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
Approval of draft transfers and Leases
Request for official copies
Property Lawyers and Conveyancing Solicitors for the Developer will require official copies of the Property title deeds or certificates of inspection of the title plan, it is recommended that they are applied for in batches as development proceeds and and not as one bulk order at the outset. In this way, the later batches will include entries made in the Property register and additional references made on the title plan as a result of the registration of earlier sales. Official copies or certificates in form CI that are out of date often cause trouble and confusion to purchasers and to Land Registry.
Plot Sales - Transfers and Leases
Conveyancing Solicitors and Property Lawyers for Purchasers of plots on new developments will be able to satisfy themselves that their plot, and the rights that go with it, is within the developer's Property title. It also contains guidance about official searches, discharges from the developer's charge (mortgage), restrictions and the additional points that arise where the development is disposed of by the grant of Leases.
Information needed by the Purchaser
Conveyancing Solicitors and Property Lawyers for the Purchaser will always need to see an official copy of the Property register of the Developer's title so that they can see the class of title on offer and the burdens that affect the Land. Land Registry will supply an official copy on application but the Developer may send out one with the draft contract.
Property Lawyers and Conveyancing Solicitors for the Purchaser should ensure that any fences erected along the plot boundaries are, or will be, positioned in accordance with the plan attached to the transfer or Lease. If in any doubt the Property Lawyers and Conveyancing Solicitors should check with the Developer, and if necessary, ask a competent land surveyor to advise. Property Lawyers and Conveyancing Solicitors will also need to:
- confirm that the plot is in the Developer's Property title;
- check what references (if any) on the title plan affect the plot so that the Property register entries that affect the plot can be identified
- just before completion, confirm that the plot remains in the title, that it is not subject to any prior pending application and that no affecting adverse entry has been made in the register since the date the official copy of the Developer's Property register was issued.
Proof that the plot being purchased is in the Developer's Property title
For CI, certificate of inspection of the title plan, certifies that the plot which is described falls within the Developer's registered titles and states whether or not the plot is affected by any colour or other reference appearing on the title plan. This certificate does not confer any priority for the registration of the transfer or Lease but Land Registry guarantee its accuracy and Conveyancing Solicitors and Property Lawyers for the applicant can claim indemnity if the certificate contains any error which causes loss. (Paragraph 1(1)(c) of Schedule 8, Land Registration Act 2002). Form CI gives exactly the same information that the Conveyancing Solicitors and Property Lawyers for the Purchaser could obtain from inspecting an official copy of the title plan of the Developer's title. A purchaser who holds a CI does not need a copy of that title plan.
If the Developer does not supply a form CI with the draft contract, the Conveyancing Solicitors and Property Lawyers for the Purchaser can obtain one by applying to the appropriate Land Registry office in form OC1. In cases where Land Registry have officially approved an estate layout plan, form OC1 should describe the Property being purchased by reference to that plot number(s) shown on that plan. Otherwise the Conveyancing Solicitors and Property Lawyers for the Purchaser should attach a plan in duplicate to the application. In either case, the Conveyancing Solicitors and Property Lawyers for the applicant must supply an adequate verbal description of the Property. Land Registry requires the name or provisional description of the roadway serving the Property as well as the plot number(s) on any approved estate plan. The distinguishing plan numbers of any other parcels (for example, a garage or parking space) included in the purchase should also be provided.
Using form CI procedure can save Developers the delay that may arise in obtaining official copies of the large and complex title plans in order to supply them to the Property Lawyers and Conveyancing Solicitors for the Purchasers.
Proof of Easements
Property Lawyers and Conveyancing Solicitors for the Purchaser will wish to satisfy themselves that the Developer has power to grant any easements provided for in the contract, for example, rights of way over roads and passageways and rights of drainage.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 8 (Manchester Conveyancing Solicitors Property Lawyers for Property Developers 8)
Please telephone Paul on 0161 866 8999 if you require any further information.
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