Expedited Application Clarity

Hi there, I am seeking some clarity on the expedited application with LR reference U997GJT.

I'm in the process of purchasing a property which has been much delayed due to an issue with the title plan where it is shown slightly shifted from the correct position. The solution to this problem was said to be an application to amend this plan which was submitted on 19th March as an expedited application. Land Registry raised a requisition in reply to this that required the consent of a neighbour before amending the title. This consent was provided at the end of June. As of now, the latest status of the application is that "Notice's" were issued on the 18th July which expire on the 8th August. 

I'm seeking clarity on several points. Firstly, why has further notices been issued, and to whom? It was my understanding that we have provided everything required on the matter to amend the boundary. This is further adding delays which are impacting other aspects of the sale.  

Second, the whole process has been frustrating as the misalignment of boundary appears to be due to a Land Registry error and nothing more. When inspecting the title plans of neighbouring properties, the property is shown in the correct location and it is simply incorrect in the title plan of the property itself. Surely this whole issue can therefore be resolved quickly with no consent needed from any third party? 

It would be great to have some better understanding of the matter, as it appears (at least from my somewhat naive position) that it is a relatively simple issue, and so why it has taken so many months is source of deepening frustration.

Thanks
 

Hi Henry - we often have to serve notices to protect the interests of others, inc any mortgage lender(s) and that is what has happened here re the neighbouring title. We can't simply amend a title without confirming the agreement of those directly affected by such a change.
On paper such things can appear to be very simple but very rarely is as there is more than one party involved and all have to be given time to consider and agree on the impact of any amendment.

Hi Adam, 

Thanks for the very quick response and thanks for the clarity. So if I'm understanding correctly, the procedure now is to wait until August 8th at which point, if no responses have been raised by then, the boundary will be amended and the house sale can proceed? Or will there be further steps after the 8th to go through?  

Thanks

Hi Henry - that's broadly it. If they come back sooner and consent then it can usually go ahead sooner. But as it's the neighbour and lender involved both responding ahead of time is less likely. Once the notifications expire then things normally complete within a few days.

Hi Adam, 

Thanks for this info, it's really useful. Can I clarify - when you say "If they come back sooner and consent", are you referring to the party who had to provide consent to begin with? If so, will they have been contacted directly by LR and by what method? Do LR contact mortgage companies directly in this scenario too? 

Henry - those who we have notified, so the neighbour and their lender.
We contact them using the contact details provided to us and that appear on the register

Adam - Ok great. If the neighbour has already provided consent, as per the initial LR application requisition, then is that to say we're simply waiting on a response from their lender? 

Henry - we are waiting for responses to our notifications, correct.
We often get 'consents' etc submitted with applications but we may also carry out our own checks as well to confirm 
So we are waiting on replies from the neighbour and lender as mentioned

Good morning Adam,

I'm just wondering an update on this case. As today is the deadline for the notice period (8th Aug), does that mean we are waiting for the end of the day to pass and the work to amend the title actioned tomorrow? Or can work be actioned today? 

Thought it was worth probing, as we are racing to complete before the end of August and this title plan is the sticking point, so anything you can possibly do to help push this through asap would be hugely appreciated. 

Thanks,

Henry

G M Henry - they expire after Noon today so the case will be reviewed then so could be today/tomorrow in my experience depending on available resource. It's manual and not an auto-process
AV120341 

Hi Adam,

Are you able to tell if this case has been reviewed as yet? 

Thanks :) 
Henry

Henry - it has but unfortunately one of the wider checks was returned undelivered and we have to reissue in such circumstances. That check is with the lender involved and they now have until 30th August to respond.
Clearly not what you were hoping for but our hands are tied re such matters 
AV120341 

Thanks for the information. I'm confused, as I thought the point of the deadline was to offer a period of reply, which has now elapsed. Am I to understand that whilst we now have to wait until the 30th, if they continue to not reply then we'll be waiting indefineitly? 

also sorry, can I further clarify, the title number for this is application is AV127056, not AV120341

Henry - never a need to apologise. There are two titles involved in the application so the reference (ABR U997GJT) relates to AV127056. But the one I am quoting is the second title against which the wider checks have been triggered - I include it to enable me to check progress etc 
You referred to a 'shift in position' re the title plan in your original post. Such a shift will invariably affect another registered title so any application to amend/remedy such things will always impact on more than one title as a result. And we can't amend one and not the other so matters can't complete until both titles are resolved as per the actual application submitted

Thank you so much for the explanation, and patience. Finally, what happens if no further response is given by the 30th? Does it just get extended again? 

Henry - if no reply then I'd expect the applications to be completed and the changes made. But we have to give them time to respond as they have a mortgage secured on the second title/property

Hi Adam,

I've spoken with the owner of the adjacent title, they feel they & their lender have already given their full approval of the changes, these were submitted as part of the application. Further, the lender has given previous approval when the land was initially split between the two titles several years ago. The owner is therefore unsure of how to provide anything else on the matter, or explain to their lender what is required. 

My question is would you be able to ascertain for certain that this deadline of the 30th is the final deadline, and the application can proceed after that?

I'm asking this as the owner feels they've done all they can, they and their lenders have approved, and further the owner also lives abroad so communication is not straightforward. If it is a case of simply Land Registry making sure all parties have been given fair warning, then waiting for the 30th is not a problem. However, if this case cannot move forward until an explicit response has been given, this could then be problematic. 

Thanks for your continued support on the matter,

Henry 

Hi Henry - whilst paperwork can and often is submitted as part of the actual application we are required to carry out certain checks in specific circumstances, as is the case here.
That means we contact the parties involved and they can then respond to the received correspondence. So it's not a case of being unsure as to what else they can provide as it's a response to the correspondence they receive that counts
If, and this can happen, they choose not to respond then the time runs out on the 30th as mentioned. They either all respond positively or the 30th is the deadline after which hopefully matters can then conclude

Ok. Well as I mentioned, the owner resides internationally. They have provided an email correspondence as part of the application I believe, but they have told me yesterday they have not received any contact from LR. If the correspondence is done via post then this will be why. 

If things will be progressed after the 30th regardless, then that's probably the fastest way forward. Unless of course LR can communicate using electronic means.