has anyone been told their property has to be registered with the Land Registry?

N

nathan210705

Registered User
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Hi,

has anyone been told their property has to be registered with the Land Registry before they can buy the coucil out of their AH?

Is this just a way for tham to retain their share for as long as possible?

If you have any experience or tips on this, i'd appreciate some advice.

Cheers,
 
Re: Land Registry

Yeh i was told that by my Solicitor too that the affordable property would have to be registered in Land Reg before you can sell. But I dont know if its the Council that does this or your Solicitor - I think that its your Solicitor in a usual case that registers the title in the Land Reg
 
Re: Land Registry

Hi guys,
I heard something similar....and I've been told it can take a couple of years so when signing make sure to ask exactly what the story is with it.
FTB1975
 
Re: Land Registry

Ok so. In our case we signed with Cathal Young so I'll get onto him to see what the timeframes are.

I've been told that it's only the council that insists on the property being registered prior to re-mortgaging. If we had of got our mortgage the traditional way the land registry registration wouldn't have been an issue.
 
Re: Land Registry

Hi, you do have to wait until your property is land registered before you can buy the council out alright, imagine my shock when a year and odd ago were were near the final stages of buying them out to only be then told, oh sorry, its not land registered, you cant do it anymore. Well with alot of determination, phone calls and letters to the land register and the councils solicitors with alot of perswading it took 4 more months. However..... If you living on the South side, it would take longer as there has been a freeze on land registration due to them moving over to digital. If your on the northside you've prob a year left before they start this. I'd ring Land registery and ask to see how far along your apt is at, if its at mapping stage, its close to end, and may take only another 6 months. But you can push this along by sending in letter yourself and also asking the councils solicitor to send a letter on your behalf, the solititor in DCC was very helpful for me with this.

Edited to say: Ps. when the council solicitor sent in the letter for me, my application was pulled (extradited?) from its que and placed in a fast que basically.
 
Re: Land Registry

Hi Helen,

Many thanks for your response.

How did you find the process of buying DCC overall? I'm worried that everytime I contact them I get told something different.
 
Re: Land Registry

Hi Nathan,

Like that i was told a few things by one person and something else by another. But i know the ins and outs of this back to front now as i did this all by myself so had to learn. there is alot of paper work and alot of twoing and frowing and all that, but i found once you know your basics on it you can do this, just you need to want to do it. I really wanted to buy them out, and it makes my life so much easier in my own head knowing i own my own place and i dont have to worry bout it if i want to sell. Ohter alternative is to wait till you are selling, but this process can take months (be aware of this) so it could mean when you are doing this at the time of selling it may mess up another buy of the new place your lookin for cos of all the time and all that.
do you have any questions at all you need me to answer, fire ahead, believe me i'd say i can answer most of them./=
 
Re: Land Registry

It's frustrating already. I don't get why they insist the property is registered with the Land Registry first. That could take years.

Thanks Helen. I'm sure I'll have plenty of questions.
 
Re: Land Registry

Hi Nathan,

Reason that you have to have it land registered before you buy them out (after alot of digging) is because - when you buy a property outside of the AH normally, your solicitor sends off the deeds to be land registered in your name. Therefore when you go to sell again, even if they're not land registered, you can still sell, reason being is that the application that has gone through to land register is in your name, so legally YOUR ok to sell the apt/house.

Now with AH you have a claw back on your deeds that go through. To sell the apt/house on you need to have this claw back removed from the deeds. The only way to remove this is to have it land registered, and then you buy them out - then then the new deeds will have the claw back removed.
With shared ownership - its the same, however there is another part - the fact you only partly own it and DCC own the second half, the deeds have been sent to land registery by their solicitor requesting BOTH you and DCC are put on the deeds. And again if you wish to sell, you need to have it registered, then when it is, and you sign to buy out then council, they can request through their solicitor and your own that the claw back is removed and you are sole owner on the deeds. It costs more to hire a solicitor to buy out the council due to this area on the deeds as it is more paper work for them.

Hope this has made it a little clearer for you :)

Helen
 
Re: Land Registry

Thanks for that, Helen.

It seems they have changed their policy since I spoke to them last year.

I spoke with DCC a couple of times throughout the week and they explained that this has changed and we only need to have the property registered if we are actually selling the apartment and not if we just intend on buying them out.

