A clause in the deeds (Register of Title)

[syman]

A neighbour who recently sold their house lost one potential buyer, and almost lost their second buyer because of a problem that had something to do with the fact that there was a management company involved and he mentioned a clause on his Register of tile which is where it all started - but he did not elaborate.

This made me look at the Register of Title for our property and on it I find a clause in 'part B: Proprietorship Register' which refers to a Certificate having to be produced which confirms compliance with a sub-part of another document.
However when I check on the Land Registry site there are 3 documents available 1. Title register 2. Title Plan and 3. Flood Risk indicator.

Before I start digging through our paper archives, or contact the solicitor ( the person we dealt with left over a year ago) can anyone tell me:

- Should the documents referred to in the Register of title (supplied by my solicitor at time of purchase) have included a copy of the certificate mentioned, as well as the other document.it referred to.
- Would these have been registered with Land Registry, and if so would they be included if a Title Register was requested.

Just to clarify, although the houses are freehold, they are subject to a contract with a management company, who looks after common ground on the estate, which is the one mentioned as being the source of the certificate mentioned,

[EnglandPi]

I'm not a soliciitor but as Flood Risk indicator's are so common these days I doubt your solicitor was duty bound to mention it, It just is what it is.

[ostell]

Those three documents on the LR site are the standard documents available for download. The other document will probably be with the deed of the house. My bundle of deeds is about 4 inches thick. You building society or bank will have them if you have a mortgage.

[syman]

I have now discovered that the clause in the Title refers to a second 'Deed' called the TP1. But this does not show on the Land Registry site.
Does anyone know anything about a TP1 and who would hold this.

[ostell]

This is a land registry form used for transfer part of a title. This was probably used to seperate your plot from the development
https://www.gov.uk/government/public...t-transfer-tp1

It is probably in with the deeds or you can possibly request a copy of it from the land registry

[EnglandPi]

Many but not all Land Registry records were transferred to microfiche before they were digitised but the old records still exist in paper form, I would suggest you ask them to search deeper.

[Jessa2068]

I’m not too sure what you think the problem is.

The clause you are probably referring to is a restriction. This requires the management company to produce a certificate of compliance as confirmation that their conditions have been satisfied. Those conditions will be contained within the first transfer from the developer to you (known as the TP1 - transfer of part). Its much easier for your solicitor to download this document (the TP1) from the Land Reg portal than it is for you to find these on public access. I’m sure it’s not gone missing unless it says on the title register that it has.

The conditions to be satisfied before the certificate of compliance is issued, normally include a requirement that the buyer enter into a deed of covenant and submit notice of transfer to the management company. These, as well as obtaining the certificate of compliance, are for the buyer’s solicitor to deal with.

Just to confirm, the certificate itself is not a document you will have to produce. This is something each and every buyer will have to obtain themselves to comply with the restriction.