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
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Property Development
Estate Boundary Approval:
Estate Boundary Approval is a free service that the Land Registry provide to Conveyancing Solicitors and Property Lawyers before the layout has been designed. Its purpose is to compare the developer's first site survey with the extent of the registered title deeds. This service also offers the following advantages:
- differences between the boundaries of the registered title and the physical external boundaries on site can be identified at the earliest opportunity
- the Solicitors for the Developer and the Land Registry can work together safe in the knowledge that both are making decisions based on the same external boundaries
- Land Registry can inform the Conveyancing Solicitors and Property Lawyers for the Developer whether or not specific or proposed easements fall within the registered extent of the development. Land Registry can also advise on those falling outside the registered Property.
How to apply
Conveyancing Solicitor and Property Lawyers for the Developer should send the Land Registry two copies of the site survey plan as prepared by the Land Surveyor clearly showing the extent of the Land included in the development. The plans need to meet the Land Registry specification for plans. Notes explaining the nature of the external boundaries, e.g. new estate fence on line of existing hedge, are also useful to match the survey with Ordnance Survey detail. Property Lawyers and Conveyancing Solicitors for the Developer can send the plans to Land Registry either with the application to register the site or after completion of the registration. However, Land Registry will not be in a position to approve the plans until after completion of the registration.
Land Registry will compare the external boundaries shown on the site survey plan with the boundaries of the registered title and the latest Ordnance survey map. Providing the boundaries agree, Land Registry will approve them.
Approval of draft transfers and Leases
This free service is designed to identify and resolve the difficulties that can arise when plot transfers and Leases are prepared. These difficulties often relate to prof of title to grant easements or generally to the Conveyancing element of the estate. The service offers the following advantages,
- approved transfers and Leases provide a standard formant for use throughout the development
- applications based on approved deeds will give rise to fewer requisitions or other problems and ensure a consistent approach to registration
Land Registry has designed this service to work in conjunction with the estate boundary approval and estate plan approval services. Property Lawyers and Conveyancing Solicitors for the Developer should send two copies of the draft transfer or Lease to the Land Registry office serving the area in which the development is situated before issuing them to Purchasers. Once any problems are resolved Land Registry will approve the draft for use as the basis of all future sales on the development.
Form of Transfer
A transfer of part of the Property in a registered title must be in form TP1, unless the transfer is by the registered chargee (Mortgagee) under its power of sale, in which case it must be in form TP2. Transfer forms will usually be prepared electronically. If Property Lawyers and Conveyancing Solicitors for the Developer create the form using their own computer system rather than using a commercial forms package they will need to submit the form to the Forms Unit at Land Registry Head Office for approval of the blank form before presenting the draft for approval. The Land Registration Rules 2003 require the transfer forms to be printed on durable A4 size paper, and to be reproduced as printed as regards wording, layout, font and point size. But when preparing the forms electronically, Property Lawyers and Conveyancing Solicitors for the Developer can:
- change the depth of the panels
- divide a panel at a page break
- omit instructions in italics, inapplicable certificates and statements and the corresponding 'x' boxes, panels which would contain only the panel number and heading if any (but do not renumber subsequent panels), and sub-headings in the additional provisions panel
- change singular into plural and vice versa
- add to, amend and reposition sub-heading in the additional provisions panel
- change 'Transferor' to 'Seller' and 'Transferee' to 'Buyer' in a transfer on sale (Be sure to use 'Seller' and 'Buyer' throughout, that is, in the headings of the panels, the text form itself (including the transfer panel).
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 4 (Manchester Conveyancing Solicitors Property Lawyers for Property Developers 4)
Please telephone Paul on 0161 866 8999 if you require any further information.
Ford Banks Irwin Solicitors
50 Stothard Road
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Manchester
M32 9HB
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