Long delays with Land Registry, what can be done?

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  • Madmax86
    replied
    Originally posted by pilman View Post
    Surely if a transfer deed has been completed then the ownership had already been transferred into joint names as from the date shown on the deed.

    The other date on which it can be shown that ownership changed hands would be the date when Land Registry received the application from your solicitor, as that will be the date shown eventually when registration is completed. Although there will also be a reference to when the transfer was dated.

    Your solicitor who probably uses electronic application will be able to confirm when the application was made.
    The example below is from a current Register of title that shows the relevant dates.

    That is confirmation that the application to register the new owners was received on 7th February after the deed was executed on 19th January.

    There is no indication as to how long it took Land Registry to complete the paperwork received with the application, as that is inconsequential, so you need not be worried by the time taken to deal with your application.

    Update to this thread, I've now received my confirmed title doc from Land Registry due to persuading my solicitor to expedite the case with LR. I got it done the following day!

    Pilman you are 100% correct, there is no mention of the date it was confirmed by LR, only the registration date, which was in January! My solicitor had dated the TR1 form and submitted it that same day. So I could have done the deed of assignment any day since then!

    Another example of solicitors getting things wrong.

    Hopefully this post is useful for others wanting to do similar.

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  • Madmax86
    replied
    I didn't want to define the split in the deeds. If I want to change it in future, it's easier to do without going through LR.

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  • Lawcruncher
    replied
    Originally posted by Madmax86 View Post
    I didn't want to do the transfer on the title level in case I wanted to change it in future.
    Can you expand on that?

    Leave a comment:


  • Madmax86
    replied
    Originally posted by pilman View Post
    If you mean to transfer part of your 50% to your wife the deed of assignment will be valid as soon as you sign the the deed and have it witnessed.
    Just to clarify... When I signed the deed and had it witnessed, the date on the deed was blank. So I'm guessing I should find out from the solicitor when the deed was dated and this is the date you refer to?

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  • Madmax86
    replied
    I didn't want to do the transfer on the title level in case I wanted to change it in future.

    Leave a comment:


  • Lawcruncher
    replied
    The transfer could have included an assignment of 99% of the beneficial interest.

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  • Madmax86
    replied
    Originally posted by Lawcruncher View Post
    I think you have one unnecessary step in there.
    Please do elaborate...

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  • Lawcruncher
    replied
    I think you have one unnecessary step in there.

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  • Madmax86
    replied
    Originally posted by pilman View Post
    If you mean to transfer part of your 50% to your wife the deed of assignment will be valid as soon as you sign the the deed and have it witnessed.

    If you mean to transfer all of the 50% share to your wife then there was no point in transferring the property into two names. You could have just transferred it into your wife's name immediately.

    All in all it seems that your solicitor is being overly picky, which is no doubt reflected in a higher than normal bill.
    Yes it is the first one, I intend to transfer part (49% to be exact).

    Thanks for confirming, I will raise it with my solicitor. This wouldn't be the first time a solicitor has got things wrong!

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  • Madmax86
    replied
    Originally posted by Lawcruncher View Post

    The above does not quite make sense to me.

    Was the starting point that you were the sole owner of the property and then transferred it yourself and your wife as tenant's in common in equal shares?

    What is the assignment purporting to do?
    Yes correct.

    Once the above is complete, I will assign to my wife 49% of my share so she will own 99% of the beneficial interest.

    I have made a few posts on here regarding this matter, in a nutshell...
    1. Get my wife added to the mortgage and property title as Tenants in Common
    2. Get a Declaration of Trust drawn up giving her 99% ownership.
    3. Submit a Form 17 to HMRC within 60 days

    Leave a comment:


  • pilman
    replied
    before assigning my share to my wife via a deed of assignment.
    If you mean to transfer part of your 50% to your wife the deed of assignment will be valid as soon as you sign the the deed and have it witnessed.

    If you mean to transfer all of the 50% share to your wife then there was no point in transferring the property into two names. You could have just transferred it into your wife's name immediately.

    All in all it seems that your solicitor is being overly picky, which is no doubt reflected in a higher than normal bill.

    Leave a comment:


  • royw
    replied
    They're probably all 'working' from home.

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  • Lawcruncher
    replied
    Originally posted by Madmax86 View Post
    This is very interesting and I really hope this is true.

    It does make sense however I have been advised by my solicitor to wait until the transfer is complete (confirmed by Land Registry) before assigning my share to my wife via a deed of assignment.

    On page 1 of the deed of assignment (I have already received the draft), it states the following...

    "The Assignor and the Assignee are the joint legal owners and each hold a 50% share in the Property.
    The Assignor wishes to assign a portion of their share to the Assignee on the terms of this deed on the
    date of this deed."

    Now that isn't technically true right? As technically my wife is not yet a joint legal owner?
    The above does not quite make sense to me.

    Was the starting point that you were the sole owner of the property and then transferred it yourself and your wife as tenant's in common in equal shares?

    What is the assignment purporting to do?

    Leave a comment:


  • Lawcruncher
    replied
    Originally posted by SouthernDave View Post
    So how come you have to wait 2 years from the date of registration to extend a lease, rather than the date of sale?
    Because of the "registration gap". You do not have legal (as opposed to equitable) title to land until you are registered. If it were otherwise the system would be undermined as there would be no incentive to register. There are potential problems with certain dealings as to which see this page: https://www.pdt.co.uk/thought-piece/...gistration-gap. The problems could easily be remedied by legislation. Despite the problems, once a transaction is completed, the transferee is for most practical purposes the owner and certainly has a beneficial interest in the property.

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  • SouthernDave
    replied
    Originally posted by Lawcruncher View Post
    As Pilman says, the date of the transfer is the date when the beneficial interest was transferred.
    So how come you have to wait 2 years from the date of registration to extend a lease, rather than the date of sale?

    Leave a comment:

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