Cheers,
 
Re: Land Registry

Nathan, its deffinitely not changed, we bought them out in Nov 07 and this was in place then. And we didnt sell, we bought them out. Now bear in mind what i'd said before, it was all going ahead fine until end when we were then told they had made an error and it actually did need to be land registered before we could buy them out, so we had to wait and push for another 3-4 months to settle things. We were told same as you at the start that we didnt need it to be land registered to buy them out. And it was only at the last hurdle of signing and talking to someone who actually seemed to know what they were talking about that we got the info about having to be land registered. Have you contacted DCC solicitor? I can confirm they will be able to confirm this for you in one phone call, just so you can at least settle this in your own head to be able to see where you are at present.
 
Re: Land Registry

My contacts at time in DCC who were very helpful

[email protected]
Colin Sharkey

[email protected]
John Durkan

[email protected]
Ronan Rogers (Legal Dept in DCC)

Solicitors are (beauchamps)


These would be the 3 most important contact details you need when buying out DCC for affordable/shared ownership.

I also remember needing a letter from DCC to give to my solicitor to
Just to say that they are agreeable to me buying out Dublin City Council under the shared ownership scheme lease and that they will seal the transfer in relation to same when requested.

Cheers, If you email any of the above guys, they are sure (if still there) to be able to answer your questions also.
In meantime nathan,,, your more than welcome to fire any questions my wya.


 
just for anyone reading this who has an AH with fingal, i have been living in my home for nearly 2 years and house is still not fully through land registry process, so it is other cc's who are slow too!!!
 
It's not the CC's who are slow - The Council can do nothing to influence the speed with which the Land Registry register your property other than make the application as quickly as possible after the sale/purchase, which they do as this protects their interest in the property too. The fact is that the Land Registry have been inundated with work over the last 3-4 years as a result of the huge amount of conveyancing that has taken place. Whereas in the past, applications might have been processed in a matter of months, more recently it has taken anything up to 3 years to complete a registration.

What a representative from the Council can do is send a letter of expedite to speed the matter along - A reason needs to be given however and this would usually be that the purchaser now wants to sell and needs to have the registration completed asap. Obviously the Council should only send a letter of expedite if this is actually the case as otherwise every single application would have a letter of expedite and it would quickly become redundant.

The slowdown cin conveyancing has resulted in a speeding up of the process but it will take a while before the backlog is worked through.
 
It's not the CC's who are slow - The Council can do nothing to influence the speed with which the Land Registry register your property other than make the application as quickly as possible after the sale/purchase, which they do....
Click to expand...

but the cc' ARE at fault for some of it - as it took them 3 months after i signed to even submit my application to the land registry...so they are part of the problem in my opinion.
 
It's not always possible to just immediately make the application - if the property hasn't been registered before then they may be waiting on undertakings etc from the Solicitor for the original Developer - they could make the application in the meantime but it may be queried or rejected by the Land Registry.

In general the CC's will make the application to register as soon as they can as the application number they get protects their interest in the property and insures that other parties can't jump the queue as it were, and register other interests with a greater priority.
 
There was no mention of having to wait for registration when I bought my AH apt. I rang my solicitor today and she too had not heard of any restrictions. It's a pretty big thing not to tell someone when purchasing. Why isn't it in the information booklet? I will rent out my property if I cannot move due to the registration problem and the council will just have to give way. It's a huge oversight on the council's part not to alert people to this problem. I asked many times what the restrictions on resale/remortgaging would be and this was never mentioned.
 
cheeus, i do agree with you, this should be put in the contract and stated to everyone who signs. If the council told me ok you can buy us out after 12 months, i'd consider that a fact, however its not that, they should say, you can buy us out after 12 months, however it may take a number of years longer as you are unable to buy us out until your property is land registered. Simple as. I had not been told of this either, and was actually nearing the end of the rigmarole of buying the council out when I was told i couldnt as it wasn't registered. I was shocked to say the least. I mean at end of the day it makes sense as to why its in place, however the council need to make everyone fully aware of this. I do feel however when at the start of signing for AH, that the council do only seem to tell you the very basics of what you need to know, and they dont' explain things correctly. .I think they could also improve on explaining the claw back fee to people, as alot of people i know thought they only had to pay claw back on the difference in the price of property they bought at and selling price. It is not very clear even on the forms.
 
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