Glossary entry

English term or phrase:

Applications are pending in Land Registry ....

English answer:

applications to the Land Registry is pending and not registered yet

Added to glossary by Yasutomo Kanazawa
Oct 13, 2009 11:23
15 yrs ago
6 viewers *
English term

Applications are pending in Land Registry ....

English Law/Patents Real Estate
I am translating a register of title in the UK and the following phrase came up:

"Applications are pending in Land Registry, which have not been completed against this title."

I don't know if it's just me but it just doesn't sound clear to me. I would appreciate any help in explaining this phrase.

Thanks
Change log

Oct 27, 2009 04:05: Yasutomo Kanazawa Created KOG entry

Discussion

mediamatrix (X) Oct 14, 2009:
@Gary (final - life's too short...) 1. - I'm saying that your interpretation is one of many that may be correct in asker's context. That is precisely why in my answer I wrote "... it *suggests* that ..." with confidence 3 for lack of context. I will certainly not agree with another answer that is no more likely to be correct than my own in asker's context.
2. - The fact of the LR receiving multiple claims for a title may be quite precisely the event that triggers the kind of legal action you refer to. IOW, multiple claims may be in the LR system *before* there is any litigation.
3. - I'm sure the LR would confirm that people can - and do - submit applications 'on a whim and a prayer', or that they can and do submit applications in the belief that the parcel is their's by right even if that may turn out not to be the case.
4 - I'm not taking lessons here - I'm actually trying to get across the idea that there are many kinds of applications and several degrees of legitimacy of those applications, amounting to a wide diversity of reasons why asker's source text includes this statement.
Gary D Oct 14, 2009:
So you are telling me my answer is right? Then you should post an agreement to my answer.

The law deals with disputes and the law would generate an Order. The Lands office will not hold up or process claims for a title unless it is proven through the courts they have a claim and the lands office will comply with the court order. So people just can't put in a claim for a deed of title just on a whim and a prayer, otherwise every one will have applications flooding the lands Registrar office.
Applications in the Land Registrar come from Governments, Government bodies under the direction of law, the courts, and those who have legal ownership over the land. The owner of the land can have an application to change the Zoning, Ie He may wish to turn a house into a Doctors office. This is generally the only reason an owner has an application in a lands Registrar, as rezoned land will be valued and rated differently.
This application then goes through the Local Government , and could be sent up to State and Federal governments for approvals, then it will return back to the Lands Registrar if and when it is approved......etc
I should charge you for these lessons Media.
mediamatrix (X) Oct 14, 2009:
@Gary (again...) 1 - There can be several aplications for the same parcel without there necessarily being any fraud. Parallel claims from legitimate and illegitimate children of a deceased person, for example.
2 - There is nothing in the source text posted here to indicate the reason for the applications: they may be the result of formalities of the kind you suggest, but they could also be well-intentioned applications from would-be heirs, administrative errors, or a host of other causes. What may (or may not) be one common cause is not necessarily the correct interpretation in asker's context.
3 - Nowhere did I say or suggest that an application could be submitted that has no name on it; I wrote "their names do not appear in the **same** appliaction", implying that their names appear on different applications.
Gary D Oct 14, 2009:
after all applicants After all applicants are processed and finalized, Ie; there could be a Local government order for Riparian zone mitigation, or a court challenge from a Will settlement, then the property will be able to be issued to the purchaser with a clear and defined title or deed of ownership.
Gary D Oct 14, 2009:
DEED is a Title If circumstances arose where there were several people applied for the same title (Deed) then it would mean the property was sold to one and the rest were frauds. <br>Even in Strata title (Unit Complexes) the Deed of title is separated into as many strata owners as there are. <br>"where several people end up claiming title to the same parcel and their names do not appear in the same application."<br> If their name is not on an application, then they have no claim to the application. You can't put in a claim application and leave your name off!!<br>Several people cannot claim to own your car, without actually owning it and having their name on the ownership papers, same as a block of land.<br>Sometimes your comments are so left field media.
mediamatrix (X) Oct 14, 2009:
@Gary The source text refers to applications, not deeds. Circumstances can arise where several people end up claiming title to the same parcel and their names do not appear in the same appliaction.
Gary D Oct 14, 2009:
It is not applications of owners. If it was for applications of owners it would suggest there were multiple people who have purchased the land. Multiple owners cannot lay claim to one title, All their names can be on the tittle, but not more than one title for one parcel of land, as has been suggested in the supplied answers.
The Land Registrar only issues one Deed of Title to one block of land. There can be hundreds of owners of this DEED, but not more than one DEED.
Gary D Oct 14, 2009:
Applicatiants Those with a interest in having a application processed against the title, for as far as , sewerage, maybe an easement for a road, power, drainage, EPA, EIS (Environmental Impact study) etc. The land Registrar grants the land title with a Zoning on it Ie; A, B, C etc (A being residential, B High density housing, C Commercial). When there are Applications pending (not processed) the Registrar cannot issue the land title, because it has to be suitably zoned. They can only issue a title after all applications have been processed and when it can be suitably zoned

