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 7 . . .
Property Development
Proof of Easements
Property Lawyers and Conveyancing Solicitors for the Developer who intend to adopt a standard form of disposition for the estate should ask Land Registry to approve the draft transfer or Lease before development begins. In the letter to the Developer's Solicitors approving the draft Land Registry will give an assurance whenever they are able to do so, that if the easements are granted in the standard form Land Registry will register them as appurtenant to the purchaser's title. If the Property Lawyers and Conveyancing Solicitors for the Developer supplies each purchaser with a copy of this letter the Solicitors for the Purchaser can rely on the Land Registry assurance and will not need to investigate the Developer's power to grant those easements. The approval process also allows Land Registry to draw attention to any unusual features, either in the estate layout plan or in the text of the proposed transfer or Lease, before any sales have taken place.
There will be cases where Developers, for one reason or another, do not have their plans and draft documents approved so that Land Registry will not be able to give purchasers assurance about easements. Before ordering an official copy of the Developer's title plan, Property Lawyers and Conveyancing Solicitors should bear in mind that easements granted on sales of building plots are often of an indefinite nature, for example, a right to drain under the developer's adjoining Land without any indication of where the drains run. In such a case an inspection of the title plan will carry the matter no further. If the grant is more specific, for example, a right of way over a defined road, it is always possible, when applying for form CI, to ask Land Registry to confirm that the Land affected is within the Developer's title. In some such cases Land Registry are able to arrange with the Developer's legal advisers to include this information on all form CI certificates issued in respect of their client's title. On other occasions, there may be entries in the register that, when read in conjunction with the form CI and a copy or extract of the approved estate plan, may provide an adequate assurance.
However, the form CI procedure is optional and Property Lawyers and Conveyancing Solicitors can apply for an official copy of the title plan of the Developer's title.
Searching for adverse register entries affecting the plot
Method of application:
Conveyancing Solicitors and Property Lawyers for the Buyer should apply in form OS2 for an official search of the register. Land Registry will aim to issue the official certificate of result no later than the next working day after the application is received. The search certificate gives a priority period, beginning at the time when that application is entered on the day list and ending at midnight marking the end of the 30th business day thereafter. The search certificate states the dates on which the priority period begins and ends.
Form OS2 must accurately describe the extent of the Property which is the subject of the search. If Land Registry have approved the estate layout plan form OS2 should describe the Property by its number(s) on that plan. where there is no approved estate layout plan, Conveyancing Solicitors and Property Lawyers must define the Property in question on a plan (in duplicate) attached to the form. Land Registry requirements in respect of this plan are the same as those for the transfer or Lease plan. Conveyancing Solicitors and Property Lawyers for the Buyer who with to avoid confusion should ensure that the plan submitted with form OS2 is an exact copy of the transfer or Lease plan.
Where, as is often the case, the Buyer intents to charge (mortgage) the Property immediately upon taking the transfer or Lease, an official search certificate obtained on behalf of the chargee protects both the registration of the charge and that of the transfer or Lease on which it depends.
If there is a delay in completion, Conveyancing Solicitors and Property Lawyers may make a further form OS2 application and Land Registry will issue a further official search certificate conferring a fresh priority period. This period will run from the date of the further certificate.
Land in more than one title:
Sometimes a house plot is included in more than one title, with the Developer the proprietor of both titles. In such a case, Conveyancing Solicitors and Property Lawyers for the Buyer who wish to apply for an official search against both titles may enter the two title numbers on one form OS2. The printed wording on the form will need to be amended to make the requirements clear. If there are different 'subsisting entries' dates for each title, taken from the official copy of the registers, both should be quotes as the search from date, identifying which date relates to which title.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 9 (Manchester Conveyancing Solicitors Property Lawyers for Property Developers 9)
Please telephone Paul on 0161 866 8999 if you require any further information.
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