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Posted Sat, 23 Nov 2024 01:33:59 GMT by Emma Baillie

I am unable to progress my house sale because the house is under 18m old and not shown as registered. The conveyancer has put in for an expedited application but this cannot be processed if there are “outstanding applications”. What does this mean? My one will involve changing the developers title(s) to a title for just this plot. There are about 50 other plots not registered yet on this estate, none of which I can influence and some plots aren’t even sold yet. Is my application going to get held up (thus losing the sale of my house) because other peoples plots need dealing with in turn? That can’t be fair legally that I can’t sell my house due to other people’s legal processes that I have no influence on surely?
 or. does an “outstanding application ” just relate to paperwork for this particular plot?</p>

Posted Tue, 26 Nov 2024 08:34:30 GMT by Adam Hookway
Hi Emma - 'outstanding' means that there are prior applicaitons against the same seller's title that have 'priority' over your application - see Priority - what does it actually mean in HMLR terms? · HM Land Registry
Posted Wed, 27 Nov 2024 19:20:53 GMT by Emma Baillie
Thank you. I had read that thread before posting, and this led me to ask the question.
I guess it depends on the exact situation because our new(ish) house sits on at least two original developer titles., So rather than try and understand this generally am I able to get an update on our expedited request instead please? 
Enquiry Reference: 241112-4022362 Application Reference: FC5D8C6 Title Number: ON383174

we are now past the 10 working days. Buyer is likely to pull out if I can’t sell quickly. 
Given my legal rights of ownership are said to be protected on purchase, it doesn’t feel like that if a house sale falls through as a result of a delay. Appears ok to buy a new house with all this pending but not ok for me to sell it 🤷‍♀️
Posted Thu, 28 Nov 2024 07:45:39 GMT by Adam Hookway
Emma - noted and appreciated. The 10 working days refers to the general timescale within which an expedite might start to be processed. It doesn't mean it will be completed so expedition gets it to the processing start line but how long the race is will depend on what else has 'priority' and if it's all in order of course.
The selling/buying issue often depends on the buyer's lender and their view of the 'risk' created by not having a completed and clear registered title. Clear as in nothing pending that might affect. Many sales/purchases complete whilst a registration is still pending but some don't due to that 'risk profile' with the lender.
Once expedited the casework team have to consider each of those prior pending applications against the developer's title to see if they affect your plot purchase and if they do in anyway that will delay matters as they need to be processed/completed as well. There are currently 16 prior applications although I suspect the majority won't affect as they are, like yours, plot sales that follow a generic template re sale/purchase and plot transfer 
Your conveyancer will understand the issues involved and be able to explain in more detail as to why the buyer for example won't/can't complete on the onward sale/purchase
I'll contact the casework team for an update as well to see if they can offer a steer as to possible timescales 
ON383174
Posted Mon, 02 Dec 2024 16:50:06 GMT by Emma Baillie

Hi is there any update please? I had this escalated last week (or thought I did) due to the risk of losing the sale.
We rang today and there was no mention of the escalation last week so someone said they would escalate it today. Starting to think we were stuck in a loop of continual “expedites” and “escalations” but no actual information to work on. 
My buyer will pull out soon and we will be back to square one at financial cost. 
My solicitor has zero interest in chasing anything so I can’t rely on updates from them. 

Posted Wed, 04 Dec 2024 08:47:12 GMT by Adam Hookway
Hi Emma - it can be very stressful and I do appreciate how it can feel that nobody is doing anything to try and move matters forward/help.
Escalating matters can and does happen but the real issues lie with the significant number of pending/outstanding applications submitted prior to your own as explained.
I have checked with the casework team and they are doing all that they can to keep matters moving and progress the prior and your own application. 
Unfortunately an issue remains with regards the seller's original application to register their own purchase and this is a key aspect that needs to be resolved. Whilst numerous (over 100) plot sales have then completed, inc the one you are chasing, without that application being resolved onward sales are very likely to be held up.
To be fair to your solicitor there is nothing they can effectively 'chase' and I suspect they are aware of the priority/pending issues and know that waiting is the only real option currently.
I'll make a note to check again at regular intervals re progress but there's unlikely to be a swift fix until we can resolve the issues re the seller's title and a couple of additional updates applied for.
The casework team are well aware of the urgency involved and are doing the best they can to keep things moving
ON383174
Posted Wed, 04 Dec 2024 08:54:50 GMT by Emma Baillie

Adam thank you. That’s more than I knew before so much appreciated. Given I live less than 100m away from the developers office is there anything I can do to chase? If they are still selling houses to people that are now effectively unsellable because of their paperwork issue then that sounds like an injustice that I should be able to raise with them. 
There are other houses on the same 2 titles already registered, that haven’t had this issue. 
I will contact my solicitor again but their response has been “no information at all” thus far. 

Posted Wed, 04 Dec 2024 10:27:26 GMT by Adam Hookway
Emma - you can but ask/try although I suspect the Developer's office may not be aware or able to assist but anything is worth asking to at least see if they can flag with the conveyancer as appropriate. 
I don't think it would be an 'injustice' as you put it as it's really a conveyancing/lender process issue that's impacting here which has been exacerbated by our delays in processing no doubt. 
Other plot sales/transfers have been registered in the road but these are out of a different parent title. Same developer but different parent title so a different set of issues I assume. It can often look like one large development so al should have same progress/issues but that's not always the case when a site has been created out of a number of different registered titles. 
I doubt if your solicitor is going to be able to do too much or assist at this stage as their hands are simply tied and doubtless they have already contacted the developer's own solicitor to ask for assistance.
Whilst I can't offer an instant solution here I would suggest staying on the case with whoever you are in touch with but with the caveat that the ball is very much in the developer's court along with ourselves. Nobody else is going to have a viable solution at this stage. 
ON383174     
Posted Wed, 04 Dec 2024 11:41:25 GMT by Emma Baillie

