I previously wrote about how HM Land Registry doesn't hold traditional paper title deeds. When someone registers their property with us for the first time, we create a "title register" that becomes the legal record of who owns it.
Many of these title registers are residential properties, but we also have title registers of churches, railways, farmland, disused nuclear bunkers, playing fields, foreshore, and some parts of the seabed. We recently created our 25 millionth title register, an electricity substation in Gateshead.
When my sister-in-law was considering buying a house, she asked how she could find out more about the property. I told her that for £3, she could look at a title register for any registered property in England and Wales.
She took my advice, bought a copy of the title register, read it, and then asked me what it all meant!
I was a bit fuzzy on some of the details, so I checked with some seasoned land registration experts here, and this is what I found out.
Most title registers are split into three parts; the A, B, and C registers. Below, I’ve listed the types of information you may find in each part; though the detail will vary for every property.
A: property register
This gives:
- a description of the property;
- the date the property was first registered; and
- any rights it may benefit from, such as a private right of way.
If the property is leasehold, the register may also show details of the lease, such as the date, the parties and its length.
B: proprietorship register
This shows:
- the name and address of the current owner
- when they bought the property
- how much they paid for it (if sold since 1 April 2000)
- any restrictions that limit the power of the owner, for example, to stop them securing a loan without their mortgage lender's consent
- the class of the title, such as an "absolute title" or "possessory title", which reflects our level of guarantee (based on the strength of evidence we’ve been given)
C: charges register
Information in the charges register may include:
- mortgages or other financial burdens secured on the property (though this won’t show the amount of money involved)
- other rights or interests that limit how the land or property can be used, such as leases, rights of way, or covenants
Get more information
If you're curious to see what information we hold about a property, whether it's a cottage or a castle, a good way to start is to buy a title register for £3.
If you need to prove ownership for legal reasons, apply for an official copy of the register.
To see the local land charges on a property, such as a tree preservation order, conservation area, or listed status of a building, you’ll need to contact the relevant local authority. We’re currently working with English local authorities to migrate their local land charge records to a new central digital register so that in the future, you'll be able to see all this information in one place.
Read our general guide on how to get information about property and land.
165 comments
Comment by Russell Davidson posted on
Given most leases of commercial sites granted in this country are below 7 years - in fact between 4 and 5, the Register is now far from comprehensive. The current requirement to register only leases of 7 years or more means the information on the Land Register is now way out of date as a true indicator of the market.
Comment by Frank Ramsay posted on
Thanks for your comment, Russell, which you also raised on a previous blog.
My colleague pointed out the legislative restrictions to us registering shorter leases, and that this is unlikely to change (as detailed in the Law Commission's consultation summary).
Comment by Margaret Ita McDonnell (Mrs) posted on
Absolutely useful and illuminating. I acquired a small but useful space by adverse possession after a court case and was given the space by the Judge. I was so pleased I didn't realise I needed to register it. I have tried to trace the Judgement which was issued in the old Central London County Court, who are now on the Law Courts site in the Strand, tell me that don't keep records which I find extraordinary. Anyway, onwards and upwards!
Comment by Satish Kabra posted on
Must have a logging record of viewers for each individuals search.
so that rightful owner knows who is spying on their assets.
Or have a permission from the owner.
Comment by Alison Mouser posted on
No, it's an open register. Anyone can look and obtain copies. There is no requirement to inform the land owner or obtain their prior consent
Comment by David Miller posted on
I'd like to see the land registry needs devise an electronic substitute for Land/Charge Certificates, for example a unique, randomly-generated code on TIDs that must be quoted on any future application to deal with the title. That I feel sure would cut out a great deal of property fraud.
Comment by Eddie Davies posted on
Thanks for your comment, David. I think there’s a need to improve ID verification right across the home-buying sector. We’re currently exploring all options available to us, so randomly-generated codes on TIDs may or may not be a part of such improvements.
Comment by ken posted on
A very good idea from Eddie Davies and a re-assuring reply from HMRC.
As we stand at the moment surely, when assets have been registered with them, HM Land Registry could be in danger of being sued for not pursuing "due care.."
Comment by Sophie posted on
If you were to increase the value of a mortgage on a property with the same lender, would the charge be updated or would it remain as the original entry in the charges section?
Comment by AdamH posted on
Sophie - invariably it remains as is. The charge is secured on the registered title so any new lending for example is a matter between the borrower/lender and we do not show the financial details for example on the register
Comment by Temha posted on
Hi,
We have a charge registered for the money we gifted to our daughter to buy her flat outright without any mortgage.
This charge is noted on the completion of registration issued by the land registry, but nothing has been issued to the charge holder by the land registry.
We are wondering whether a charge certificate should be issued by the land registry to the charge holders at the same time the completion of registration certificate was issued to the leaseholder.
We noted that there was such a charge certificate issued to our mortgagee and it was released to us when the charge was cleared.
The only difference is we are not mortgagees but we are charge holders
Many thanks.
Comment by ianflowers posted on
Temha - Hi. I noticed you have asked similar questions on separate blog, so hope it will be in order for this response to cover both posts.
Charge certificates have not been issued since October 2003 following legislation in the Land Registration Act 2002 and Land Registration Rules 2003. From that date, existing certificates ceased to have any significance and are no longer required on updates to a title register. The change reduced costs for HM Land Registry’s customers and removed the need for people to store certificates, with the associated risk that they may become lost, destroyed or stolen. In conjunction with the conversion of almost all our records into electronic format, the changes were a vital step in modernising systems to meet the needs of the electronic age and facilitating the implementation of an electronic registration system.
If as charge holder you wish to obtain a copy of the current title documents for your records, they can be downloaded for £3 each via our online service - https://bit.ly/2C12N6C .
Comment by Temha posted on
Thank you,
I am sorry, Yes I did ask the same in an earlier post. I wasn't sure if it went through.
We have the current documents, and it seems therefor it will suffice for the charge holder to retain a signed copy of the CH1 and the completion of registration issued by the land registry. Hope I got it right.
Thanks again.
Comment by ianflowers posted on
You're welcome. Yes, that should be sufficient.
Comment by Freda posted on
My son and husband bought a house together as tenants in common. My daughter lent my son some monies protected by a Charge in the Charges register. There is a Restriction on the Proprietorship Register stating “No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.” My husband is transferring his share to my son by way of gift. The loan has been paid. How do we remove the Restriction?
Comment by ianflowers posted on
Freda - Please see our guidance on GOV.UK which covers this: https://www.gov.uk/joint-property-ownership. Particularly the section titled 'Change your type of ownership' which applies whether or not your some remains as sole owner.
I should also mention that the restriction does not need to be removed in order to effect the transfer between your husband and son. This is because you have mentioned that the transfer will be by way of gift whereas the restriction only catches dispositions where 'capital money arises'.
