About three quarters of the land in England and Wales is registered at the Land Registry consisting of over 22 million titles. If the property you own is not registered at Land Registry, we strongly recommend that you make a voluntary application to register it…why?

Reasons to Register

• It brings your ownership up to date and enables you to identify your land holdings and consolidates and stores relevant title information in one place.
• Once registered, if you become the innocent victim of fraudulent transactions involving the registration of your property and suffer financial loss, you may be able to claim compensation.
• Registration can identify problems with your ownership which can be sorted out now. It is not fair to leave it to your heirs who may not know what you know and, in any case, it is cheaper to deal with such things sooner rather than later in the long run.
• It provides simpler access to property details and plans in the future. This makes it easier and faster to handle a sale or other dealing with the property.
• Ownership is guaranteed by Land Registry. The loss of unregistered deeds can make it difficult (sometimes impossible) to prove you own your property.
• It makes it harder for people to encroach on your property and successfully claim ownership of the land occupied.
• Buyers and lenders increasingly expect land to be registered before buying or lending.
• Land Registry is currently giving a 25% fee discount on voluntary registration applications. In addition Land Registry fees are going down on or after 22nd October 2012 by around £10.00 for such applications. For example, if your property is worth between £100,001 and £200,000, the normal fee of £190.00 after 22nd October will be reduced to £140.00 for voluntary registrations.

Is my Property Registered?

If we already hold your deeds, we will be able to tell you.

If you have got your deeds you can make an appointment, bring them to see one of our conveyancing team and they will be pleased to let you know.

If you have access to the internet you may wish to use the Land Registry’s online checker at www.landregistry.gov.uk.

How do I Register?

You can do it yourself! You could contact Land Registry and they are there to help.

However, most people find it easier and simpler to let their solicitor (us!?) do it for them. We will be pleased to do so and will estimate our costs for you at the outset.

For most ordinary domestic property our charges currently are £150.00 plus VAT and the applicable Land Registry fee. If problems arise which would raise those costs, we will tell you and seek your approval before proceeding.

Once registered, we will give you the new title information document and the old deeds to keep.

Contact one of our conveyancing team?

DON’T DELAY, REGISTER TODAY!

If you own a residential property and don’t live there (you might be intending to refurbish it and move in later or perhaps you have a tenant in, or mean to get one) you may welcome an anti-fraud initiative recently introduced by Land Registry.

If your property is registered at Land Registry you can apply for the entry of a “Form LL restriction” on the registers of your title. This requires solicitors and conveyancers to certify that they are satisfied that the person who signed the document submitted for registration of a transfer of the property is the same person as that named as the registered proprietor. There is no Land Registry fee payable for the registration of this restriction. The request is made using Land Registry form RQ.

Land Registry says “this initiative is designed to encourage those who feel their empty or tenanted property might be at risk, to do something to prevent it from being stolen unawares”. We think this is a good idea and recommend that you register such a restriction if you own empty or tenanted homes.

You can apply for the same restriction on any other property you own including the house you live in but in those cases a £50 Land Registration fee is payable.

We should be pleased to help you should you wish it. Feel free to contact a member of our residential property or commercial departments.

If your home uses a septic tank or similar drainage system (small sewage treatment plant (SSTP)) you may need to register with the Environment Agency. The situation is a little confusing but here goes! Regulations have been brought into force requiring the registration of such facilities with the Environment Agency. However, the registration system is currently under review and whilst this is happening the Agency will not require registration provided your system complies with requirements set out in it’s regulatory position statement 116 which can be viewed online through the Environment Agency website on www.environment-agency.gov.uk. This allows exemption from registration for certain small sewage discharges for the time being. These exemptions will cover most domestic situations.

New SSTPs, even those which meet the requirements of the position statement, must still go through a permit application process although they then may be entitled to an exemption.

If you have a system which is not currently registered, you can register voluntarily. We think this is a good idea because, should you decide to sell your property with an unregistered SSTP and/or not be able to supply the correct documentation, you could find that buyer’s lender will not release mortgage funds to complete the purchase. A solicitor acting on the purchase of a property with an SSTP should require evidence of registration, any conditions imposed on it and details of maintenance taking place after the date of registration, even before compulsory registration comes into force. If you wait until you sell your house before attending to registration and assuming the process is straight forward, it can take 15 working days. This could substantially delay your sale or purchase if the need to register is only discovered at a late stage in the transaction. Therefore voluntary registration now seems to be a good idea.

