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Posted Mon, 15 Jan 2024 20:03:33 GMT by Philip Catlow

I am executor ( with probate ) of my late mother’s estate and will be selling the house. The garden has two parcels of land we are claiming adverse possession on. One is registered and the other unregistered. The value is less than £6000. The freehold of the house was purchased in 2013 but the lease was never merged. I have a few questions about the forms.

Q 1 AP1 & FR1 panel 6 – can I put my late mother’s name here so that the two parcels will be part of her estate and can be sold together with the house as one package of three titles ? As I understand it the applicant should be the person who has been doing all the squatting and is thus given the titles. As executor I am merely “assisting” her filling in and signing forms on her behalf.

Q2 Panel 14(2) would not be needed for values less than £6000 -is this correct ?

Q 3 AP1 to merge the freehold/leasehold titles, but which panel do I use to request the merger ? is ID needed ?

Q 4 The freehold was bought for £1400, is this the value in panel 4 if so being less than £6000 ID1 is not needed

Q5 Must a certified copy of a multi page document be certified on every page ? Guidance to filling in form AP1 panel 5 seems to say I can certify a copy of a document myself, is this correct

Q6 To confirm the correct forms and cost

unregistered land ST1+FR1+DLx2 £130

registered land (schedule 12 para 18 ) ST1 +AP1 £130

merger titles AP1 + copy of lease + ID1 £40

Thank you Philip

Posted Tue, 16 Jan 2024 08:09:51 GMT by Adam Hookway
Philip - I'll do my best to answer your multiple Qs but the mix of registered and unregistered and dealing with your deceased Mother's property would always prompt me to recommend that you seek legal advice also
1. The applicant is the name of the person you are applying to register as the owner. That would not be your sadly deceased Mother. As she has passed away you will need to apply to register the land/property as appropriate and I assume n your name as her beneficiary. Our online guidance will assist you re what is required
2. If the value of the land is less than £6K then ID evidence is not generally required
3. If you are applying for merger then panel 4 of the form AP1 would be the place to request that. ID verification is not needed for a request to merge.
4. I assume the freehold is already registered in her name so the value you refer to appears not to be relevant. What is relevant is how the legal ownership of both the freehold and leasehold titles is to be dealt with and by whom. Again, if you are the beneficiary I would suggest you need to consider making an application to transfer the legal ownership to yourself and requesting merger as part of the same application as appropriate 
5. GOV.UK provides guidance on how to certify a document. Each page does not need to be certified and we may accept certification by the person submitting the application
6. As it seems very likely you will be transferring the freehold and leasehold into your name and merging before the purchaser will complete there would be no additional fee for the merger. You would be paying a registration fee for the Transfer of ownership
In no way to be challenging but simply to flag the need to consider matters further, on the face of it you have a broad understanding of what is required but your start point of trying to register your late Mother as the claimed land is incorrect. 
Your buyer will not complete I suspect until the registrations are resolved and the mix of leasehold, freehold and claimed land straightened out. To that end I would again recommend seeking legal advice primarily with regards the claimed land but also with regards registering the ownership in your name as the beneficiary. 
In a normal sale of a freehold/leasehold house the buyer would invariably be able to rely upon the registered titles plus probate. However the additional land and the need to register a claim complicates matters and I suspect you will need to register everything in your name as the beneficiary before a buyer will complete. That is though where your legal advice must come in
I hope that helps 
Posted Tue, 16 Jan 2024 13:49:46 GMT by Philip Catlow

Many thanks for your reply much appreciated .I would not attempt this without the Land Registry PG's and this forum.If I get stuck I can go to a solicitor but at the moment I enjoy the challenge !    Philip

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