checks are required
    Originally posted by Land Registry
    • JJA80
    • By JJA80 15th May 19, 1:40 PM
    • 29 Posts
    • 4 Thanks
    JJA80
    Land Registry, Adverse Possession
    JJA80. I did contact Highways and they were very helpful. They have replied to you today but said I had to contact you for the details. Hopefully they have now been able to withdraw their objection. Are you able to give me that information? If they have withdrawn their objection how long will it be before you can give me your decision on approval?
    • bluescricket
    • By bluescricket 15th May 19, 6:44 PM
    • 1 Posts
    • 0 Thanks
    bluescricket
    Property alert - trust dispute
    Hi,

    My wife and I are the registered proprietors of a property and are holding it in trust for a group of beneficiaries under a Will trust. There is currently an ongoing legal dispute about the details of the trust and we have just received a Property Alert that an application has been made against the property. How can we ensure that this application is not processed while the dispute is ongoing? The application may have included supporting evidence but we would dispute the legitimacy of this. The title number is SK113725.

    Thanks
    Last edited by bluescricket; 15-05-2019 at 6:49 PM. Reason: Added title number for reference
  • Land Registry
    Ah, so I haven't done a proper search.
    I clicked on the blue link in your post - search the index map - then clicked on - search of the register - which took me to - search for property information - then clicked on - green start now tab - which took me to - find a property - and I put in the house number and postcode.
    If I put in my own postcode, it comes up with Freehold which is correct, and gives me the option of buying property documents - register, plan etc.
    When I put in my relative's property details, it shows two boxes - tenure leasehold and tenure freehold.
    If I click on leasehold it gives options to purchase documents, but if I click on freehold it simply says error.
    Originally posted by andygb
    If you got an error message then that reads like an IT/system failure rather than a lack if actual information

    You'll need to submit the specific details using the contact form so someone can take a look at the specifics and advise
    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,

    My wife and I are the registered proprietors of a property and are holding it in trust for a group of beneficiaries under a Will trust. There is currently an ongoing legal dispute about the details of the trust and we have just received a Property Alert that an application has been made against the property. How can we ensure that this application is not processed while the dispute is ongoing? The application may have included supporting evidence but we would dispute the legitimacy of this. The title number is SK113725.

    Thanks
    Originally posted by bluescricket
    If you wish to check/confirm the details of the application then you can submit an OS3 (non priority) search. That will confirm the nature of the application for you and reaffirm who has submitted it
    The alternative is to contact the solicitors who have submitted the application

    If you wish to contact us re any concerns you may have then you can use our online contact form
    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 again, has there been any action on the below (ON37123)?
    Many thanks
    Originally posted by Knitty_to_the_gritty
    No application to update the register as yet
    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
    JJA80. I did contact Highways and they were very helpful. They have replied to you today but said I had to contact you for the details. Hopefully they have now been able to withdraw their objection. Are you able to give me that information? If they have withdrawn their objection how long will it be before you can give me your decision on approval?
    Originally posted by JJA80
    If they have written to us then it has yet to be scanned and added to the application.
    Once it has been scanned and added the application will be referred back to the caseworker to consider/action as appropriate. As it's already expedited then that should happen fairly quickly and if the objection has been withdrawn the application completed.
    I am keeping an eye on the title TT93123 so will post again when I have an update
    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"
    • gl1383
    • By gl1383 16th May 19, 1:12 PM
    • 4 Posts
    • 0 Thanks
    gl1383
    A restriction can be cancelled (vendor) or withdrawn (restrictioner) and we often have to make wider checks to ensure that the restrictioner is happy for removal/application is genuine. Those checks can take a few weeks to complete as they are time sensitive

    Happy to check if you have the title number?
    Originally posted by Land Registry
    Hi Land Registry,

    Have you been able to look into this? We had an update yesterday saying once a copy of the will from the vendor's solicitor was received (which was sent yesterday) then the application should be completed same day.

    The title number is SY188932 for 25 Bradstock Road, Epsom, KT17 2LD.

