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Solicitors First Registration of Property Title Deeds - The Application  by Ford Banks Irwin Solicitors - The Property Lawyers in Manchester

Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLY


Solicitors First Registration of Property Title Deeds - The Application 

Conveyancing Solicitors and Property Lawyers are often asked by the Property Owners of Unregistered Title to apply for First Registration.  The Property Owners prefer to have the state backed guarantee and appreciate all the ancillary benefits of registration.

The Conveyancing Solicitor or Property Lawyer will apply for first registration of your Property if:
*you have just purchased your new home;
*you received the Property in exchange for other Land or Property
*the Property was Leased to you
*the Property was given to you as a gift
*the Property was transferred to you to hold as trustee(s) on the creation of a trust
*the Property was transferred to you under a Court Order
*you received the Property by assent from the Personal Representatives on someone's death
*you have mortgaged the Property and handed over the Property Title Deeds to the Lender.

Compulsory registration does not apply to most Leases granted for seven years or less.  The exceptions are:
*when the Lease is granted to take effect in possession more then three months after the date of the grant, unless the Landlords themselves only own a Lease that has less than seven years to run;
*when the Lease has been granted under the right to buy provisions of Part V of the Housing Act 1985
*when the Lease is subject to a preserved right to buy under the provisions of section 171A of the Housing Act 1985

Compulsory registration also does not apply to leasehold Property if, when you acquired the Lease, it had no more than seven years to run or there was no obligation to register the Property at the time you bought it.

You can apply to register your Property voluntarily at any time. In addition, there are some relatively uncommon interests in Property that you can register voluntarily if you own them. These are rentcharges, profits a prendre in gross, and franchises.


Search to find out if a Property is Registered:
The Conveyancing Solicitors and Property Lawyers will initially to a search of the Index Map to see if the Property or Part of the Property has already been registered.   This search should also reveal any other registered interests affecting the Property.


How to Apply:
First Registration:  The Conveyancing Solicitors and Property Lawyers  will complete the first registration for application form and submit it to the Land Registry together with all the supporting Property Title Deeds and Documents.

Absolute Leasehold Interest: If you want to apply for absolute leasehold title the Conveyancing Solicitors and Property Lawyers will need to make sure that either the Landlord's Title is already registered with an absolute freehold title, or the application will need to include adequate evidence of the Landlord's title and of the title of their Landlord (if any).

Overriding Interests: When the Conveyancing Solicitors and Property Lawyers apply to register a Property,  all known information about 'overriding interests' must be disclosed.  Overriding interests affect the Property but are not shown in the Title Deeds.  They are rights over and interests in registered Property that bind Purchasers even through they are not protected by a notice or otherwise on the Property Title Deeds

Merger of interests:  If you own both the freehold and leasehold interests and both are unregistered, the Conveyancing Solicitors and Property Lawyers may be able to register the freehold and merge the leasehold into it.  This would mean that you would end up with just a freehold title because the Leasehold would no longer exist.


Evidence of Title:
The title that needs to be produced should be one that a Property Law Solicitor or Conveyancer would advise a buyer to accept.  The title should be presented in as if it were to be examined by a Property Law Solicitor or Conveyancer. It does not matter if the title, or any part of it, is already known to the Land Registry.  Most clients will ask the Solicitors or Conveyancers to prepare the application.


Documents that must accompany the application form:
The Property Solicitors or Conveyancer will normally submit:
*sufficient details, by plan or otherwise, so that the Land Registry can clearly identify the Land on the Ordnance Survey map. If the deeds contain such a plan the Land Registry do not need a separate one.
*all the original deeds and other documents of title that are available, including:
opinions of Counsel
abstracts and epitomes of title
copies of documents
contracts for sale
requisitions on title and replies
searches
*both the original and a copy of the Lease when applying to register a Leasehold estate.
*the result of a search in the Land Charges Department, against the names of all the people who have owned the Property since 1925 and whose names appear on the title.   If you have details (usually in the epitome of title) of the searches made before or at the time the Seller purchased the Property, or if they are with the deeds,  the Property Solicitors or Conveyancers will usually only need to make a search against the Seller or Lessor. If the 'result of the search' reveals any entries,  the Property Solicitors or Conveyancers should make a note on the result of search form, stating whether the entry affects the Land. If it does, the document to which the entry relates should be with the Property title deeds.  If the Property Solicitors or Conveyancers cannot supply a copy of this document, then an official copy of the Land Charge from the Land Charges Department must be obtained.   


Lost or destroyed Deeds:
It is much harder to apply successfully for first registration when some or all of the original deeds or documents of title that should be in your possession are missing or have been destroyed.  If this is the case, the Property Solicitor or Conveyancer will prepare a statutory declaration or statement of truth describing when, where, and how the deeds were lost or destroyed.  It must also confirm confirm that no one else has any interest whatsoever in the Property and, in particular, that the missing deeds are not deposited as a security for a loan.

The Statutory declaration must be sworn before a Commissioner for Oaths, Justice of the Peace (Magistrate) or a Solicitor.

The Property Solicitors or Conveyancers will seek to support the application with the best secondary evidence of title that is available. For example, a complete draft of a missing deed from the Solicitor or Conveyancer who acted for the previous owner


(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)


For any further information please contact Ford Banks Irwin Solicitors.


    

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