Application to correct title plan

Hi,

We have been waiting 9 months for an application to be submitted to correct the title plan. Our mortgage offer expires on 23/12 and we will have no where to live. Please can this be pushed through as a matter of urgency?

HM Land Registry reference: L197MRT

Hi Bailey - it was submitted yesterday and has been expedited. Expedition means it should be processed asap, generally within 10 days, but everything then depends on it being in order. Suggest you post again next week for an update
SYK715703

Hi,

I have looked online but it says application cancelled. Is this correct please can you help?

Hi Bailey - that's correct. It was considered asap as per the expedite request but it has then been rejected and the conveyancer informed as to why. You should contact them to understand why the rectification cannot happen in the way applied for. Hopefully they can explain and provide you with an alternative way forward 
SYK715703

Hi 

thank you for your prompt response! They have stated they have been asked to submit at TR1. However, we have also been advised that this is not the case.

Can you confirm please and submit this to management to review as soon as possible?

thanks in advance 

Hi Bailey - the rejection letter explains that a rectification of the title is inappropriate. When a legal deed has been registered you can't then seek to rectify the situation through a deed of rectification. You have to do a further transfer for example. 
Looking at the Deed of Rectification it appears to be trying to replace/amend the plan used on the now registered Transfer. That's not now possible so if the wrong land was for example transferred and registered in order to rectify that the now registered owner would need to transfer land back. 
The rejection letter does not state the type of transfer, TR1 or TP1, but simply that a transfer is the only way of putting it right. 
Our PG 39 explains how and when rectification might be possible and section 1.2 is specific guidance on the above
Practice guide 39: rectification and indemnity - GOV.UK

Thanks for confirming. The current owner is the registered proprietor for the adjourning property too (or should be once application next door has been processed). Does this change things?

if so, can we expedite the adjourning property

Bailey - the fact that a deed of rectification doesn't solve the issue won't change. If the land is now registered to someone else whoever owns it now needs to transfer it to correct/rectify the mistake 
Once the current registered owner has transferred it then the application to register that can be expedited 

In relation to the land that needs to be transferred, it is not under a registered title. I believe there is an application to do with the adjourning land so how can it be transferred? It is also the same owner of both properties.

Bailey - Numbers 32 & 30, which I believe are the two properties concerned, are both registered. 30 is the subject of it's own pending application to register the plot transfer. 32 is already registered and if I have understood correctly the extent of land transferred back in January was wrong. 
Number 32 has a parcel of land that should belong to 30 and vice versa. The Transfer that is required is of the 'wrong part' currently included in Number 32 and which needs to be transferred.
The conveyancer dealing with the purchase of Number 30 is presumably aware of and involved in resolving the matter as well as they will need to consider what action they also need to take re the 'wrong' extent included in their client's transfer 
I would recommend relying on your conveyancer here to clarify what's happened and how they now propose to rectify things through an appropriate land transfer
 

Hi

we have had ongoing issues for 9 months so we are trying to work out the way forward so we have a property we can live in. 

number 30 (current title) does not have any plan associated with the registered title as the transfer of the actual property has not been transferred (of part). As such, there is no way to transfer that part of land? Both properties are owned by the same owners or will be when the application for number 30 is processed.

does number 30 not need to be expedited to show that part of the land on the title plan? Then to be able to transfer the section to number 30, vise versa?

Hope this makes sense 

Or can the application for number 30 be cancelled and amended? Currently the part that needs to be transferred to number 32 is unregistered (30 does not have a title plan)

Hi Bailey - that's the decision the conveyancer re Number 30 and the registered owner has to consider and decide on. The registration of Number 30 is pending and waiting to be processed. The application includes the plot Transfer so if that Transfer plan needs amending they maybe able to withdraw the current one and replace it with a new legal deed for example. 
All the Qs you are asking are ones the conveyancers, developer and council will need to discuss and resolve for you

Hi, I appreciate that. In terms of the land registry being able to process what needs to happen however, if 30 has the application withdrawn and the correct transfer plan is submitted, then there will be a small piece of land (that should be for 32) unregistered and doesn’t exist. 
 

would it be correct that the Land Registry could deal with the amended 30 application and transfer of part of 32 at the same time to rectify the problem?

Hi Bailey - the land is all registered and does exist. If the registered owners/conveyancers do as you suggest then yes it can all be done, and I'm sure it would be anyway to avoid any confusion, at the same time.
Please do speak to your conveyancer as the onus is on them and the neighbouring conveyancer to now resolve mnatters to ensure each property ends up with the correct registered extent