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Lion Farm Fields - Registered Titles

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Julian Saunders

Dear Sandwell Metropolitan Borough Council,

Part 1 - Land Registry Title WM951363

At Part 6 of the Property Register it states:

"(20.02.13) A new title plan showing an amended extent has been prepared."

Please provide all SMBC documentation* relating to the decision to prepare an amended plan.

Part 2 - Land Registry Title WM954347

At Part 4 of the Property Register it states:

"(12.11.14) The land edged and numbered in green on the title plan has been removed from this title and registered under the title numbers shown in green on the said plan."

Please provide all SMBC documentation* relating to the decision to remove the land edged green from title WM954347.

Part 3 - Entry of Restrictions on Titles WM951363, WM895772, WR27884 and WM954347

On or around 28th July, 2017 HCB Solicitors Limited of Solihull applied to HM Land Registry to enter restrictions on behalf of Jeremy Knight Adams on the four titles above stating that the said applicant had the relevant consent to do so from SMBC.

Please provide all SMBC documentation* relating to the request for consent for the restriction to be registered and the granting of the said consent.

Document Definition

“Document” means any letter/email (made or received), note, attendance note, record, report, paperwork of whatsoever nature prepared manually or electronically in respect of the subject of the request.

Where communications are with a third party disclosure should include those with the third party’s servants or agents.

Where a document is no longer in existence please state the gist of the document and how it came to be destroyed.

Where one would normally expect a document to be in existence (eg an attendance note of a telephone conversation) please state why a document was not prepared in the particular instance.

Yours faithfully,

Julian Saunders

Sandwell MBC, Sandwell Metropolitan Borough Council

- Julian Saunders
 
 
Your request for information has been passed to an investigating officer.
 
Your reference is FS-Case-77706697
 
 
Thank you
 
Sandwell MBC
For your information residents can now use their MySandwell account to log
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Sandwell MBC, Sandwell Metropolitan Borough Council

Dear - Julian Saunders,
 
Information Request - FS-Case-77706697
 
Thank you for your Freedom of Information request. In response to your
request I can confirm the following:
 
 
In response to your recent FOI query, please see response below: Part 1
SMBC has no documentation related to the Land Registry's decision to
update the title plan for WM951363 Part 2 The land edged and numbered
green on the title plan for WM954347 is land that has been sold by SMBC.
Details of these sales are available from the Land Registry, by quoting
the title numbers referred to in green on the title plan. Part 3 SMBC has
no documentation relating to the Land Registry's decision to register a
restriction on the title numbers WM951363, WM895772, WR27884 and WM954347.
 
 
If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
request, and should be addressed to:
 
Information Management Unit
Sandwell Council House
Freeth Street
Oldbury
West Midlands
B69 3DE
 
Email – [Sandwell Council request email]
 
If you are not content with the outcome of an internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
 
Please remember to quote the reference number above in any future
communications.
 
Yours sincerely
 
Sandwell MBC
For your information residents can now use their MySandwell account to log
many Sandwell Council requests online, including reporting missed
collections; fly tipping and pot holes. Residents can also check their
council tax balance on MyAccounts and find ‘MyNearest’ on their
personalised homepage. For information please go
to [1]www.sandwell.gov.uk/mysandwell.

References

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1. http://www.sandwell.gov.uk/mysandwell

Julian Saunders

Dear Sandwell Metropolitan Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Sandwell Metropolitan Borough Council's handling of my FOI request 'Lion Farm Fields - Registered Titles'.

It is of particular concern here that SMBC have not just given misleading answers but false ones. This requires urgent review at very senior level.

Re question 1 - the Land Registry does not unilaterally alter plans. It is difficult to understand who could have amended the plan that was registered on 20th February, 2013 other than the registered owner ie yourselves. There must be documentation relating to the decision to file an amended plan and that it is what I want to see. Alternatively a third party applied to you to amend the plan and you consented. Again there must be a document trail. Please see "document definition" within my original request.

Re question 2 - reserved.

Re question 3 - I have seen the form submitted to HM Land Registry to register the restrictions as referred to in my original request. HM Land Registry here, as you very well know, require confirmation that the registered owner consents to the registration of the restriction. Under Part 8(C) of the form it reads, inter alia:

"Application made with the consent of the registered proprietor." Underneath HCB's solicitor has ticked the box which reads:

"I am the applicant's conveyancer and certify that I hold the relevant consent."

I asked you explicitly in my original request "Please provide all SMBC documentation [as defined under "document definition"] relating to the request for consent for the restriction to be registered and the granting of the said consent."

It is clear that if HCB Solicitors are telling the truth then the developer or his servants/agents sought and obtained the requisite consent from you and clearly there will be a document trail with regard to that. If you are saying that HCB Solicitors are lying and did NOT obtain your consent please confirm by return so that I may make appropriate representations to HM Land Registry.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/l...

Yours faithfully,

Julian Saunders

Sandwell MBC, Sandwell Metropolitan Borough Council

- Julian Saunders
 
 
Your request for information has been passed to an investigating officer.
 
Your reference is FS-Case-79777941
 
 
Thank you
 
Sandwell MBC
For your information residents can now use their MySandwell account to log
many Sandwell Council requests online, including reporting missed
collections; fly tipping and pot holes. Residents can also check their
council tax balance on MyAccounts and find ‘MyNearest’ on their
personalised homepage. For information please go
to [1]www.sandwell.gov.uk/mysandwell.

References

Visible links
1. http://www.sandwell.gov.uk/mysandwell

Sandwell MBC, Sandwell Metropolitan Borough Council

2 Attachments

Dear - Julian Saunders,
 
Information Request - FS-Case-79777941
 
Thank you for your Freedom of Information request. In response to your
request I can confirm the following:
 
 
You have submitted a request for a review of the Council's response to a
previous FoI request. In regard to Q1; The Land Registry maintains its
Index Map, and updates Title Plans when required to do so from time to
time. We have carried out a further review of historic files, and
following the voluntary registration scheme, it was discovered that part
of the land owned by the Council had not been included within the
registered title, there was no identifiable reason for this exclusion, and
an application to include the land was lodged on behalf of the Council.
Please find attached the correspondence that we have managed to locate. In
regard to Q3; Sandwell Metropolitan Borough Council were not contacted by
HCB, or the Land Registry with regard to the registration of the
restriction. Sandwell Legal Services has contacted the Land Registry to
enquire why no contact was made, and the Land Registry are reviewing the
matter. However, the Option Agreement did entitle the Grantee to register
the Option at his discretion.
 
 
If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
request, and should be addressed to:
 
Information Management Unit
Sandwell Council House
Freeth Street
Oldbury
West Midlands
B69 3DE
 
Email – [Sandwell Council request email]
 
If you are not content with the outcome of an internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
 
Please remember to quote the reference number above in any future
communications.
 
Yours sincerely
 
Sandwell MBC
For your information residents can now use their MySandwell account to log
many Sandwell Council requests online, including reporting missed
collections; fly tipping and pot holes. Residents can also check their
council tax balance on MyAccounts and find ‘MyNearest’ on their
personalised homepage. For information please go
to [1]www.sandwell.gov.uk/mysandwell.

References

Visible links
1. http://www.sandwell.gov.uk/mysandwell

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