Where the loan under a registered charge has been paid off, we would need the appropriate evidence of discharge (usually in form DS1) to cancel the charge from the register. Evidence of identity may also be required. Please see also our guidance which covers: https://www.gov.uk/government/publications/cancel-entries-relating-to-a-charge-registration-ds2.
If you are unsure how to proceed, we would suggest considering seeking independent legal advice, for example, from Citizen's Advice or from a solicitor such as a conveyancer.
Comment by Freda posted on
Thank you.
Comment by Dawn C. posted on
Hi everyone, I am looking to purchase a property and recently paid to obtain the land register from HM Land registry. I have read through the land register but still have questions.
Section A: Property Register shows 2 named parties i.e. the home association and vendor.
Section B: Proprietorship Register shows title absolute and only 1 named party i.e. the vendor.
In this instance, how can I ascertain if the property I am purchasing is for full 100% share of the property? I understand that when the vendor currently owns 55% share of the property. Should I be concerned (if any at all) that there are 2 named parties under section A ?
I appreciate your advice. thank you.
Comment by AdamH posted on
Dawn C - the A Property Register does not refer to the registered ownership. That is in the B Proprietorship Register. I assume the property is leasehold and the A Register refers to the lease under which it was granted hence reference to two parties, namely the landlord and the tenant
Comment by N posted on
Hello,
I am hoping someone can point me in the right direction.
I am interested in purchasing a plot of land on the end of a row of terraces.
The land used to have 2 terraced properties, which were demolished many years ago.
I have managed to find the registered owners of the land who hold the title absolute, and upon submitting a search of the index map, the land is Freehold.
However, although the actual land is Freehold, the same title number shows that the land is included as a row of houses. Half of the row of terrace houses including the land (which once had houses) have charges registered against it.
Here is where I need help.
The Lease Title (dated 1870- for 999 years) was registered under house numbers 10 & 12, both of which are now Freehold. Does this mean the Leasehold only relates to 10 & 12?
There seems to be no way of tracking the Leaseholders. I was told that purchasing a Defective Title Insurance would cover me for any nasty surprises that may come up.
But the actual land I am interested in is absolutely Freehold.
Thank you all for your help.
Comment by AdamH posted on
N - all depends what you mean by registered under house numbers 10 & 12. If I have understood correctly then the freehold title includes the land and the row of terraced houses. The lease is then noted on that freehold title. If the lease affects numbers 10 & 12 only then it is not a lease of the land or the other terraced houses/land included in that freehold title. I'd suggest you seek legal advice though to assist and clarify matters with regards what registered interests affect the land you intend to purchase
Comment by Albert Hickson posted on
I am not legally qualified in any way, but I dealt with the purchase of the house that my wife and I own. I followed the directions a book. This was 30 years ago. I can't remember whether we bought as joint tenants or tenants in common. The book advised one over the other (I can't remember why or which), but now, as we are both getting on a bit we have been advised to make sure that we are one or the other (and again I don't know which one) as it will protect one of us if the other has to go into a care home. I have the Land Certificate, and the Proprietorship Register says that we are the 'Proprietor' (not Proprietors). There is nothing about disposition by one owner. Form 19(JP) transferred the Whole to Joint Proprietors (us). Are we joint tenants or tenants in common?
Comment by AdamH posted on
Albert - we can't tell you which it is I'm afraid. The register is not definitive re such detail and the term 'tenants in common' is not referred to on the register as you already appreciate.
Joint owners may indicate that they wish to hold the property as tenants in common when they are registered or may decide to sever their joint tenancy at some stage. The form 19 (JP) for example will have included a clause referring to this and you may have amended that clause at the time to reflect the joint ownership as you saw it at the time. For example it may refer to whether you 'can' or 'cannot' give a valid receipt for capital monies'
When this happens, and where the land is registered, we can register a Form A restriction on the registered title, namely
'No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court'
The Form A restriction does not itself change the ownership from beneficial joint tenancy to tenancy in common. The restriction only reflects the request or change made so it is important to also consider what has happened since re your wills for example and more. And our online guidance may assist in that regard https://www.gov.uk/joint-property-ownership
Comment by Albert Hickson posted on
This is more complicated than I thought it would be! Our Form 19 (JP) says that the survivor can give a valid receipt for capital monies. ('cannot' is crossed out.) I think we wanted to be joint tenants as that meant the property would automatically go to the survivor when one of us dies. Does the wording on Form 19(JP) mean that we are joint tenants? Wouldn't it make life easier if the form used the terms 'joint tenants' or 'tenants in common', and wouldn't it make life easier if the Land Certificate had one or the other of these expressions?
Comment by AdamH posted on
Albert - if it has can and not cannot then at that time, namely on the date you executed the Transfer, you were joint tenants as far as the form 19 (JP) was concerned.
Whilst it might seem easier to suggest the changes you refer to it would still not make the register definitive as other factors can affect how you hold the property and which would not necessarily lead you to apply for or register a form A restriction as explained.
You can be joint tenants way back when you bought it but then made wills that left your beneficial share to someone else, which in effect would make you tenants in common. So it will never be as easy as you might think or wish.
So to try and establish whether you are JTs or TIC you should start with the form 19(JP) and then work forwards with regards what you have done or what has impacted on your joint ownership since e.g. wills, deed of trust, debts and so on to see what (if any) have impacted and changed that position. If nothing then it would imply that you are still joint tenants
Note - Land Certificates are no longer produced and have no legal meaning re proving ownership. And form 19 (JP) is an obsolete form of Transfer now
Comment by Lee Foster posted on
There is a strip of land at the end of my garden that shows up as title number SK214570 and is shown as "Tenure: A Caution".
It has trees on it that are overshadowing my garden and are looking unsafe, so am I entitled to engage a tree surgeon and cut them down / prune them, if there is no owner of the land?
Comment by AdamH posted on
Lee - the caution title will merely indicate that some has an 'interest' in the land so would not necessarily impact on what you can or cannot do on land you do not won yourself. I'd suggest seeking legal advice as to what you can do re overhanging trees for example or try online forums such as Garden Law where such matters are often discussed
Comment by Janet posted on
Hi - My lease grants me a right of way across a shared access path. This was summarised and shown on both the leasehold and freehold title register. But when my lease was extended to 999 years (in 2007) the summary disappeared from both title registers.
I would like to have the summary reinstated on both title registers so these rights are tranparent to anyone looking at the register. How can I do this?
I have copies of the original title register and Charge Certificate that show the summary. Thanks for any advice.
Comment by AdamH posted on
Janet - I'd start with raising the issue as an enquiry to confirm why the entries were removed for example. We can check and then email you back to advise and also include next steps as appropriate https://help.landregistry.gov.uk/app/contactus_general/?utm_medium=newsletter&utm_source=govuk&utm_campaign=death_contact_page_to_contact_form&utm_content=web_page
Comment by Mr Michael Crick posted on
Hi there, I am interested in a piece of land and have purchased a copy of the register. Under "section C Charges Register" there is a note that there is a registered charge in the name of the Secretary of State for Transport but no details of what that charge may be.