Responses

+4
5 mins
Selected

applications to the Land Registry is pending and not registered yet

I think the phrase means that the applications to be registered in the Land Registry are pending (not processed yet); therefore, the pending applications have not been registered, i.e. have not gained the title of "Registered in the Land Registry".

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Note added at 6 mins (2009-10-13 11:29:50 GMT)
--------------------------------------------------

It should have been "applications to the Land Registry ARE pending and not registered yet. Sorry for the grammar mistake.
Peer comment(s):

agree Rolf Keiser
20 mins
Thank you Goldcoaster
agree Jenni Lukac (X) : or registration is pending (the application having been submitted).
2 hrs
Thank you Jenni for your comments.
agree Vicky Nash
2 hrs
Thank you Vicky
agree crossroad
11 days
Thank you crossroad
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
+3
30 mins

previous applications ...

Asker tells is this sentence appears in a 'register of title', so it suggests that when this title was submitted for registration they found other applications in the system for the same property; and that these other applications had not been fully processed (i.e. were pending). So it seems there may have been several applications to register the same property, and the title asker is translating was registered in preference to the others.
Peer comment(s):

agree foghorn : yes! makes more sense
9 mins
agree Kim Metzger
1 hr
agree urbom
2 hrs
Something went wrong...
23 hrs

applications / challenges / Orders which need to be settled

Applicatiants

Those with a interest in having a application processed against the title, for as far as , sewerage, maybe an easement for a road, power, drainage, EPA, EIS (Environmental Impact study) etc. The land Registrar grants the land title with a Zoning on it Ie; A, B, C etc (A being residential, B High density housing, C Commercial). When there are Applications pending (not processed) the Registrar cannot issue the land title, because it has to be suitably zoned. They can only issue a title after all applications have been processed and when it can be suitably zoned

It is not applications of owners.

If it was for applications of owners it would suggest there were multiple people who have purchased the land. Multiple owners cannot lay claim to one title, All their names can be on the tittle, but not more than one title for one parcel of land, as has been suggested in the supplied answers.
The Land Registrar only issues one Deed of Title to one block of land. There can be hundreds of owners of this DEED, but not more than one DEED.

DEED is a Title

If circumstances arose where there were several people applied for the same title (Deed) then it would mean the property was sold to one and the rest were frauds.
Even in Strata title (Unit Complexes) the Deed of title is separated into as many strata owners as there are.

If their name is not on an application, then they have no claim to the application. You can't put in a claim application and leave your name off!!

Several people cannot claim to own your car, without actually owning it and having their name on the ownership papers, same as a block of land.

After all applicants

After all applicants are processed and finalized, Ie; there could be a Local government order for Riparian zone mitigation, or a court challenge from a Will settlement, then the property will be able to be issued to the purchaser with a clear and defined title or deed of ownership.
Peer comment(s):

neutral foghorn : Seems convincing. Just one thing: Are you saying that one can exercise full property rights under such conditions and no dispute is involved as to ownership.
56 mins
Something went wrong...

Reference comments

23 hrs
Reference:

LR applications

LR applications forms. Seems to be a factual question…
Something went wrong...
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