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 1 . . .
Property Development
Property Development Services:
Conveyancing Solicitors and Property Lawyers assisting the developer's Land Surveyor:
It will be the Surveyor's responsibility to provide the initial survey of the site. The site survey usually forms the basis of the Property boundary and layout plans. The surveyor is in a good position to:
- monitor the site development, recording any changes to the original layout and informing the developer's legal adviser of those changes;
- provide 'as built' plans at the various development stages; and
- provide, where necessary, survey markers for fencing purposes.
NB: The details requirements for Property plans and surveying specifications are set out below.
Conveyancing Solicitors and Property Lawyers assisting the developer's site manager:
The site manager can ensure that the contractors set out and build the Property in accordance with the approved layout.
Sometimes, for practical reasons, contractors deviate from the approved layout. The site manager is usually in a good position to, and must immediately, notify the developer, the Conveyancing Solicitors and Property Lawyers, the surveyor and the Land Registry of any deviation from the original plan.
What are the problems when layout changes take place?
Property Developers sometimes need to make layout changes and Land Registry services can accommodate these changes.
However, experience shows that late changes in layout can result in disputes between developer and buyer. Such disputes can cause delay and frustration and may involve the payment of costs and compensation. In extreme cases, Property Developers may need to reposition plot boundaries and may even need to move buildings.
If Land Registry find out during the registration process that the Property Developer has amended the layout without informing them they may withdraw approval of the Property estate plan. Land Registry will also inform any affected Conveyancing Solicitors and Property Lawyers acting for Purchasers who have pending applications in Land Registry and those who subsequently apply for searches or lodge applications.
Whenever Conveyancing Solicitors and Property Lawyers for the developer detect any change to the layout, they should inform all the parties involved, including the Land Registry.
What if layout changes are made before any plot sales?
Conveyancing Solicitors and Property Lawyers for the developer should return the original approved layout plan to Land Registry as soon as possible with two copies of the revised layout plan clearly showing the changes.
Where there is no sales activity on that part of the development and the new layout agrees with the registered title boundaries, Land Registry will give fresh approval without delay.
What if there has been sales activity on that part of the Development?
Conveyancing Solicitors and Property Lawyers for the Developer should advise Land Registry of any layout change immediately so that they can withdraw approval of the Property estate plan. Conveyancing Solicitors and Property Lawyers for the Developer should also inform affected Conveyancing Solicitors and Property Lawyers for the affected Purchasers or prospective Purchasers.
If Conveyancing Solicitors and Property Lawyers for prospective purchasers have made searches based on the superseded plan Land Registry will not be able to approve a revised plan until either the Developer's Solicitors produce the recipient's written agreement to the changes so far as they affect, or the priority period of all searches has expired.
Conveyancing Solicitors and Property Lawyers for the Developer should also tell Land Registry whether they have exchanged contracts or completed the sales of any affected plots. If they have, but the sales have not yet been registered, the Solicitors for the Developer will need to amend the contracts, transfers or Leases as necessary. The parties and their Solicitors must satisfy themselves that any such amendments are legally effective.
If the Solicitors for the Developers have already registered the sales, they will need to agree the layout changes with the affected Purchasers and any registered chargees (Mortgagees). In order to bring the registered titles into line with the position on the ground the parties may need to prepare and execute additional transfers or deeds of variation or rectification.
NB: Where Purchasers are not prepared to accept the new layout plans the Solicitors for the Developers may need to reposition the construction on the site to accord with the former proposed layout.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 3 (Manchester Conveyancing Solicitors Property Lawyers for Property Developers 3)
Please telephone Paul on 0161 866 8999 if you require any further information.
Ford Banks Irwin Solicitors
50 Stothard Road
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