I have contacted Highways England who have referred me back to the Land Registry, who they say, should have more details. So is there another document (the actual deeds?) that I can view or request a copy which would give me the details that I am missing please?
Any ideas or advice would be welcome.
Comment by ianflowers posted on
Michael - Hi. We should hold a copy of the charge document itself. It may not give all the information you need (e.g. it may not have any financial information) but that would appear to be the next step. You'd need to make a postal application in form OC2 and send in a cheque or postal order for the £7 fee. Please see our guidance here: https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds .
Comment by Steven Cooper posted on
A property held in a bare trust, of which I was a beneficiary, was recently sold by the trustees/executors. The new title register names the trustees as lenders to the purchaser of the property they sold. Are there any reasons why the trustees could be named as lenders other than for the obvious reason of providing a loan to the purchaser? The only information that I have been given when queried is 'the form of charge prescribed by the Land Registry requires the Executors/Trustees to be defined as lenders.' Clearly I am investigating whether the trustees have breached the 'no self-dealing rule'.
Comment by AdamH posted on
Steven - if they have registered a legal charge and they are the named proprietors of that charge then their interest has been secured as a loan against the property. If you are interested in the details than you can apply by post for a copy of the legal charge to confirm what details it contains https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds
Comment by Steven Cooper posted on
Thanks for the reply Adam. Excuse my stupidity but does a loan as described here only mean, in crude terms, money. Or are there other reasons a legal charge may be entered and the proprietors of that charge be named as lenders in the Register Extract?
Comment by AdamH posted on
Steven - a charge is a way of securing the payment of money
Comment by NigelP posted on
We own a leasehold property - being an apartment in a former mill building. The Property Register at section 2 (short particulars of the lease) details the Parties to the lease as 1. The Development Company. 2. The Management Company (Ltd) of the building and 3. The names of the original purchasers and (first) occupiers.
Is it usual for the lease particulars to detail the names of the original purchaser(s) ?
Many thanks
Comment by AdamH posted on
NigelP - it has to as those are the short particulars of the original lease which is still in place. Those details do not change until a new lease is entered into and the old one closed (determined). The current leasehold ownership is shown in the B Proprietorship Register
Comment by M Fieldhouse posted on
Hi, great article and interesting comments!
In the scenario where a Discretionary Trust owns a share of the freehold (for example, where the property is a house converted into flats and each flat owns a share of the freehold, and the Discretionary Trust owns one of the flats), then how does that Trust appear on the Title Register? Is it in the "Trust's Name" or in the Trustees' individual names, or in the name/s of the Beneficiary/ies of the Trust?
And how would this entry appear alongside the other "Tenants-In-Common" (the owners of the other flats) who share the ownership of the freehold?
Comment by AdamH posted on
M Fieldhouse - all depends on how they have applied to be registered. Not too sure what you mean by 'alongside' as we register the legal ownership so each leasehold register would refer to it's legal owner and the freehold would do the same. They don;t then cross refer to the other leasehold ownerships for example
In the circumstances I'd suggest taking a look at the freehold register and perhaps one of the leasehold registers as well.
Comment by Al N posted on
My wife and I have just paid off our mortgage and have been advised by our lender to obtain the title deeds from the Land Registry. I've visited the Land Registry site but am confused as to what the Title Deeds are, or which form to fill in (looking at OC1 and OC2). Are the deeds made up of the Title Register and Title Plan? Or they 3 different documents? What form(s) do I fill in for the official copies? And, how much will they cost? Or even if they have electronic copies, how do I find out? The house was built in 1990.
Comment by AdamH posted on
AI N - try this blog for more details re title deeds etc https://hmlandregistry.blog.gov.uk/2018/02/19/title-deeds/
The title deeds as we know them are the register and title plan. If the register refers to a deed as 'filed' then that would also be included but not all registers refer. Cost is £3 online and £7 by post but do read the blog first as you don't need to have or hold a copy
Comment by Mike B posted on
In 1983 the then owners of our property came to a signed solicitor's agreement with the owner next door which contained a detailed description and plan of the actual boundary (which followed existing walls and tree lines) and confirmation of ownership. This differed from the Land registry plan which was all straight lines and did not follow the boundary.
We purchased the house in 1986 and subsequently found this agreement which we registered with the Land registry in our Property register. Recently we have been looking at routing of fibre optics and came across a land registry document where the neighbour sold the roughly 4m square land in question inside our boundary to a third party in 2000 which was then sold on in 2012. According to the land registry because the neighbour failed to register the transfer we do not own the parcel of land in our garden despite the legal agreement containing the agreed ownership being registered on our deeds. Everything I have seen in court decisions seems to say the ownership is defined by the documents forming part of the deeds which the agreement does. LR have told us we need the current proprietors to agree a transfer which could cost us a fortune if they get difficult.
Comment by Mike B posted on
As I have had no comments the question I need an answer to is are the deeds and signed legal contractual agreements attached thereto the proof of ownership of land or the registration documents of the land registry
Comment by AdamH posted on
Mike B - the registered information is the proof of legal ownership
Comment by PETER EARL posted on
I have a copy of my property register of title, it doesn't say anywhere what the type of ownership is i.e. joint or tenants in common. When we purchased we asked for it to be as tenants in common but we have no proof that this was actually carried out by our solicitor, how can I find out?
Comment by AdamH posted on
Peter - we do not use the term TIC on the register so you are not registered as such. However when such a request is made your solicitor will normally apply for a form A restriction to be registered - see panel 8 of this form for the wording https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/769857/SEV__2019-01-14_.pdf
Comment by Bharat posted on
I had a letter from HM Land Registry saying the name on the title was different to the registry. Do the names need to be the same as the passport name?
Comment by AdamH posted on
Bharat - the name on the register should match your legal name, which I would expect to be the one shown in your passport.
Comment by carly posted on
I work for a company, trying to obtain further details on a Registered charge from another 3rd party - is there anyway I am able to find out this information ? as to what and how much the charge is etc
Comment by AdamH posted on
Carly - we don;t generally have too many details re a charge other than what is referred to on the register. The charge document we register itself does not always reveal any specifics although the application form may refer to the amount lent. As such I would suggest you contact us first to confirm which document (if any) contains the details you are after https://help.landregistry.gov.uk/app/contactus_general
Comment by Paul Smith posted on
I am the administrator for my late cousin's estate. Her paperwork file seems to indicate that in 2012 she took out an equity release mortgage, releasing over £20,000. As I understand it the general principle is that the equity charges mount over the years, as no payments are being made to offset them. I can find no evidence that these charges have ever been paid off. I have downloaded a copy title register for the property, but it shows no Section C, blank or otherwise. Does this mean the charges have been cleared? If not, where would the record be which indicates details of the charge and/ or the charge holders?