You can attend to registration online through the website mentioned above where a detailed explanation of the regulations and exemptions is also available.

Hartley & Worstenholme solicitors in Castleford and Pontefract has secured membership to the Law Society’s prestigous Conveyancing Quality Scheme.
CQS makes it easier for buyers and sellers to identify solicitors who can ensure a safe and efficient level of service with high standards.

The CQS is backed by the Council of Mortgage Lenders The Building Societies Association and the Legal Ombudsman. Firms only achieve membership after a detailed and strict assessment of their conveyancing procedures key conveyancing staff and service standards. Membership is recognition that Hartley & Worstenholme provides an efficient residential conveyancing service to high standards.

Tom Day Head of Residential Conveyancing at Hartley and Worstenholme says we are proud of the high quality of service we have given to all our clients since the firm was established in 1874 . We don’t rest on our laurels though and are delighted with our new status as CQS members.

We are well aware that buying or selling your home is one of the most stressful things you can do. As members of the CQS you can be sure that our friendly and approachable staff will :-

• explain clearly the steps in buying & selling your home
• tell you what the costs will be
• keep you informed , treat you fairly and be polite and professional
• respond promptly to your enquiries & tell you of any problems
• ask for your feedback on our service
• at all times work in line with CQS quality standards

Law Society President John Wotton said that the Law Society introduced CQS to promote high standards in the home buying process.

CQS improves efficiency with common, consistent standards and service levels and enables consumers to recognise practices that provide a quality residential conveyancing service.

For more information on the Law Society’s Conveyancing Quality Scheme visitwww.lawsociety.org.uk/cqs

Or contact the CQS Unit on 020 7316 5550 or CQS@lawsociety.org.uk

Contact Hartley & Worstenholme on 01977 732222 or info@hartley-worstenholme.co.uk

The Office of the Public Guardian’s fees to register a Lasting Power of Attorney increased on the 1st October from £120 to £130 and the 100% discount for those with an income of less than £12,000 replaced with a “reduced fee” of £65.

The OPG will not supply free official copies any more and just one copy at £35 only if the original power of attorney has been lost!

Nevertheless, a Lasting Power of Attorney represents good value when compared with the cost of a deputy appointed by the Court of Protection. We recommend you, make an appointment now.

We would just like to take this opportunity to say thank you for supporting our fund raising week in aid of The Prince of Wales Hospice.

The donation you provided was greatly appreciated. The week was a huge success and we are pleased to inform you that a total of £413.06 was raised.

On behalf of the Estate Agency team and The Prince of Wales Hospice please accept our thanks.

By Hannah Postles
Originally published in the Pontefract & Castleford Express, 19th August 2010.

Worried solicitors fear vulnerable residents will be hardest hit if Pontefract’s County Court is axed in government cost-cutting plans.
Senior staff at Hartley and Worstenholme say the proposed closure of the Horsefair facility – which would see it be merged with Wakefield’s County Court at a new shared site – will have an impact on people in difficult and sensitive situations.

Christopher Sandham, partner and head of family law, told the Express: “If the county court closes it will hit the most vulnerable people who need support – people who need access to justice straight away, like victims of violence in the home.

“A lot of people who use the county court are vulnerable members of the community who may struggle to get to Leeds or Wakefield to attend hearings.

“The county court deals with a wide range of issues, from divorce to small claims disputes. It deals with applications for people to be allowed contact with their children or have their children living with them. It’s extremely busy and the staff there work incredibly hard.

“It is just as important as the magistrates’ court and will be missed if it were to close.”

Arthur Healey, a former senior partner at the firm, believes Pontefract police station – which is expected to close – should be used to create a new combined court centre in the town.

He said: “It would allow the magistrates’ court and county court to operate at the same site, with shared parking.

“Courts should serve their local communities – not the other way round.

“In the consultation documents about the proposed closure, the author has only considered the distance from the existing court in Pontefract to the proposed new centre in Wakefield and the cost of travel between the two.

“What about those who live on the extremities of the existing court jurisdiction? How often does public transport run to Wakefield from Badsworth, Ackworth, Kirk Smeaton, Womersley and Methley?

