Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester for Property Developers
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
continued from page 9 . . .
Property Development
Registration with absolute Leasehold title
Conveyancing Solicitors and Property Lawyers for the Developer will endeavour to obtain absolute Leasehold title for each plot. In order to be able to approve absolute title Land Registry will need to see any necessary consents. Where there is legal, equitable or floating charge entered on the Property deeds of the Lessor's title the Chargee's consent to the grant of the Lease will be required. In the case of a sub-Lease, if there is a note on the Lessor's title showing that the head Lease contains a prohibition against alienation without licence, Land Registry will need to see the licence of the superior Lessor. If such consent or licence is required but does not accompany the application Land Registry will requisition for its production. However, if the chargee's consent is not lodged Land Registry may complete the application with good leasehold title.
Restrictions
An application for a standard restriction can be applied for either:
- in the additional provisions panel of form TP1 or TP2
- in form RX1, or
- by completing clause LR13 in a Lease containing the prescribed clauses set out in schedule 1A Land Registration Rules 2003.
Standard forms of restriction are set out in schedule 4 Land Registration Rules 2003. These reflect common situations and forms of restrictions frequently applied for. A restriction may be applied for in a different form provided the appropriate procedure is followed.
A non-standard restriction must be applied for in form RX1.
Application:
Applications to register a transfer or Lease of part of a registered title by Conveyancing Solicitors and Property Lawyers should be made using form AP1. The applicant must disclose any unregistered interests which override registered dispositions that are within the actual knowledge of the applicant and affect the estate to which the application relates.
Plan Requirements and Specification
Conveyancing Solicitors and Property Lawyers usually work closely with the Developer's surveyor when preparing the plans. The Land Registry has its own specification:
- the plan must clearly show the scale and orientation and be drawn to the scale quoted thereon. The preferred scale is 1/500 although 1/1250 may be satisfactory if details of the layout including individual plot boundaries can be shown clearly. However, where the boundaries are intricate or complex, such as a boundary within a building, a larger scale may be necessary.
- plans marked 'for identification only' or 'do not scale from this drawing' or any similar phrase are not acceptable.
- plans, which bear a statement of disclaimer intended to comply with the Property Misdescription Act 1991, are similarly not acceptable.
- Conveyancing Solicitors and Property Lawyers will be used to seeing plans based on an accurate survey, plotted to the choses scale. The accuracy must be within the plottable limits of the scale, ie. distances scaled from the plan between well defined points of detail should be accurate to within 0.3 mm at map scale plus one part in one thousand of the distance measured. For Land surveyors, this specification gives the following tolerances:
Distances scaled
100m [1/500=] 0.15 + 0.1 = 0.25m; [1/1250=] 0.375 + 0.1 = 0.475m
200m [1/500=] 0.15 + 0.2 = 0.35m; [1/1250=] 0.375 + 0.2 = 0.575m
500m [1/500=] 0.15 + 0.5 = 0.65m; [1/1250=] 0.375 + 0.5 = 0.875m
1000m [1/500=] 0.15 + 1.0 = 1.15m; [1/1250=] 0.375 + 1.0 = 1.375m
- during the survey, Conveyancing Solicitors and Property Lawyers should liaise with the surveyors to ensure site control stations are sited in safe areas, thereby ensuring that the setting out of works and the final 'as built' survey are all based on the datum used for the original survey.
- the plan must show any measurements in metric form
- the plan must show sufficient details to enable Land Registry to relate the position of the proposed development to the boundaries of the Land in the registered title or to other detail shown on the title plan. Therefore, detail immediately outside the external boundaries of the site are also shown on the plan.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 11 (Manchester Conveyancing Solicitors Property Lawyers for Property Developers 11)
Please telephone Paul on 0161 866 8999 if you require any further information.
Ford Banks Irwin Solicitors
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