Comment by AdamH posted on
Paul - any secured legal charges would appear on the land register. If there’s no C Charges Register then there are no registered charges against that title. Such interests can be protected in other ways for example as a restriction in the B Proprietorship Register but you’ve not mentioned any so assume none are shown.
If you want to confirm if they were registered but then removed use our contact firm to submit the details and the question https://help.landregistry.gov.uk/app/contactus_general
Comment by Paul Smith posted on
Thanks Adam .....I will do that
Comment by Malik posted on
Hello,
If there’s a charging order (debt) on my property, will it show up on the Land Register ?
Thanks
Comment by ianflowers posted on
Malik - We essentially have an administrative role in registering ownership and other interests in land based on applications made to us. So we can only confirm whether or not an application to protect an interest under a charging order has been lodged with us and has resulted in an entry in the register.
Comment by Maurice posted on
I'm trying to determine if our house is owned as 'joint tenants' both myself and my partners names are on the proprietorship register. this is how the restriction is worded "except under the order of the registstrar no disposition by the proprietor of the land is to be registered without the consent of the proprietor of the charge dated 28 novemember 2001 in favour of soandso building society referred to in the charges" is this a joints tenants ownership ie if my partner passes away the house is transferred to the surviving partner irrespective of a will
Comment by AdamH posted on
Maurice - the restriction you refer to is a standard one used by moist lenders to help protect their security/interest. It does not relate to your joint ownership. Our online guidance may be of assistance https://www.gov.uk/joint-property-ownership
Comment by maurice posted on
adam - many thanks for your feedback - so if the property was owned as 'tenants in common' then there would be some additional wording in there to stop one of the parties selling the property without the other persons knowledge then ? so this makes me believe that if this is the only restriction then its a 'joint tenants' ?
Comment by AdamH posted on
Maurice - we don;t use the term tenants in common on the register but some owners will apply for a form A restriction to be registered when their share in the beneficial ownership has been left to someone else in their will; or in a trust deed or similar.
It's nothing to do with selling without someone's knowledge. The form A restricts a joint registered legal owner as and when the other owner dies. In effect they cannot on their own then sell the property without accounting for the beneficial ownership share of the deceased.
Comment by John P posted on
Interesting info above.
I was joint executer with my sister of my brother in laws will, they were tenants in common. He died a few years ago and left his share of the house in trust to their children. I recently saw the title doc downloaded from th LR web site and in the Extract and Proprietorship Register it lists me and my sister as owners. I am and have never been an owner in any part of their house. Is the documentation correct? could this be related to the executor / trust arrangement?
Comment by AdamH posted on
John P - I can only assume that an application was made to update the register and for example the surviving owner transferred the ownership to account for the trust. I would however suggest that you contact us with the specific details and enquiry to check and confirm what happened and when. You may need to apply for and obtain copies of any documents submitted and then contact whoever applied but we can check and advise on what we have and you can then take it from there
https://help.landregistry.gov.uk/app/contactus_general
Comment by Jane posted on
Query re names shown on our leases
I am joint freeholder of a house convereted into two maisonettes. I am one of the two leasholders, the other leaseholder being the other joint freeholder.
I have just downloaded the Title Deeds.
– On both leases within "2. Short particulars" two historic owners are listed against PARTIES.
– Surely this is incorrect if we are the joint freeholders?
– My lease shows the previous freeholder and the last leaseholder.
– The lease for the other maisonette also shows the previous freeholder plus a pair of names I do not recognise. These names are not the previous two leaseholders of that property.
– It seems very strange that these names are on our documents.
– Is this something to worry about or get altererd?
Any advice welcome.
Comment by AdamH posted on
Jane - the short particulars will refer to the original lease which, when granted, created the leasehold tenure/title. Those particulars and the lease do not change as and when the ownership is transferred.
The B Proprietorship Register for each leasehold/freehold title will then confirm the current registered legal owner(s) as appropriate. As soon as the original freeholder/leaseholder sells/transfers their title then the B Register entry is updated. The short particulars of the lease don't change as the lease is not renewed or altered.
Comment by Jane posted on
Thanks Adam,
Ah OK. But it still seems odd to me as regards the timeline and change of freeholders nd leasholders over the years. Note that we two are the freeholders.
Also, perhaps you can also answer this, I am a bit concerned that the other leaseholder has his address shown as here yet he hasn't lived here since c2006 when he started renting it out – surely his actual home address should be on there?
Thanks again,
Jane
Comment by AdamH posted on
Jane - the address on the register is for us to contact the named individual(s) at. If that's no longer accurate and they can;t collect mail (if any) received from us there then they would need to apply to update their contact address https://www.gov.uk/registering-land-or-property-with-land-registry/update-or-correct-the-register
If you are in touch with them I would suggest drawing it to their attention.
Comment by Brian posted on
Hi,
I recently paid for a title search on a small access road which is used by 3 properties. I was given a CY...... Title Number, when I requested copy of the register, to identify the title owner, HM land registry returned my £7 payment and informed me the title was cancelled in 2013.
What is a cancelled title?
I would like to purchase this access to guarantee its upkeep and to ensure it us never built upon. So do need to know who it us registered to.
Regards
Brian
Comment by AdamH posted on
Brian - a title can be closed/cancelled for a variety of reasons. Most commonly because it’s added to another title.
If you applied for a search of the index map from us the result should not have revealed a cancelled/closed title. I’d suggest using our contact form to query. https://help.landregistry.gov.uk/app/contactus_general
Comment by Brian Jardine posted on
Thank you.
Yes the title number was given to me as a result of a search of the index map.
I will use the link you provided, to ask what's needed to find out if it gas been added to another title.
Regards
Brian
Comment by Max posted on
The family are going to may a fairly large loan to our son in law and would like to arrange for a charge on his property which is residential & freehold..
What are the steps & forms to do this, and who starts the process. The property has a mortgage already but there is enough spare equity, providing the housing market holds up, to cover the loan. From the proprietorship register I understand we would have to get permission from the mortgage company.
Comment by AdamH posted on
Max - whilst our Practice Guide explains how a legal charge might be registered I would strongly recommend that you seek legal advice as well
https://www.gov.uk/government/publications/registration-of-legal-charges-and-deeds-of-variation-of-charge
Comment by Max posted on
Thanks for that Adam. I will have a look.
Comment by Jo posted on
My ex husband and I are trying to sell our former marital home, which we have owned for 17 years. The prospective buyer has found that our garden goes back further than the land registry map. We have never been made aware of this by anyone. We have land registry documents showing that we own the plot of land. How do I find out how to register the back of my garden as mine or does it default to me as I have used it without any objections from anyone for 17 years?