    Thank you!
    • Tigertailor
    • By Tigertailor 16th May 19, 3:25 PM
    • 20 Posts
    • 13 Thanks
    Tigertailor
    Hi LR,

    We are purchasing a property with an unregistered piece of land in the middle of the garden. It has no title at LR.

    There is no way to access that piece if land/garden except across the property.
    There are two declarations from previous owners declaring sole use and care of land for approx 30 years.

    Would there be any reason for the application to register being refused?
    • Timotei75
    • By Timotei75 16th May 19, 7:02 PM
    • 5 Posts
    • 1 Thanks
    Timotei75
    Lifting a covenant
    Hi, not sure if you are able to help?

    I’m in the process of selling a house and there is an issue further down the chain regarding a covenant on a piece of woodland that is being sold with the residence.

    The covenant apparently restricts building on the site and the lender wants it lifted. I have been told that we are waiting for a copy of the will but once sent along with the application from, it will take 48 hours for LR to action this. My question is whether that time scale is correct.

    Many thanks.
  • Land Registry
    Hi LR,

    We are purchasing a property with an unregistered piece of land in the middle of the garden. It has no title at LR.

    There is no way to access that piece if land/garden except across the property.
    There are two declarations from previous owners declaring sole use and care of land for approx 30 years.

    Would there be any reason for the application to register being refused?
    Originally posted by Tigertailor
    Probably not if their claim is legally valid. We won't decide until the application is made and we've looked at the 'facts'
    Biggest Q after that is why was there an island site of unregistered land for this long. But that woukd all be part of our considerations
    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, not sure if you are able to help?

    I’m in the process of selling a house and there is an issue further down the chain regarding a covenant on a piece of woodland that is being sold with the residence.

    The covenant apparently restricts building on the site and the lender wants it lifted. I have been told that we are waiting for a copy of the will but once sent along with the application from, it will take 48 hours for LR to action this. My question is whether that time scale is correct.

    Many thanks.
    Originally posted by Timotei75
    If I have read it right no application has been made yet. If so then 48hrs is very unlikely

    Complete removal if a restrictive covenant is very rare, but possible. So such applications often have to be considered by more than one official. Timescales most likely will be a few weeks rather than 2 days.
    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"
    • Tigertailor
    • By Tigertailor 17th May 19, 8:21 AM
    • 20 Posts
    • 13 Thanks
    Tigertailor
    Probably not if their claim is legally valid. We won't decide until the application is made and we've looked at the 'facts'
    Biggest Q after that is why was there an island site of unregistered land for this long. But that woukd all be part of our considerations
    Just to clarify, the one side of the piece of land is bordered by river the other three sides all accessed via the property only.

    It appears that the when the seller bought, the value was so low as to not be concerned as was just a normal piece of the garden and may subsequently apply for adverse possession when they chose at a later date.
    They had no intentions of selling but their circumstances changed.
    The property has been refurbished now and now considerable worth more.
    It is a very old property dating back to 1800.
    Accompanying the sale is two declarations dating back nearly 30 years.

    Form what I can gather, due to its position, nobody has bothered to claim!

    What would constitute a legal claim? Or illegal claim?
  • Land Registry
    Hi Land Registry,

    Have you been able to look into this? We had an update yesterday saying once a copy of the will from the vendor's solicitor was received (which was sent yesterday) then the application should be completed same day.

    The title number is SY188932 for 25 Bradstock Road, Epsom, KT17 2LD.

    Thank you!
    Originally posted by gl1383
    I can confirm that the will document was received, but once considered further points arose which need to be addressed by the solicitor acting. We raised that further query with the solicitors on 16 May and are awaiting their reply.
    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"
    • gl1383
    • By gl1383 17th May 19, 12:36 PM
    • 4 Posts
    • 0 Thanks
    gl1383
    I can confirm that the will document was received, but once considered further points arose which need to be addressed by the solicitor acting. We raised that further query with the solicitors on 16 May and are awaiting their reply.
    Originally posted by Land Registry
    Hi, thank you for the update.
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