Thanks Adam. 
Are you able to at least confirm if it ON315991 that is the issue please? 
(my house sits across this and ON361107)

Posted Wed, 04 Dec 2024 12:03:25 GMT by Adam Hookway
Emma - the application is affecetd by both titles and the 'issue' is across both titles as owned by the same seller.
Posted Wed, 04 Dec 2024 12:04:22 GMT by Emma Baillie

Ok thank you ☺️ 

Posted Thu, 05 Dec 2024 18:34:06 GMT by Emma Baillie
Adam, 
Thanks again for being my best source of info, and apologies for keep asking questions. I’ve read other threads and you are clearly a legend for many people’s stressful situations, 
 I spoke to the developers and they have been very keen to assist and are speaking to their conveyancers. However they are equally confused as me. My house straddles across exactly the same two parent titles that no 2-14 in our street do (All of which are registered). ON361107 and ON315991
I am also currently staring at all the Land Registry documentation that was pulled when I purchased the house that shows the ownership of both titles back several years and shows Elgin Investments as purchasing both plots of land at different times (for the same amounts of money to the pound on the same dates that are shown on your site where they are listed as land plots still). 
I then have the transfer form where I purchase this plot off “Elgin Investments” (Which is not an issue but shows who my seller is)
I’m clearly not a qualified conveyancer (but my conveyancer clearly doesn't problem solve) but I do know how to investigate similar and it looks pretty clear who owns the 2 titles and the continuity of ownership is there. (I haven’t gone back 15yrs but could do if so inclined) 
if I’m barking up the wrong tree and your case workers need something that isn’t evidence of the developers ownership of these 2 parent titles are you able to be more specific please so I can signpost the developers to what is actually missing?
Given my conveyancer cannot or will not access the portal and cannot speak to the case worker, I’m asking here so sorry.
i take on board you said I have to sit on my hands but I’m not gambling my financial risk on third parties outside of LR being invested in sorting this quickly, and I have the developer willing to help sort this. Hence the ask. Again sorry for being needy. 
Posted Fri, 06 Dec 2024 09:27:46 GMT by Adam Hookway
Emma - no need to apologise and you are right to be as proactive as possible.
The current delay doesn't relate to an ownership issue re the name mentioned but is as a result of a 'complex' scenario re the various titles affecting the wider development. There are over a 100 other applications similar to your own and also delayed as a result. Not all are out of the seller's titles you refer to but they are all linked by the complexities involved.
The current delay is with regards a much older application lodged by Brecher re their client Heyford Park Developments Limited and on which correspondence has been in play for some time. Whilst the application is not against the two specific seller's titles you refer to it is part of a complex web of applications that are affecting one another. The latest letter from us has advised them that if they don't respond by the 13th December we will proceed with the registrations.
Once that application has been completed there are then two further applications to be processed and which affect the developer's titles before the later plot sales can hopefully be registered. If that happens then it will hopefully mean that your own plot purchase can be registered 'out of sequence' so the normal priority rules are waived. 
The casework team involved in processing the earlier applications are fully aware of the urgencies involved but there are a few more hurdles to get over before things can move forward re your specific plot purchase. None of the hurdles relate to the ownership points you make. 
ON383174     
Posted Fri, 06 Dec 2024 09:48:06 GMT by Emma Baillie

Adam

ok thank you. From a strategic perspective it seems crazy that circa 100 people with no doubt 100 different conveyancers all doing their own pre purchase due diligence on this wider plot,  haven’t picked this up.
And if they were never expected to have picked it up then there’s something not right here to leave all of us potentially in a situation where we cannot release our assets as a result. 
However not something either of us can resolve. 
This info gives me a light at the end of the tunnel for our purchases so again appreciate the detail here. 

Posted Fri, 06 Dec 2024 10:09:34 GMT by Adam Hookway
Emma - things tend not to work that way as whilst a lengthy delay in processing the individual plot purchases the vast majority aren't then selling on so no need for them to 'pick up' on the delays. Most would be oblivious to the complexities involved re the actual development itself as all you can now see are all the houses in place and built and being lived in and of course now being sold again
Unfortunately the 'tunnel' can be a very long one currently and hopefully as you put it there is some light appearing 
The casework team will update me asap after the 13th and hopefully the next steps can be taken quickly and decisively 
ON383174
Posted Fri, 06 Dec 2024 10:11:30 GMT by Emma Baillie

Thank you 

I really do appreciate the detail here 

Posted Tue, 17 Dec 2024 07:12:39 GMT by Emma Baillie
Good morning. 
I appreciate the 13th was only Friday but are there any updates on the next phase of this progressing please? 
Thanks. 
Posted Tue, 17 Dec 2024 08:36:14 GMT by Adam Hookway
Good Morning Emma - the Brecher application I referred to previously has been completed (yesterday). I'll check with the casework team to get an update as to what that now means re other prior applications and will share once received.
I must stress that I am not expecting a sudden rush through the other applications but will stay positive until advised otherwise.
ON383174
Posted Tue, 17 Dec 2024 13:45:42 GMT by Emma Baillie
Ok thank you. Standing by for an update :)
Posted Wed, 18 Dec 2024 10:36:53 GMT by Emma Baillie
Adam, 
Can i just double check that any "economic transparency" issues with the developer have been solved as part of the Brecher application mentioned above? 
It is clear to see from a few simple checks that the plots paused being registered when new legislation came in, in Sept 22, and that this would be relevant to the developer in question. 
 

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