Comment by AdamH posted on
Jo - have a read of either of our PGs 4 and 5 depending on whether the land is registered or not. And I’d also recommend getting legal advice
https://www.gov.uk/topic/land-registration/practice-guides
Comment by Jo posted on
Thankyou I will read it again carefully. However, we are not squatters, we are the owners of the rest of the garden and thought we had registered all of the land in good faith. How do I find out the measurements of the land recorded on the land registry?
Comment by AdamH posted on
Jo - from a legal perspective if you are occupying land to which you don’t have documentary title then you are referred to as a squatter. It’s a legal reference.
Have a look at PG 40 supplements 3-5 for guidance on plans and boundaries
Comment by Winnie J Charles posted on
Hi, I am looking at re-mortgaging my property, however, there is a restriction on the title to say "no disposition of the registered estate (other than a charge) by the proprietor of the registered estate, or by the proprietor of any registered charge not being a charge registered before the entry of this restriction, is to be registered without a certificate …..". As I am re-mortgaging do I need the certificate referred to or does the "(other than a charge)" mean that I do not need the certificate?
Comment by AdamH posted on
Winnie - if it’s a remortgage (charge) then no.
Comment by Konlaw posted on
I have a document titled "Land Registry official copy of register of title". In section C (Charges Register) there are details of a number of "charges and other matters that affect the land". If I recall correctly, at the time of purchasing the property my solicitor advised the land charges had not been registered and were therefore not enforceable. Does this sound like it could be correct? Which separate register would I need to check?
The freehold property was built about 25 years ago if that makes any difference.
Comment by AdamH posted on
Konlaw- if they’re still on the register then they still affect. I’d suggest checking the current register to confirm what’s still there and then get legal advice. There’s no other land register
https://www.gov.uk/search-property-information-land-registry
Comment by Margaret Marshall posted on
My late brother died in 2017 and following a Court case there is now a Court Order stating that the property should be sold by me which was issued in December 2019. My Conveyancer apparently submitted a request to change the Title documents to my name in February or March this year but continues to state that lock down has prevented any action regarding this going ahead.
Is this true or is my Conveyancer just covering his tracks regarding the length of time this is taking?
Many thanks in anticipation of your reply.
Comment by AdamH posted on
Margaret - Covid 19 has impacted https://www.gov.uk/guidance/coronavirus-covid-19-impact-on-hm-land-registrys-services#contents
Comment by Jane posted on
Hi,
I am in the process of finalising the finances with my ex husband after divorce. I know his father transferred his property into the names of my ex husband and his brother years ago to avoid inheritance tax. I understand the this property would now be classed as 50% belonging to my ex husband. As far as I know the property hasn't been transferred back again. What form do I need to complete to find out who is registered as the owner. The document could be needed for court. It seems unclear which form I need to complete, i.e. OC1 or OC2. Thank you.
Comment by AdamH posted on
Jane - OC1 for the register to confirm current ownership. OC2 for a copy of the Transfer re last change should you need to confirm that detail
Comment by Niki posted on
Hello,
I am interested in an auction property. I have viewed the Official copy of register of title in the legal pack but section B where the names of the proprioter should be is totally blank.
According to the document the property was purchased in January 2020.
Is there any reason why this section would be left blank?
Thanks for your help.
Comment by AdamH posted on
Niki- it wouldn’t be blank so best check the small print of the pack provided as there may be reasons why they don’t reveal the identity of the registered owner
Comment by Niki posted on
Hi AdamH, Thank you for your response.
Comment by Paul Pleasance posted on
Please could I ask; if a property has been subject to an 'Equity Release' type of deal, would this show on the Charges Register on the Title Register.
Thank you.
Comment by AdamH posted on
Paul - if the release is secured against the property then the interest is invariably registered against the title. Such interest can be protected in a few ways depending on circumstances
https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register
Comment by Laura Baker posted on
Hi,
I m using the HMLR business gateway service to get registry extract Titles in JSON.
When we have a freehold title, is there a consistent way of identifying whether there are any lease holds hanging off?
I thought it might be the Schedule of Notices of Leases?
Thanks
Comment by AdamH posted on
Laura - if there are registered leases out of that superior title then they would usually be referred to in a schedule of leases (C Charges Register) as you suggest.
They can also be referred to as a separate entry in the same part of the register or noted (not registered in own right)
Comment by Laura Baker posted on
Thanks Adam. If we were dealing with a leasehold title instead of freehold... Would it be true to say that, leases can be listed in a schedule of leases, but are not necessarily an under let, and could instead just have "and effect" on the current title?
Comment by AdamH posted on
Laura - I don’t think so. If the superior title is a leasehold and you have a schedule of leases then they are an under let to use your terminology. If they were being listed/noted for any other reason then the entries would refer.
So if for example you have a Freehold tile and it refers to a single registered lease, entry or schedule, you know the Freehold is subject to that lease.
If the lease is registered and it’s title then refers to a registered lease or leases then it’s a Head Lease and those other leases are sub leases/under lets
Comment by Laura Baker posted on
Thanks Adam 🙂
Comment by Philip posted on
My mother gave my sister £75,000 to help buy a house. It was intended as a gift but got enacted as a deed with a £75k charge on the property and my mother as the lender, which is registered with the Land Registry and is on the deeds.
Our mother has now passed away and we want to release my sister from the charge on her property.
As the executor of my mother's estate can I cancel the charge? Do I just need a DS1 form to cancel it myself?
Thanks
Comment by AdamH posted on
Philip - the ‘charge’ will form part of her estate so you would need probate and then you can discharge the charge using forms DS1 and DS2
Comment by Philip posted on
Thanks Adam, I thought as much.
Comment by George Thomson posted on
I am executor for my mother in Law's will, She was the sole surviving joint tenant as her husband dies 5 years previous and she died in December 2019. The will leaves the property in equal shares to two surviving daughters, my wife and her sister.
Obviously I need to transfer the property to the two daughters with relevant death certificates. My wife will then buy out her sisters half share and will then gift the property to our son. I believe as it is a family property there will be no need for searches, mortgages and a simple sale transaction will suffice.
My question is do I have to do each of these as a separate step waiting for each to be approved or can they all be applied for at the same time and actioned from transfer to sale to gift in that order? If so is this something I could do without needing a solicitor.
Comment by AdamH posted on
George - they can be done separately but all as part of a single application. Where you need wider advice is whether you need to do both transfers or just one.
Have a read of our online guidance and then get some advice on whether the executor(s) can simply transfer to the son for example? That’s the key legal/tax question you need to answer first
https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page_
Comment by George Thomson posted on
Thanks Adam, very useful advice. Rather than jump through consecutive hoops it should be easier to document the transfer of half share from my wife's sister and get a deed of gift for final transfer of whole property to the son. As executor I can then register directly in my son's name as sole owner.
Comment by Tony Watts posted on
Hi, I wonder if you can help please.
