# Pending items land registry



## user123456 (22 Jan 2007)

How long can a dealing be pending for? Is there a timescale that a dealing must be finalised or be withdrawn?

I tried asking the land registry but they refuse to comment.


----------



## ramble (22 Jan 2007)

A dealing can be pending for a long time.  It depends on the county, some are slower than others.  It also depends on the type of transaction, mapping may slow it down.  If a dealing is queried by the land registry and not dealt with by the lodging party then the dealing can be abandoned.  I don't see why anyone would want to withdraw a dealing, you keep  your priority when the dealing is in the land registry no matter how long it takes to complete.


----------



## cosy (21 Feb 2007)

I inherited some land (in 2004) and my solicitor sent in all information into land registry in September 2005.  To-date I have heard nothing despite the fact that my solicitor has sent in two letters checking the status and asking could they speed up the process.  I was hoping to sell some of the land to pay off a loan I got to pay for the inheritance tax.

Two question someone might be able to help

1. Whats the normal time scale for pending dealings.  

2.  Can I sell a "site" if the land is not in my name yet.

Thanks


----------



## PM1234 (21 Feb 2007)

Its difficult to give a 'normal' timeframe for a dealing as it is dependent on too many factors - a very straightforward registration can take up to twelve months.

Your solicitor can request that dealing registration is expediated. Your solicitor can check the status himself/herself on the land registry website. Your solicitor can ring the Land Registry office and check what is causing the delay. 

I would query when the title deeds were sent for registration inititally?

To answer your second question you cannot sell land of which you are not the legally registered owner.


----------



## sheena1 (21 Feb 2007)

PM1234 said:


> To answer your second question you cannot sell land of which you are not the legally registered owner.


 
I disagree. You can sell the land if you are the person entitled to be registered as owner. You can use Land Registry Dealing Number under which your application is pending. This happens all the time and you just need to speak to your solicitor.


----------



## PM1234 (21 Feb 2007)

Apologies Sheena1. You are correct. I was going in to edit my post when I saw you had beaten me to it!!


----------



## cosy (21 Feb 2007)

Thanks folks I'll ask solicitor when the title deeds were sent for registration.  Its not a straight forward registration as the land was not in my uncles name but his fathers,  however he (uncle) had two brothers who died before him and I managed to get death cert for them.  Maybe this is delaying process.

Thanks again


----------



## Vanilla (22 Feb 2007)

You can sell on while an application is pending in the land registry ( or property registration authority as they are now called) only if it is a straightforward transaction. If it is ( as this sounds like it could be) a s.49 application you wouldnt be able to sell with that pending. No purchaser would accept that as good title.


----------



## bond-007 (1 Mar 2007)

Do you have good title when you buy an house if the sale is pending? 
Is the house still in the sellers name whilst the dealing is pending? ie does the seller retain title?
Can judgments or charges in respect to the seller be added to the folio whilst the house has been sold but is still in pending mode?


----------



## mf1 (2 Mar 2007)

bond 007 - I think your query relates back to a earlier query  you had where a judgment mortgage appeared on a property sold by X to a related party, Y, after the sale but before registration was completed. 

I take it that the problem has not yet been resolved which perhaps, while not answering your question, does give you some insight into the complexity of conveyancing  issues. 

Do bear in mind also that while people can be technically in the right, where feelings run high as in where debts are left unpaid, their opposite number can be less than speedy to accept defeat and actively facilitate what they may perceive as unfair behaviour. 

mf


----------



## bond-007 (2 Mar 2007)

The JM has never appeared as such on the folio, only it was ever described as a dealing, which begged the question can another dealing be done whilst a current dealing is still ongoing. I see this as undermining the good title you think you were getting. 

Another question, when a solicitor prints out a copy of a folio in their office, can they see all burdens on a property even the pending ones? Would they be even able to print out a copy of a folio with active dealings on it?

You say that a solictor may be slow to accept defeat, but they surely must act lawfully and once confronted with the evidence, back down? I would see failure to do so as leaving one open to legal action. Would I be right or wrong there?


----------



## user123456 (5 Mar 2007)

bond-007 said:


> You say that a solictor may be slow to accept defeat, but they surely must act lawfully and once confronted with the evidence, back down? I would see failure to do so as leaving one open to legal action. Would I be right or wrong there?


 
Of course a solicitor must act within the law and if they don't they are open to legal action.

I reread your old thread and I suggest reading up on rule 121 in the land registry rules and bring an application declaring the person involved has no interest in the property concerned. You are likely to receive no help from the land reg as they don't like discussing procedure with lay people. Their stock reply will be consult a lawyer. They are really unhelpful to lay people who might not be able to afford legal advice. 

If you need help PM me and I shall assist in what way I can.


----------



## bond-007 (6 Mar 2007)

Thanks for that.

I have had the matter resolved to my satisfaction recently. They backed down as soon as legal action (the mention of damages and compensation)  was mentioned. 

I do agree with you that the land registry are very unhelpful in their dealings with the general public. They only want to talk to solicitors which is wrong. For a govt agency they really need to buck up their ideas. There seems to be a culture of secrecy of the goings on between solicitors and the land registry. When a person refuses to answer a simple question, one is left wondering what are they hiding.


----------

