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house title register, is this mortgage or a protection

18 replies

imiami · 21/02/2023 22:52

in the title, shows a few entries, the owner name, 2001 there was a charges register, but 2016, there a restriction entry:

Class of Title: Title absolute
RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the Charge dated 17 dec 2016 in favour of * Building Society referred to in the Charges Register.

thanks

OP posts:
starlingsintheslipstream · 21/02/2023 23:06

It's just connected to the mortgage which appears in the Charges Register. It means you have to get their consent before, eg, registering another mortgage or a transfer of the property. Quite routine.

imiami · 22/02/2023 12:57

Thanks, as in my own house title, the charges register only appears once, so I don't know why in this house, it mentioned again after 15 years, and the wording are different like "restrictions"...
And before this entry:
2001-02-06
The Transfer to the proprietor contains a covenant
to observe and perform the covenants referred to in
the Charges Register and of indemnity in respect
thereof.

OP posts:
Rollercoaster1920 · 22/02/2023 13:04

Covenants are different. You need to get a copy of them to see what they say.

imiami · 22/02/2023 14:10

This is the title register:

Title register for:
address
(Freehold)
Title number: 123456
Register summary
Title number
123456
Registered owners
Peter Rabbit
8 address
Last sold for
£190,000 on 09 February 2001
A: Property Register
This register describes the land and estates comprised in this title.
Entry number
Entry date
1
1972-12-20
being address
2
The land has the benefit of the rights granted by but is subject to the rights reserved by the Transfer dated 17 July 1981 referred to in the Charges Register.
3
The Transfer dated 17 July 1981 referred to above contains a provision as to light or air.
B: Proprietorship Register
This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal.
Class of Title: Title absolute
Entry number
Entry date
1
2001-02-09
PROPRIETOR: Peter Rabbit of address.
2
2001-02-09
The price stated to have been paid on 09 February 2001 was £190,000.
3
2001-02-09
The Transfer to the proprietor contains a covenant to observe and perform the covenants referred to in the Charges Register and of indemnity in respect thereof.
4
2015-11-19
RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the Charge dated 17 November 2015 in favour of * Building Society referred to in the Charges Register.
C: Charges Register
This register contains any charges and other matters that affect the land.

Class of Title: Title absolute
Entry number
Entry date

1
A Transfer of the land in this title dated 17 July 1981 made between (1)

* Development Corporation and (2) John brown and Jenny brown contains restrictive covenants. ¬NOTE: Original filed.

2
2016-12-17
REGISTERED CHARGE dated 10 November 2016.

3
2016-12-17
Proprietor: BUILDING SOCIETY of P.O. Box 888,
Buildings, * Street, address post code.

OP posts:
Rollercoaster1920 · 22/02/2023 14:40

What is your question?

Do you have a copy of the original transfer which includes the covenants?

"A Transfer of the land in this title dated 17 July 1981 made between (1)
Development Corporation and (2) John brown and Jenny brown contains restrictive covenants. ¬NOTE: Original filed."

"Original filed" means the Land Registry has a copy on file, but not on the electronic register you can download. You can request it via (IIRC) an OC1 form for a small fee.

Also as a previous poster mentioned: The mortgage company has two things:

  1. A charge against the property
  2. A restriction placed meaning you can't sell or lease or list another charge without their permission.
imiami · 22/02/2023 19:32

Thanks.
I'm asking the property agent to get the details of the covernants.
if they cannot, how soon can I get it from "(IIRC) an OC1 form" ? is it possible through email or post only?

OP posts:
BathTangle · 22/02/2023 19:38

You can create an account with the Land Registry (make sure you go via gov.uk and not one of the commercial websites). You can then download anything they have by way of documents (covenants, transfers, leases, easements etc) for your title for £3 per document (occasionally they can only be sent by post if they are huge plans but that unusual for a single dwelling).

Sometimes they can be tricky to understand (I do this for a living) but actually getting hold of the documents should be fairly easy.

imiami · 22/02/2023 22:02

BathTangle · 22/02/2023 19:38

You can create an account with the Land Registry (make sure you go via gov.uk and not one of the commercial websites). You can then download anything they have by way of documents (covenants, transfers, leases, easements etc) for your title for £3 per document (occasionally they can only be sent by post if they are huge plans but that unusual for a single dwelling).

Sometimes they can be tricky to understand (I do this for a living) but actually getting hold of the documents should be fairly easy.

Thanks, I did paid 6 pounds for the title register and plan, but the restrictive covenants details are not showing in those two files I downloaded, it mentioned: "¬NOTE: Original filed."
I asking the vender for the details now, ...

OP posts:
Rollercoaster1920 · 22/02/2023 23:42

It is an OC2 form:
www.gov.uk/government/publications/official-copies-of-documents-registration-oc2

Via old school post. When I did it turn arrived was less than a fortnight.

Rollercoaster1920 · 22/02/2023 23:44

Link fail try this instead
www.gov.uk/government/publications/official-copies-of-documents-registration-oc2

Rollercoaster1920 · 22/02/2023 23:46

If Mumsnet garbles this one then just search for a .gov website and land registry oc2.

www.gov.uk/government/publications/official-copies-of-documents-registration-oc2

Rollercoaster1920 · 22/02/2023 23:48

God knows why Mumsnet isn't posting what I'm writing in the reply. But a Google search will get you there.

imiami · 23/02/2023 08:36

Rollercoaster1920 · 22/02/2023 23:48

God knows why Mumsnet isn't posting what I'm writing in the reply. But a Google search will get you there.

Thank you so much for your help.

OP posts:
imiami · 23/02/2023 08:52

Rollercoaster1920 · 22/02/2023 23:48

God knows why Mumsnet isn't posting what I'm writing in the reply. But a Google search will get you there.

Thanks a lot, I found it, please click the link
the form in above link is it right one? if so do I need post it to them or I can send through email?

OP posts:
starlingsintheslipstream · 23/02/2023 09:14

You'll need to post it.

imiami · 23/02/2023 09:21

starlingsintheslipstream · 23/02/2023 09:14

You'll need to post it.

Thanks, I am buying the house, do I have the right to abtain this documents?

OP posts:
starlingsintheslipstream · 23/02/2023 09:53

Yes, all a public record.

imiami · 23/02/2023 10:08

starlingsintheslipstream · 23/02/2023 09:53

Yes, all a public record.

Thanks, by the way, I checked the house is low flooding risk, is solicitor flooding check is better or it's the same with gov free check?

OP posts:
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