“They would have to go to Castleford or Pontefract and then onto Wakefield. What is the additional cost to the court users? How much longer will their journeys be? Can they get to court on time?

“Our predecessors provided the courts to serve the local communities – not to reduce the cost to the exchequer.”

Mr Sandham said the proposed closure would also have an impact on the Pontefract branch of the company.

He said: “Some of our lawyers may only be in court for a short period of time and if it’s an urgent case we can get the paperwork to court quickly.

“If they are having to travel to Wakefield they will be wasting time and people will have to pay for solicitors’ travel to Wakefield.”

The Express has launched a campaign to Keep Justice Local and save the town’s magistrates’ and county courts from closure.

On Thursday 24th June 2010 the Ministry of Justice outlined proposals that will result in nearly a third of all Courts in England and Wales being closed.

The closures affect both County Courts, that deal with civil and family work, and Magistrates Courts, that deal with criminal and family work.

The effect of this in the Pontefract area will be the closure of both the Pontefract County Court and Pontefract Magistrates Court. The nearest Court to Pontefract will be Wakefield some 25 miles away return.

Clearly this will have a considerable impact upon people who use the Courts in the Pontefract and surrounding area.

Most of that impact will be felt by people who cannot afford legal representation, are not eligible for Public Funding, what used to be known as Legal Aid, and the infirm, disabled and elderly who at the present time find it difficult to travel to their local Court in Pontefract and will find it even more of a difficulty to travel a greater distance. This begs the question as to whether these people are being deprived of their right of access to justice in what the Government describes as “cost cutting measures”.

The Government’s intention is to save some £36 million a year but one has to wonder at what price.

The types of cases dealt with by these Courts include not only civil disputes but also, and perhaps more seriously, cases involving applications for people to be allowed to have contact with their children and indeed even have their children living with them.

It has always been the intention of successive Governments, and indeed of the Courts themselves, to regard going to Court to have the dispute resolved as being a last resort and other ways of resolving disputes through mediation, negotiations and otherwise have become more important. To that end Courts refer cases for mediation.

Hartley & Worstenholme Solicitors are one of only a small number of solicitors in the local area who offer family mediation, see www.hartley-worstenholme.co.uk/category/news/. This is obviously the preferred course of action for all parties but in instances where this breaks down the lack of access to a local Court could well seriously disadvantage more vulnerable members of society and only time will tell as to whether the closure of local Courts, in particular the Pontefract County Court, is a good or bad thing.

Media Contact:
Lisa Lister, Director, Progress Marketing Ltd, Tel: 01924 849 335
email: lisalister@progressmarketing.co.uk

Hartley & Worstenholme Solicitors are proud to be a kit sponsor for rugby league’s Castleford Tigers.  Mandy Arkell, from the family department at the law firm with offices in Castleford and Pontefract, attended the game. (Pictured with Ryan McGoldrick)

Castleford Tigers ended their three-match losing run to revive their play-off hopes by winning 24-20 while condemning Catalans Dragons to a club record-extending ninth successive Engage Super League defeat.

Home Information Packs (HIPs) have been suspended by the government pending formal abolition. Houses marketed on or after 21st May 2010 no longer need a HIP.
If you are a potential seller this is good news as you don’t have to pay several hundred pounds up front to market your property!

You’ll still need to provide an Energy Performance Certificate (EPC) but not before you put your house up for sale. EPCs should cost less than the widely disregarded and unpopular HIPs.

The requirement for HIPs is thought by many property professionals to have deterred potential sellers from testing the market thus reducing supply.

Uncertainty about the new government’s timescale for dealing with the removal of HIPs was a further factor which might have put sellers off thus depressing a fragile recovery in the housing market. The swift action to dispel that uncertainty is welcome therefore and should provide buyers with more choice and aid general recovery.

The opportunity is now there for real consultation between the government and those involved in buying selling and lending on property to come up with innovative and real proposals to reform and speed up the house buying process.

The Property Team at Hartley & Worstenholme look to the future with optimism and interest and,as always, will be at the forefront of new developments.

For further information please contact Jonathan Sharp on 01977 732222 or by email.

Media Contact:
Lisa Lister, Director, Progress Marketing Ltd, Tel: 01924 849 335, email: lisalister@progressmarketing.co.uk