Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester for 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 16 . . .
Leases and Business Premises
Easements
The effect of an objection to an application for a register entry
Have the dispute referred to the Adjudicator to HM Land Registry
Under section 73(7) Land Registration Act 2002, any dispute that cannot be dealt with by agreement must be referred to the Adjudicator to HM Land Registry. Unless the parties reach agreement beforehand, the Adjudicator will either:
- hold a formal hearing and give a ruling on the dispute that is binding on the parties (subject to any appeal) in the same way that a Court Judgment would be
- Order one of the parties to the dispute to commence Court Proceedings to have the dispute resolved.
Statement of Truth
A statement of truth is a method of providing evidence in support of an application. As a result of changes made by the Land Registration (Amendment) Rules 2008, it can be accepted for land registration purposes instead of a statutory declaration.
Its adoption by Land Registry follows the precedent set by the Civil Courts in accepting a statement of truth as evidence in place of an affidavit or statutory declaration.
Requirements
For Land Registration purposes, a statement of truth is defied as follows (see rule 215A Land Registration Rules 2003)
- it is made by an individual in writing
- it must be signed by the person who makes it (unless they cannot sign)
- it need not be sworn or witnessed
- it must contain a declaration of truth in the following form: 'I believe that the facts and matters contained in this statement are true'
- if Conveyancing Solicitors and Property Lawyers make the statement or sign it on someone's behalf, they must sign in their own name and state their capacity.
Statement of truth signed by an individual who is unable to read Where a statement of truth is to be signed by an individual who is unable to read, it must:
- be signed in the presence of a Solicitor, and
- contain a certificate made and signed by that Solicitor in the following form:
'I [name and address of Solicitor] certify that I have read over the contents of this statement of truth and explained the nature and effect of any documents referred to in it and the consequences of making a false declaration to the person making this statement who signed it or made [his / her] mark in my presence having first (a) appeared to me to understand the statement (b) approved its content as accurate and (c) appeared to me to understand the declaration of truth and the consequences of making a false declaration'.
Statement of truth made by an individual who is unable to sign it Where a statement of truth is to be made by an individual who is unable to sign it, it must:
- state that individual's full name
- be signed by a Solicitor at the direction and on behalf of that individual, and
- contain a certificate made and signed by that Solicitor in the following form:
I [name and address of Solicitor] certify that [the person making this statement of truth has read it in my presence, approved its contents as accurate and directed me to sign it on [his / her] behalf] or [I have read over the contents of this statement of truth and explained the nature and effect of any documents referred to in and the the consequences of making a false declaration to the person making this statement who directed me to sign it on [his / her] behalf/ having first (a) appeared to me to understand the statement (b) approved its content as accurate and (c) appeared to me to understand the declaration of truth and the consequences of making a false declaration'.
Signature by a Solicitor
Where a statement of truth is made by a Solicitor, or a Solicitor makes and signs a certificate on behalf of someone who has made a statement but is unable to read or sign it:
- the Solicitor must sign in their own name and not that of their firm or employer, and
- the Solicitor must state the capacity in which they sign and where appropriate the name of their firm or employer.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
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
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