Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester for Assignment of Leases and Business Premises
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
continued from page 8 . . .
Leases and Assignment of Leases
Formal apportionment and redemption of a rent or a rentcharge that affects a registered estate
Registration of a Certificate of redemption given pursuant to a conditional order of apportionment
Where an order of apportionment of a rent or rentcharge has been made which is conditional on redemption, Conveyancing Solicitors and Property Lawyers should not make the application to Land Registry until they have a certificate of redemption.
The application must enclose an official copy of both:
- the order of apportionment given by the Secretary of State or National Assembly for Wales
- the certificate of redemption
In all other respects, Conveyancing Solicitors and Property Lawyers should following the procedure set out in section: Registration of an Order or apportionment.
Where a sale is contemplated
If the Property owner or rentowner has obtained an order or certificate in anticipation of a sale of the affected property, they may prefer to hand over that document to the purchaser and let them make the application to Land Registry when submitted their own. This is because no fee is payable for the noting of an apportionment or redemption if that application is sent to Land Registry together with one attracting a fee payable under scale 1 of the current Land Registration Fee Order.
Acquisition of Land by general vesting declaration under the Compulsory Purchase (Vesting Declarations) Act 1981
In this section:
'the 1981 Act' means the Compulsory Purchase (Vesting Declarations) Act 1981;
'the 1990 Regulations' means the Compulsory Purchase of Land (Vesting Declaration) Regulations 1990
'the authority' means the local authority or other public body proposing to acquire the Land / Property.
Under section 1 of the Compulsory Purchase (Vesting Declarations) Act 1981 local authorities and other public bodies can acquire Land / Property by means of a general vesting declaration. The detailed provisions governing this procedure are set out in Parts II and IV and Schedule 1 of the 1981 Act, and the 1990 Regulations. These provisions apply equally to registered and unregistered Property / Land.
Preliminary Investigations
Search of the Index Map
If the Conveyancing Solicitors and Property Lawyers do not know whether freehold or leasehold Property (Land) or a rentcharge is registered and whether any cautions against first registration have been entered, they should apply for an official search of the index map.
Conveyancing Solicitors and Property Lawyers can make the application in form SIM addressed to the appropriate Land Registry Office providing a description of the Property (Land) sufficient to enable it to be identified on the index map.
If the Property (Land) is in a built up area the postal address may be sufficient. Otherwise Conveyancing Solicitors and Property Lawyers should supply a copy of an extract from the Ordnance Survey map on the largest scale published that clearly shows the position and extent of the Property (Land). Where a plan is not required and the Conveyancing Solicitors and Property Lawyers hold a credit account with Land Registry they may apply by telephone at a telephone service centre.
The fee payable for an official search of the index map is prescribed in the current Fee Order.
Inspection of the Property Deeds (register)
Conveyancing Solicitor and Property Lawyers may apply for an official copy of the register, either in printed form OC1 to the appropriate Land Registry Office, or if they have a credit account, by telephone at a telephone service centre or online. The fee payable for an official copy of the Property deeds (register) is prescribed in the current Fee Order.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 10 (Manchester Conveyancing Solicitors Property Lawyers for Assignment of Leases 10)
Please telephone Paul on 0161 866 8999 if you require any further information.
Ford Banks Irwin Solicitors
50 Stothard Road
Stretford
Manchester
M32 9HB
Tel: 0161 866 8999
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk
Or you can use the ENQUIRY FORM (click here).
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Manchester
City Centre Serviced Office - Conference rooms are also
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Manchester
Conveyancing Solicitors | Ford
Banks Irwin Solicitors
Pall Mall Court
King Street
Manchester
M2 4PD
Tel: 0161 866 8574
Please telephone 0161 866 8999 for a free quote.
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