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Posted Sat, 11 May 2024 09:50:15 GMT by Samuel Claxton
Hi,

As part of my sale I recently went through a lease extension which was completed just over a week ago. Sadly at the same time the Land Registry applied a Unilateral Notice to my leasehold that applies to the Freehold of the development I live in which is further delaying my sale and putting it at serious risk of falling apart. I understand this was done by the Land Registry without any request from the Beneficiary of the UN (mine is the only Leasehold out of over 100 that has had this UN applied).

The UN relates to a Section 106 Agreement between the developer and the council and does not apply to individual leaseholds (just the overall Freehold of the development). I have confirmed this with the council who are the Beneficiary of the UN who also confirmed they wouldn't object to the UN's removal. 

I have a number of related questions:
  1. My lawyers have already submitted a request to have the UN removed from my title (TGL616054) - can you confirm this has been received, expedited and letters sent to the Beneficiary?
  2. Can you confirm the quickest way to have the UN removed? Would having the Beneficiary themselves request that it be removed speed the process up? I also have an email from the Council confirming they would not object to its removal.
It is crucial that I get it removed quickly as otherwise my sale will fall apart which given it should never have been added in the first place would be hugely frustrating.

Thanks,
Sam
Posted Sat, 11 May 2024 10:22:05 GMT by Adam Hookway
Hi Sam - I'm sorry to read of the issues you refer to. 
The application was submitted on 9th May, processed and notice issued to the beneficiary, the council, on the 10th. 
It's always 'better' if a beneficiary applies for removal but let me speak to the casework team to confirm what's happening as if the circumstances are as described then there maybe a way of removing it and simply letting the council know that we've done that
I'll post again Monday morning to update you
Posted Sat, 11 May 2024 10:30:20 GMT by Samuel Claxton
Hi Adam,

Many thanks for responding so quickly - its a great relief that it was processed and issued so quickly.

Do you know the address it was sent to at the council? If so it would be useful as I can ask my contact there to inform the relevant people about the background.

If it would be helpful for your discussions with the casework team for me to share documentation / evidence of what I outlined above I am more than happy to (kind of desperate to do anything to speed it up). I have copies of the Agreement referred to in the UN and an email response from the Council's Section 106 team confirming that it wouldn't apply to my leasehold and hence they wouldn't object to the removal of the UN.

Best,

Sam
Posted Sat, 11 May 2024 10:58:31 GMT by Adam Hookway
Sam - we use the details as per the register itself. No need to provide anything extra at this stage - less can often mean more here and trying to involve multiple parties can cause extra delays. In my experience better to hold fire, especially on a weekend, until I know more on Monday morning
Not trying to be difficult but there's always a process to be followed re such things
Posted Mon, 13 May 2024 08:11:29 GMT by Adam Hookway
Morning Sam - the application has been completed and the Notice removed. Hopefully you can now move matters forward from here in a positive fashion. 

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