We have found a property to buy which has a large garden in which we would like to build a house for ourselves. At the very outset I did a LR search to discover if there were any covenants which may prevent this, but the LR records showed none, and we proceeded with an offer on that basis (I had hoped a solicitor would check this for me prior to the offer, but I could find none who was prepared to act quickly enough).
Now, some weeks down the line we have seen a document whereby the current owners were granted a release from a restrictive covenant which prevents any construction on the land in question (for a small extension they build a few years ago). But we have still not seen any document which includes any such restriction, so the situation is very confusing (our solicitor is continuing to investigate).
But I had assumed that the LR records would be definitive and include details of all and any restrictive covenants affecting the freehold land?
Comment by AdamH posted on
Tony - it would be definitive re any registered covenants, yes. So it reads like you need the further information re reasons why the release you mention was needed/entered into
Comment by Tony posted on
Thanks Adam. There are several entries in the Title relating to a number of Tranfers, and these generally go into a good level of detail about matters of not great significance. But there is an entry about a Transfer which simply says "..contains restrictive covenants". So far I have not been able to see a copy of the document in question, but there is an indication it restricts the use of the land to "forestry and agriculture" only. That is a very significant restrictions, which I would have thought would be clearly transcribed into the Title without the need to discover the document?
Comment by AdamH posted on
Tony - all registered titles consist of a register and title plan. Not all reference deeds but where they do whether they are set out (transcribed) on the register or referred to as being ‘filed’ will vary. As a rule of thumb historically if what needed to be included, which could be covenants, easements, provisions and more, was less than 250 words it was typed on the register. If more then ‘filed’.
So online you can invariably get the register/title plan as that’s common to all titles. But if you want a copy of a ‘filed’ deed then you’d need to apply by post.
https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds
Comment by Helen Reddington posted on
Hi , can you help with a query about shared ownership leases? If a housing association disposes of a home via shared ownership, either from a freehold or leasehold title, where are the details of the shared ownership leaseholder shown on the register? Also, if any mortgage or loan is charged against the shared owner, where is this shown on the register? Are shared ownership leases dealt with any differently than other leases. Thank you.
Comment by AdamH posted on
Helen - in the A Property Register section of the leasehold title where the short particulars of the lease will be noted. A copy of the lease is then usually available by post if needed.
Any mortgage would b3 shown in the C Charges Register
And No
Comment by Helen Reddington posted on
Thanks so much for your prompt advice Adam. I work for a housing association and have downloaded a number of office copies relating to properties that we have disposed of through shared ownership sales and there seem to be some problems with them. Some go back several years so it isn't down to a time delay What is the best way to raise this?
Comment by AdamH posted on
Helen - you’d need to raise it through our Contact form https://help.landregistry.gov.uk/app/contactus_general
Comment by Helen Reddington posted on
Fab. Thank you so much for your help. I wish I had known about this blog years ago; so good.
Comment by Nicola Garside posted on
My daughter is buying a leasehold flat which we were told is only ever to be sold at 80% of its value, originally only to key workers but that restriction has been lifted. The title register only shows the current vendor in part B; are we to understand there is no third party who owns the 20%? Our mortgage advisor insists someone must own it and has to declare it to the lender but we don’t believe there is an owner of the 20% share. If there was a third party owner of that 20% share, where would we find that information?
Comment by AdamH posted on
Nicola - the register confirms the legal ownership and any registered third party interests. The 20% interest might be protected by a restriction (B register) or a charge/notice (C register) or the Transfer might be referred to and the covenants/clauses therein
Comment by Nicola posted on
Thank you, Adam.
Comment by T Hughes posted on
I bought a property in March and the title still hasn’t been registered in my name. I am trying to remortgage and can’t proceed at the title still isn’t in my name. How long will I have to wait for the title to be registered?
Comment by AdamH posted on
T Hughes - don’t wait. Ask the conveyancer to check/confirm stage online through their secure portal and if still waiting get them to request expedition
Comment by WillN posted on
I hold a Tennancy in Common with 3 other owners of an apartment property, which forms the freehold of the land. Each of us have a lease on the apartments and own a share of the freehold.
If I want to sell my propert and subsequent share of the freehold, do I require the permission / authority of the other Tennants in Common? As one is suggesting they are going to make it difficult.
Comment by AdamH posted on
WillN - if the freehold is registered in your 4 names then you’ll need all 4 to transfer to the 3 plus new owner
Comment by Margaret Tyler posted on
We are buying a property, at the point of exchange, that is now waiting, according to our solicitor, for our vendors solicitor to add a Christian name to the Land Registry, that the (deceased) person never used. Our solicitor will not move forward without this being done, the vendors solicitor obviously does not think this is essential .
I did phone Land Registry, I was told it shouldn’t hold up the sale. Our solicitor says she was told the opposite. Are you able to explain all this to me please?
Comment by AdamH posted on
Margaret - it’s not up to us whether it holds up or sale or not so we should not offer such advice. It’s entirely up to the conveyancer, buyer and invariably any new mortgage lender. Names are very important so a missing/wrong name match might suggest you are dealing with th3 ‘wrong person’.
The best advice is that if it’s holding up the sale get them to expedite their application
https://www.gov.uk/guidance/coronavirus-covid-19-impact-on-hm-land-registrys-services#expedite-an-application
Comment by Margaret Tyler posted on
I’m sorry I did not intend for it to appear that you were holding up the sale. It is dependent on the solicitors. It was just clarification I needed.
Sorry once again, Margaret
Comment by Vivienne posted on
I have found two properties had identical Title number. The two properties should have been developed by same developer and in same area but different locations( 100 metres distance).One was registered in 2003, and another one was registered in 2005. Both TP1 scanned copies show the same transferor, and different transferees. My understanding is that was the first registry for each of them. As the properties are freehold and one was sold to couple A in 2003, another one was sold to couple B in 2005. I'm wondering what is the usual scenario for the two properties registered with same title number?
Comment by AdamH posted on
Vivienne - if they’ve been sold separately and each sale registered then they would not have the same title number now. I’d suggest you use our Contact Us form to submit specific details to query matters https://www.gov.uk/guidance/coronavirus-covid-19-impact-on-hm-land-registrys-services#contacting-hm-land-registry
Comment by Yasmin posted on
If I own a flat (say number 10) and build another flat above it (say flat 10a) When I get the permission to build is it automatically registered as separate titles or do I have to go through a process of separating titles 10 and 10a?
Comment by AdamH posted on
Yasmin - planning and registration are separate processes. The registration split will come when you sell/lease the flat
Comment by Yasmin posted on
Thanks a lot Adam, much appreciated
Comment by Audrey posted on
The property I own is leasehold. The freehold was recently sold and I would like to see the office copy entries relating to this. Can I assume the one I want is the last one listed against my property as this is not clear. It is showing as Leasehold, Freehold, Leasehold?
