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 5 . . .
Property Development
Approval of draft transfers and Leases
Personal Covenants
Property Lawyers and Conveyancing Solicitors for the Developer will usually make a note in the proprietorship register of both positive and indemnity covenants given by the proprietor which relate to the registered estate or matters affecting it.
Restrictions
An application by Conveyancing Solicitors and Property Lawyers for a standard form of restriction can be applied for in the additional provisions panel of form TP1 or TP2 or in form RX1. A non-standard restriction must be applied for in form RX1.
Standard form of restriction are set out in schedule 4 Land Registration Rules 2003. These reflect common situations and forms of restriction frequently applied for. Where there are no appropriate standard form of restrictions Conveyancing Solicitors and Property Lawyers may apply for a restriction in a different form but will need to meet the current Land Registry requirements. If Property Lawyers and Conveyancing Solicitors for the Developer lodge a draft of form RX1 along with the draft transfer or Lease Land Registry will advise of its acceptability for registration purposes at the same time as the deed.
Declarations
Declarations may be used, for example, to exclude the implication of easements or the acquisition of certain easements by prescription. Land Registry will accept declaration about boundaries but Property Lawyers and Conveyancing Solicitors for the Developer should not use them for corporeal exclusions, nor to create or reserve legal rights.
Exchanges
Where the transfer is wholly or partly in consideration of a transfer of another Property the following provisions must be included in the additional provisions panel.
'This transfer is in consideration of a transfer (or conveyance, or as appropriate) of (brief description of Property exchange) dated today, [if applicable and of the sum stated above paid for equality of exchange]'
Execution
The transfer should show details of the proposed execution by the Developer. It should follow one of the forms of execution set out in schedule 9 Land Registration Rules 2003.
Rights relating to the apparatus of statutory undertakers, etc
Some Property Lawyers and Conveyancing Solicitors for the Developer make a practice of granting to their purchasers' rights of user of supply services such as telecommunications, gas, electricity and water. Since the statutory undertakers and telecommunications code system operators who provide these services will ensure that the services are made available to their customers, irrespective of any rights the customers may have as owners of the Land, this is a belt and braces approach.
Similarly, when selling houses Property Lawyers and Conveyancing Solicitors for the Developers often reserve rights of laying and maintaining services for the benefit of statutory undertakers, etc, but this would appear to be a belt and braces approach as the undertakers almost always have statutory rights which they can use. The omission of such rights should simplify the preparation of the draft transfers. These remarks do not, of course, apply to rights of drainage, to which different considerations apply.
Preparing a draft Lease
Prescribed Clauses Leases
The Land Registration (Amendment) (No.2) Rules 2005 introduce some important changes affecting leases that are:
- dispositions of a registered estate, and
- required to be completed by registration.
Any such Lease granted on or after 19 June 2006 must be in the form of a prescribed clauses Lease unless it is an excepted Lease. The amendment rules introduce a set of prescribed clauses that must appear at the beginning (or immediately after the front sheet) of any such Lease. These clauses contain information necessary to complete the registration of the Lease.
From 12 October 2005 we recommend that draft Leases be lodged for approval to include the prescribed clauses. Property Lawyers and Conveyancing Solicitors will be unable to complete the sections relating to the date of the Lease (clause LR1), identity of the tenant (part of clause LR3) or the declaration of trust (clause LR14). These should be left blank.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 7 (Manchester Conveyancing Solicitors Property Lawyers for Property Developers 7)
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
Or you can use the ENQUIRY FORM (click here).
(you may need to press control 'Ctrl' button on your keyboard when clicking on the enquiry form link if you have a pop up blocker active)
Manchester
City Centre Serviced Office - Conference rooms are also
available by prior appointment at:
Manchester
Conveyancing Solicitors | Ford
Banks Irwin Solicitors
Pall Mall Court
King Street
Manchester
M2 4PD
Tel: 0161 866 8574
Please telephone 0161 866 8999 for a free quote.
Manchester Conveyancing Solicitors Property Lawyers for Property Developers page 1 | Manchester Conveyancing Solicitors Property Lawyers for Property Developers 2 | Manchester Conveyancing Solicitors Property Lawyers for Property Developers page 3 | Manchester Conveyancing Solicitors Property Lawyers for Property Developers 4 | Manchester Conveyancing Solicitors Property Lawyers for Property Developers page 5 | Manchester Conveyancing Solicitors Property Lawyers for Property Developers 6 | Manchester Conveyancing Solicitors Property Lawyers for Property Developers page 7 | Manchester Conveyancing Solicitors Property Lawyers for Property Developers 8 | Manchester Conveyancing Solicitors Property Lawyers for Property Developers page 9 | Manchester Conveyancing Solicitors Property Lawyers for Property Developers 10 | Manchester Conveyancing Solicitors Property Lawyers for Property Developers page 11 | Manchester Conveyancing Solicitors Property Lawyers for Property Developers 12 | Manchester Conveyancing Solicitors Property Lawyers for Property Developers page 13 | Manchester Conveyancing Solicitors Property Lawyers for Property Developers 14 | Manchester Conveyancing Solicitors Property Lawyers for Property Developers page 15 |