Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester on Commercial Business Leases
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
continued from page 6 . . .
Leases - Applications to Register
Noting of Leases
Conveyancing Solicitors and Property Lawyers should refer to sections 33, 34 and 35 Land Registration Act 2002.
Agreed Notices
If a Lease is not automatically noted under section 38 LRA 2002 or rule 37 LRR 2003, and is not prevented from being noted (see section: Leases that Land Registry cannot note), an application by Conveyancing Solicitors and Property Lawyers may be made for an agreed notice to be entered in the Property title deeds affected by the interest by either:
- the person entitled to the benefit of the interest
- the registered proprietor of the Land in which the notice is to be entered, or
- a person entitled to be registered as proprietor, such as the personal representative of a sole registered proprietor.
Such an application should be accompanied by:
- the original Lease or counterpart Lease, together with a certified copy
NB: If a certified copy is not lodged with the application - rule 203 LRR 2003 - Land Registry will retain the original Lease.
- the appropriate stamp duty land tax (SDLT) certificate or self-certificate, if applicable. NB: Before Land Registry can note any land transaction as an agreed or unilateral notice, they are obliged to ensure that the appropriate SDLT certificate accompanies the application where this is required. This is a statutory requirement under section 79(1) Finance Act 2003.
- if the application is by a person entitled to be registered as proprietor, sufficient evidence to satisfy Land Registry of this interest
- if the application is not made by the registered proprietor or a person entitled to be registered as proprietor, either the consent of such person, or sufficient evidence to satisfy the Registrar as to the validity of the claim
- any appropriate consents of restrictioners.
Unilateral Notices
It may be possible to make an application for a unilateral notice to be entered on the lessor's title when an agreed notice cannot be entered.
Deeds of Variation
If the Conveyancing Solicitors and Property Lawyers are instructed to lodge an application to register the variation of a Lease when the lessee's title is registered, it will usually be appropriate to make the application under rule 129 Land Registration Rules 2003, and, therefore, the application should be lodged in form AP1 - rule 13 LRR 2003.
Under rule 1239 LRR 2003 Conveyancing Solicitors and Property Lawyers must provide sufficient evidence to show that the variation has effect at law, otherwise the application will be cancelled. Conveyancing Solicitors and Property Lawyers must therefore lodge:
- the deed of variation, and
- consent(s) of any chargee or restrictioner if required, or
- where the lessor's title is unregistered - evidence of the lessor's title, and
- any other evidence to show that the variation has effect at Law, eg. evidence of change of name of one of the parties if the name is not the same as that shown on the Property title deeds.
If Land Registry are satisfied that the variation has effect at Law they will make an entry relating to the deed in the Property register of the lessee's title. Land Registry will also enter a notice in the lessor's title, without a specific application being made in form AN1 in respect of the lessor's title.
If notice of an unregistered Lease is entered in a Lessor's title, an application may be made to enter a notice in respect of a variation of the Lease. Such an application should usually be made for an agreed notice in form AN1, if the deed of variation can be provided and the Lease is already protected as an agreed notice. However, it may be appropriate in some circumstances to make an application in form UN1, for example if the Lease is already protected by way of unilateral notice and the Lease or / and the deed of variation cannot be provided.
It may be appropriate in some cases for Conveyancing Solicitors and Property Lawyers to apply for a notice in either:
- form AN1 or
- form UN1
in respect of a deed of variation even when the Lease is substantively registered, as sufficient evidence may not be able to be provided to satisfy the Registrar that the variation takes effect at Law, as required by rule 78 LRR 2003.
NB: If the deed of variation contains easements, these will not operate at law until entries relating to the burden and benefit of the easement are entered in both registered titles - see section 27(1) and paragraph 7 of schedule 2 Land Registration Act 2002.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 8 (Manchester Conveyancing Solicitors Property Lawyers on Commercial Business Leases 8)
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