Many thanks.
Comment by AdamH posted on
Audrey - if it is the freehold you want then there’s only one available. However if it was recently sold it may not have been updated yet.
As there’s a second leasehold you may have a head lease as the superior title but you’d know about that if there was one but you appear to only want the freehold anyway.
If in doubt I’d suggest using our Contact Form and submit the details using the Find a Property category. The support team will check and steer you to the correct one. If you choose online and it’s wrong/not updated yet then we can’t refund the fee
Comment by Audrey posted on
Thank you for your prompt reply, I will do as you suggest.
Comment by Richard Waite posted on
I am one of 4 joint owners of a field and have agreed to sell my share to one of the other owners. One of the other owners is refusing to sign off the transfer and the Title register says " No disposition by a sole proprietor of the land under which capital money arises is to be registered except under an order from the registrar or of the court" .How do we go about getting the "order from the registrar" to overcome our problem please?
Comment by AdamH posted on
Richard - the restriction only comes into play if there are 4 and 3 have died so it restricts a sole surviving owner only.
In your case it’s legal advice you need here as to whether you can force him to transfer and if so how
Comment by Richard Waite posted on
Thanks for the swift reply
Comment by Michelle H posted on
Hi
Property is split in to First Floor Flat and Ground Floor Flat.
The original leases, and indeed subsequent draft lease extensions, refer to the respective properties as 'Ground Floor Flat, 1 Any Road' and 'First Floor Flat, 1 Any Road'.
However, the property description in the leasehold titles show '1a Any Road' and '1b Any Road' with the Freehold title showing '1 Any Road'.
Should the lease extension document reflect the property description in the title? Do the titles need changing? Or does it not make any difference so long as the correct title numbers are referred to in the lease extension document?
Comment by AdamH posted on
Michelle H - from a registration perspective it’s the title numbers that come first. Clearly you can’t have totally different addresses to those registered but there’s not enough of a difference here to take issue from the register’s perspective.
However lenders in particular like a precise match so I’d suggest firstly confirming with the local authority what the actual postal addresses are and then work forward from there. On registration the details can be confirmed and shared and, if needed, the titles updated to match
Comment by Trevor posted on
This is an excellent blog and brilliant resource for the layman, thank you. I have a question relating to section C of the title document; the Charges Register. When my late Sister bought her house in 1997, there was an entry in section C covering the mortgage lender and in sections A and B a reference to a 1986 Conveyance that I have a copy of, covering rights of access by neighbours for maintenance and boundary wall. The latest title I have downloaded has no section C (there is no longer a mortgage) but the Solicitor for the buyer is saying that the 1986 Conveyance document needs to be noted in section C. Is this correct? - it is very clearly referenced and documented in section A and B. In section A it says "the conveyance dated xxx referred to above contains a provision as to boundary structures" and in section B is says "the transfer to the proprietor contains a covenant to observe and perform the covenants dated xxx referred to in the Property Register. Is it necessary for there to additionally be anything in section C and if so, why wasn't it there at the time of purchase back in 1997. Thank you.
Comment by AdamH posted on
Trevor - it would only be mentioned in the C register if it contained information relevant to that section. Some registers will only consist of an A and B register.
There would have been one for the mortgage entries but if that’s been paid off and the entries removed then that’s why there’s no C register
Happy to look if you give me the title number?
Comment by Trevor posted on
Thank you so much Adam, Apologies if I'm being a little dumb, but how do I provide the title number directly to you, without it being broadcast to everyone in this blog as a post? - is there a way for me to initiate a direct conversation with you?
Comment by AdamH posted on
Trevor it’s a blog so no DM option. If you want to query things then use our contact form
https://help.landregistry.gov.uk/app/contactus_general
Comment by Trevor posted on
Thank you for clarifying Adam, I have used the "contactus" form to submit the question and provided full details together with uploaded documents.
Comment by Phil posted on
Hi
I have a quick question regarding how and when the register of title is updated in relation to a house sale and in particular when there is a charge registered to the property. Is it normal practice that there would be 2 updates to the register of title in quick succession shortly after the property sold ?, the first update only removing the registered charge but the original proprietors name remains unchanged and the second update recording the new proprietor ?, or would it be expected that there would usually only be 1 update to reflect the new owner ?. Essentially im trying to understand in this example if the registered charge being removed is directly in relation to the sale of the property or if the charge / mortgage could have been removed / paid before the sale of the property ?
Thanks
Comment by AdamH posted on
Phil - we don’t know the order of such events. We only know when an application is made to update th3 register.
So if a property is sold and the sale monies pay off the mortgage we may get the discharge application first or it may come in after the purchaser’s application or both are made as a single application. There are procedures to follow in each scenario so either can happen and it really depends on the lender and/or the conveyancer involved
Comment by Graham Duthie posted on
Hi
With help gleaned from this excellent blog and various other places I'm submitting Forms AP1, TR1, and ID1 to HM Land Registry to have a name removed from a leasehold deed on which I have "title absolute". The HM Land Registry entry doesn't have a Part C. Part B (Proprietorship Register) contains 1 restriction:
"Except under an order of the registrar no transfer by the proprietor of the land is to be registered unless there is furnished to the registrar a certificate signed by a solicitor that the Transferee has complied with the terms of Clause 4 of the Deed dated 26 July 1995 made between ... [me and my neighbour]"
Apparently all I need is a "certificate" that complies with the requirements of the restriction. Does anyone here know how/where I would get/create this certificate? Or do I need to contact a solicitor about this?
Comment by AdamH posted on
Graham - you need a solicitor to provide the certificate
Comment by Graham Duthie posted on
Hi Adam
Many thanks for your speedy, and out of hours, response. I was hoping I could do DIY conveyancing (simple requirement, nothing in dispute, no money changing hands or any other consideration). Clearly that's not the case. Oh well ....
Yours Gratefully
Graham
Comment by Ben Barton posted on
I live in a flat (one of 2 flats in a converted house, each with a lease) and the flat owners share the freehold of the land and building, with three owners being named as 'Proprietor' in Part B - two being the owners of the other flat and the third being me.
There is a restriction in Part B of our freehold title, which says the following:
"Except under an order of the registrar no disposition by the proprietor of the land is to be registered unless a certificate signed by the registered proprietor for the time being of Title [number of neighbouring house's freehold title] has been furnished that a Deed of Covenant with such owner as provided by clause 13.8 of the Transfer dated [xx xxx 2001] referred to in the Charges Register has been entered into"
If I wish to sell my flat with its lease and also my share of the freehold (thus my name will be removed from the Proprietors definition and the buyer would be added), would this be treated as a 'disposition' for which the deed of covenant and certificate would be required? I didn't have to deal with any of this when I bought the property...
Comment by AdamH posted on
Ben - yes. A transfer is a disposition
Comment by Ben posted on
Many thanks Adam!
