DS1

Hi. I have been provided with a copy of DS1 by Farrers & Co on behalf of the Duchy of Lancaster to cancel a charge on my property.  Can you let me know the timelines for this to be processed once it has been submitted and the charge removed from the register?  

It looks like a DS2 also needs to be completed and submitted at the same time. As the homeowner, am I able to complete DS2 or does that also need to be completed by Farrers & Co?  

Thanks

Joanne

Hi Joanne - it's likely to wait several weeks before processing starts. Wider checks will also then be needed so you are looking at a lengthy wait.
If there's an urgency such as a linked/dependent transaction then once it's been submitted a request to expedite it can then be made to shorten the wait time. The wider checks will still be needed
You can complete and submit the DS2 but we would need you to have your identity verified - as such it might be prudent to ask Farrer & Co to make the application 
Request an expedite - GOV.UK

Thanks for your help.

Following your reply we asked our solicitor to submit the form on our behalf to make sure it was done properly.  Are you able to check if this request has now been received by Land Registry -  the title number is GM404425

We do now have a dependent transaction as we have a buyer for the house so therefore keen for the DS1 to be processed as quickly as possible so will ask the solicitor to request this is expedited. 

thanks again. 

 

Jo - nothing received as yet 
GM404425

Hi. 
 

Would you mind checking the status of this again? We asked the solicitor to submit the request to expedite the application last week so hoping this is now received. 
 

I am using a different solicitor for the conveyancing vs the one who has been dealing with the removal of the charge. Will the conveyancing solicitor be able to contact Land Registry to enquire about the status of the removal or does it need to be the solicitor who submitted the DS1 and the expedite request?

Thanks again. 

Hi Jo - received and expedited on 16th July. Case partially processed but wider checks with outgoing lender are now underway. They have until 13th August to respond 
The solicitor can track progress - it doesn't have to be the one who submitted it 
GM404425

Perfect, thank you so much for your help again. 

Morning

Would you be able to check for me whether there were any responses before yesterday’s deadline and then let me know what are the next steps now?

Thanks for your help. 

Hi Jo - As it stands there appears to be no response, however it is possible that there could be something in transit. 

If there is no response then we would proceed with completing the application as soon as possible.  We would normally wait until midday of the next working day of the deadline to respond. 

Hope this helps. 

Thanks for such a quick reply. 

Is it worth me checking in with you again tomorrow just to check that there was no response?  Do you have any idea of the timelines to process the DS1 from that point?  Ideally I would like to give the buyer and estate agent an update on timing. 
 

Thanks 

Hi Jo - Yes, by all means. 

In terms of the timelines, once we are satisfied then the application would be completed in minutes. 

Morning

Would you mind checking again for me this morning the status of the DS1 application? 
 

Thanks 

Good morning Jo - The application was completed yesterday afternoon. 

Confirmation was sent electronically to the conveyancers who submitted it. 

I hope this helps. 

Thanks for this. I just ordered a copy of the Title Register and can see that the DS1 has now been processed and the charge removed. 
 

On the title register, I also see an entry under the Proprietorship Register dated 20 Jan 1992. This related to a previous charge that was removed by Land Registry in 2021. Can you let me know what we need to do to get the related Proprietorship Register  entry removed too?

Thanks

Jo M - The entry dated 20 January 1992 is a restriction, known as Form A restriction, which is usually entered when the proprietors hold the property as Tenants in Common, though it can also be entered in some other situations.   Considering the date when the entry was made it is not possible for me to establish how and who made the application. 

Please refer to the guidance in section 3.7.3 of our Practice Guide 19 on what is required for the restriction to be removed. 

I would suggest you seek legal advice before considering removal of the restriction as it could have some other implications which we would not be aware about. 

Jo M - The entry dated 20 January 1992 is a restriction, known as Form A restriction, which is usually entered when the proprietors hold the property as Tenants in Common, though it can also be entered in some other situations.   Considering the date when the entry was made it is not possible for me to establish how and who made the application. 

Please refer to the guidance in section 3.7.3 of our Practice Guide 19 on what is required for the restriction to be removed. 

I would suggest you seek legal advice before considering removal of the restriction as it could have some other implications which we would not be aware about. 

Thanks. Looking at the date (20 January 1992) it appears this related to a previous caution that was on the property. We made an application in 2021 to get this caution removed and I had confirmation from Land Registry on 1 October 2021 that this had been removed. Are you able to check the records for me to see whether when the caution was removed in 2021, shouldn’t the entry in the Proprietorship Register have been removed too?

Thanks

Hi Jo - The Caution was removed from the title in August 2021.  There was no application to remove the restriction and so it correctly remains on the title. 

Hi, another question please re GM404425.  My sale is now proceeding but the buyers solicitors have advised that the land registry doesn’t have a copy of the title deeds.  I purchased the property in 1985 so not sure why these wouldn’t be on land registry from that time?  Thanks for your help. 

Hi Jo M - the property is registered so the register and title plan (the title deeds) are available. Best query it with them as to what they are referring to as you don't generally need the original deeds/documents as a result 
GM404425