Deed of Variation.........how long?

Coldred · 16 August 2017 at 1:56PM

Hello

We have a deed of variation that myself and siblings have signed and returned it today to the solicitor, can someone advise how long it will take them to register it with the land registry (how long do the LR take to deal with the paperwork?) and how long it will take for our names to appear on the property?

Thanks

hazyjo · 16 August 2017 at 2:02PM

Added 2-3 months to my previous purchase (due in part to some faffing around with an attempted indemnity policy).

See that piece of string there...

There's usually a Land Registry bod who pretty much says the same thing 'it can take a while'. Not a particularly quick process usually.

Land_Registry · 16 August 2017 at 5:29PM

What is it that you are varying?

ThePants999 · 16 August 2017 at 5:57PM

I've normally heard "deed of variation" used with respect to a will, where the beneficiaries of a will jointly agree to do something different to what the will says - e.g. the will says "sell the house and split the money", but the beneficiaries agree that one of them will pay the other half the value and keep the house. So I'm guessing the OP has just done something like that and is wondering how long it will now take for the house to be transferred into their names.

da_rule · 16 August 2017 at 6:15PM

The time also depends on what you're varying and whether the property is freehold or leasehold.

If you're just varying a general term in the transfer/lease then it can be relatively quick providing all of the relevant parties have signed the deed etc.

If you are looking to vary the size of the property (or the term in the case of a lease), then it can take longer as it can have a wider impact on the title.

It can also complicate matters if there are charges (mortgages etc) on the title.

G_M · 16 August 2017 at 7:13PM

Depends

a) what you are varying (se the LR rep's Q above!), and

b) whether the Deed and other paperwork is correctly drawn up and submitted, and

c) which LR office it is submitted to, and

d) how busy that particular office is

Land_Registry · 17 August 2017 at 6:32AM

G_M wrote: »

c) which LR office it is submitted to

Applications are submitted to a central address and enter a work Q now. The timescale involved is more to do with what the application is for so....

like ThePants99 says such variations involving siblings tend to relate to wills. The variation wouldn't be made with us though but the next stage re transferring the property would. If that's transferring the whole of a registered title then the current average is 7 working days.

If it's unregistered then stretch that to an average of 67 working days

If it's a variation if a lease then 7 days again if a simple variation. Or 57 if varying the extent or length of term.

These are all average timescales though so the length if string and detail is important if OP wants to get a better idea of how long it's likely to take

axlajmal · 12 January 2018 at 10:15AM

Hi,
I am selling my flat, as part of the deal I agreed to extend the lease to 999 years. My solicitors have just applied to the Land Registry today to extend the lease. My question is how long does this typically take and can the solicitor expedite the process in any way?

Thanks

Alex

3mph · 12 January 2018 at 12:07PM

It took the LR 3 months to act on a D of V to change a lease from 125 to 250 years once they had the correct paperwork. I rang them and was told they do not usually look at it until the 67 working day deadline is up and low and behold that is exactly what happened with us. Ditto having our purchase of the now extended lease.

They are very helpful but unfortunately they seem to have calendars marked out in months and not days.

PS this is a flat that was built and registered in 2005 with 125 yr lease, which got changed to 250yrs in 2008 but our sellers hadn't bother doing a DoV so we had to get them to do it first before we could buy. So it was a registered lease.

3mph · 12 January 2018 at 1:30PM

Alex - because we were told there was long delays with the LR my solicitor got the sellers solicitor to do a deed of undertaking (I think it was) which meant that the sellers solicitor would ensure that the D o V to extend the lease was done. This meant that we could exchange and complete months before the D o V was completed.

Given the likely delays and the fact we would not exchange until sorted this was a really good way of us completing the purchase. Otherwise the idea of waiting for 3 months for the LR and then exchange was too risky.

We are in Wales (Swansea area) don't know if other parts of the LR are as slow.

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Deed of Variation.........how long?

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