Comment by Dr M posted on
Is it possible to update Title deeds for 8 properties on a private development where there’s a restriction in favour of a dissolved maintenance company? We’d like this restriction to point instead to our Residents Association, which is the only entity that has ever managed our estate. The developer’s maintenance company was never actively taken over by the resident owners, and was dissolved by the developer many years ago. It was never active and never involved in any aspects of our estate management.
Recently, the first sale on the estate has seemingly fallen through because these details are out of date.
So, can we amend these details to include the restriction in favour of our Residents Association from this:-
No disposition of the estate by the proprietor of the registered estate (other than a charge) is to be registered without a certificate signed on behalf of XXX Maintenance Company Limited (Co. Regn. No. Xxx) of {address} or its conveyancer that the provisions of the clause 13.5.3 of the Transfer dated 27 May 2004 referred to in the Charges Register have been complied with”.
To this:-
No disposition of the estate by the proprietor of the registered estate (other than a charge) is to be registered without a certificate signed on behalf of Xxx Residents Association of addresses 1-8 xxx
or its conveyancer that the provisions of the clause 13.5.3 of the Transfer dated 27 May 2004 referred to in the Charges Register have been complied with”.
Comment by AdamH posted on
Dr M - I would recommend you seek legal advice first with regards the maintenance company and it’s interest as protected by the restriction.
Our PGs 19 and 19 will assist from a registration perspective but it’s the legal one you need to address first if trying to then change the registered position
https://www.gov.uk/topic/land-registration/practice-guides
Comment by Walter Brooks posted on
Looking for pointer on my issue -
Dealing with my parents Estate, I notice that the property was Freehold when I jointly owned it with my brother, but when we transferred ownership to our parents ten years ago the acting solicitor registered the property s Leasehold, so now the property has two entries on the register. We are at the point of looking to put the house on the market - but is it Freehold as thought or legally Leasehold but no ‘lessor’ ...
Comment by AdamH posted on
Walter - I’m afraid that makes no sense as if there’s a lease someone must have granted it, and they are the lessor.
You need to check what’s registered, a buyer will, and see who is registered as the owner of each title if there’s a freehold and a leasehold tenure
Comment by Walter Brooks posted on
Many thanks AdamH, I have a TP1 form with the Title number from the 2003 transfer with full title guarantee for my brother and myself, and from the information from the £3 searches that are available my brother and I are on the Freehold title (albeit with a different Title number to that of the TP1) as the Registered Owners and with no reference to Lessors (clearly), and yet on the (subsequent) Leasehold title, our parents are the Registered Owners with the short particulars of the Lease, Date, Term, Rent, and Parties being the same as the original Lease. Confusing I know ...
Comment by AdamH posted on
Walter - it can be confusing but it reads as if the freehold (the specific part of a larger title) was transferred to you and your brother. Your parents already had a lease but you’ve never dealt with transferring the lease over and/or determining the lease and merging it into the freehold title.
Comment by Walter Brooks posted on
Many thanks Adam, something to discuss with the solicitor who acted on their behalf.
Comment by Dr M posted on
Thanks Adam,
We can provide evidence to show that the restriction does not protect any legitimate third party interest. Evidence includes legal correspondence with the former directors of the dissolved management company. The former directors were uncooperative and the company was dissolved by them whilst owing the 8 freeholders money. We were thinking of submitting form RX2 on behalf of all owners to modify the restriction in favour of our Association (along with the evidence). Is that the correct way to proceed given our confidence in the legal position?
Comment by AdamH posted on
Dr M - unlikely as it reads as if you are really wanting to cancel it (RX3) and register a new one (RX1). You state there is no legitimate interest so you can’t modify it.
Comment by DrM posted on
Thanks Adam. What I mean to say is that we agree that the restriction should be there, but it needs to point to an updated entity/company. We run the association in the same way as implied with the restriction, monthly contributions are paid and up to date etc.
It can't be that none of us can sell our houses because the restriction currently points to a dissolved company when we can prove that the dissolved company isn't owed anything by us, never had anything to do with our estate management or maintenance and should not be mentioned on our title registers and has no interest (the last house in the development was sold more than 13 years ago).
There must be a way to update the Management Company details on freehold title registers when details of it may change for whatever reason?
Is that what we need to do: cancel the old restriction and request replacement with a new restriction rather than request a modification to the existing?
Thanks for your guidance.
Comment by AdamH posted on
Dr M - yes and apologies if I didn’t make that clear.
Comment by DrM posted on
Thanks so much for the guidance and help Adam, much appreciated.
Comment by Angela Loach posted on
At this stage a very simple question. A colleague has sent me a copy of a register with written details and we do need to get a copy of the title plan showing the boundaries down the line. The Title number starts with ON then 6 numbers. What does ON mean?
Comment by AdamH posted on
Angela - nothing. Just part of the title number which is a unique reference.
Comment by William B. posted on
I am in the process of purchasing a leasehold flat and have obtained the register of title for the freehold owned by the management company and for the leasehold property. On the former, I have noted the information in Parts A, B and C and in the Schedule of notices of leases, all of which seems to be in order. However, at the end of Part C, there is a Schedule of agreements for leases in which the flat is also listed. The date of deed (first column) is 23.11.91 and the party to deed (third column) is a name I do not recognise. What could be the significance of this entry and do I need to do anything about it before exchanging contracts? Many thanks in advance for any assistance you can provide.
Comment by AdamH posted on
William B - it suggests there’s an agreement in place affecting the flat so if you are buying query it with the seller
Comment by William B. posted on
Thank you for your very quick response.
Comment by Jonathan Martin posted on
Great section Adam so thanks for all this information...
My query is related to a piece of land that is routed from my road up the side of a neighbor's property, around the back of myself & 3 other properties
(This was used as a driveway for my property back in the 50s/60s etc when cars were smaller)
On my title register it states 'the land has the benefit of right of way over the roadway'... 'subject to the payment of a proportionate part of the expense of maintaining & repairing said roadway according to the the extent of the user thereof'
All four properties currently use the land for extra garden space & a driveway but my question is...
What does this mean?
Do I own the land?
Am I Charge of the land?
Any information would be great thanks
Comment by AdamH posted on
Jonathan - it means you have a right of way over it. You don’t own it unless you acquired the land at a later date.
Comment by Jonathan Martin posted on
Thanks Adam
So I guess we all own/share the land between the 4 properties?
My neighbor's title states he has an ancillary rights to entry
Is this any different?
Comment by AdamH posted on
Jonathan - you’d need to check what’s registered and to whom to understand that. Ancillary rights would be explained and would be different to say a specific right of way. I would suggest checking what’s registered and then seeking legal advice to understand its meaning in relation to what it is you are trying to establish and understand
https://www.gov.uk/get-information-about-property-and-land