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 11 . . .
Property Development
Voluntary application to note overriding interest
Advantages of voluntary application:
For Property Lawyers and Conveyancing Solicitors for the Developers:
- Once an interest has been noted on the Property register Property Lawyers and Conveyancing Solicitors for the Developer will not need to reveal it as an overriding interest and provide documentation to each purchaser.
- Solicitors for the Developers will have less correspondence to deal with from Land Registry. This is because each time Land Registry intend to enter notice of overriding interest disclosed on an application to register a transfer, Lease etc, on the Property title deeds, they have to send out a notice to the Developer
For Property Lawyers and Conveyancing Solicitors for the Purchasers / Lessees:
- Most interests will already be on the register before they commit to a purchase. There will be fewer unregistered interests which override registrable dispositions to satisfy themselves about and disclose on their application for registration.
For Land Registry:
They will only need to consider interests once, rather than on each application.
How to apply:
Property Lawyers and Conveyancing Solicitors should apply using form AN1, enclosing any supporting documentation. Some Solicitors choose to attach form DI to the AN1 to assist in setting out the relevant details. The Solicitors only need to lodge one AN1 application regardless of the number of overriding interests which they are applying to note. If there is a restriction against noting or a caution against dealings on the Property title deeds the Solicitors should contact the Land Registry who will deal with the application before lodging it for further advice. The application should accompany the application for Estate Plan approval or Approval of Draft Transfer or Lease.
What the Land Registry will do:
Provided Land Registry are satisfied with the evidence lodged they will usually enter notice on the Property title deeds. These interests will then be apparent to purchasers and Lessees when they receive official copies of the developer's register.
Applications in connection with Court Proceedings, Insolvency and Tax Liability
Abbreviations used:
'FOIA' means the Freedom of Information Act 2000;
'IOPN' means the Index of Proprietors Names;
'LRA 2002' means the Land Registration Act 2002;
'LRR 2003' means the Land Registration Rules 2003.
Details of documents available from Land Registry pursuant to section 66 LRA 2002 are essentially inspection and application for official copies. Conveyancing Solicitors and Property Lawyers making applications on behalf of persons named in Schedule 5 LRR 2003 are entitled to additional information.
Rule 140 Land Registration Rules 2003 sets out the right of those persons named in schedule 5 LRR 2003 to inspect and obtain copies of documents, or to make a search of the IOPN in connection with:
- criminal proceedings
- civil recover
- insolvency, or
- tax liability
How to apply
Use the correct form:
Land Registry recommend that Conveyancing Solicitors and Property Lawyers use form CIT to make the request on every occasion. Staple, or otherwise permanently attach, form CIT to the additional application forms that are submitted as part of the enquiry.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 13 (Manchester Conveyancing Solicitors Property Lawyers for Property Developers 13)
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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