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 8 . . .
Property Development
Searching for adverse register entries affecting the plot
Easements granted over adjoining Property:
The priority granted to Conveyancing Solicitors and Property Lawyers under an official certificate of search extends to the easements and other rights granted over the title searched. Where the easements granted fall within another title, Conveyancing Solicitors and Property Lawyers should search against that title.
Discharge of part from an existing charge
The discharge of the part transferred from an existing registered charge (Mortgage) on the Developer's title should be made using form DS3. The form must be accompanied by a plan that identifies the Property discharged. The plan must satisfy Land Registry requirements and, ideally, will be an exact copy of the transfer plan.
An application to cancel notice of a charge (Mortgage) (other than a unilateral notice) in respect of the plot being registered must be made in form CN1. Conveyancing Solicitors and Property Lawyers must also lodge sufficient evidence that the charge has been discharged, by way of either:
- form DS3
- an endorsed receipt on the instrument of charge
- a letter addressed to the Registrar, signed by the noted chargee (or an authorised signatory of the noted chargee if it is a body corporate), and including confirmation that there has been no assignment of the benefit of the charge. (If an assignment has been made, the normal Conveyancing evidence of devolution of title must be lodged), or
- in the case of a floating charge, a letter of non-crystallisation.
The charge itself need not be produced but (if available) it may be useful as evidence that the applicant is still entitled to the benefit of it.
Where a unilateral notice has been entered in respect of a charge, an application to cancel the notice in respect of the plot being registered must be made in form UN2 where the application is for removal by the registered beneficiary. If it is not possible to lodge such an application it is possible for the registered proprietor (or the person entitled to be registered as proprietor) to apply in form UN4. In this case notice of the application will be served on the beneficiary.
Developing leasehold estates: official copies of the register
Before issuing an official copy of a register to Conveyancing Solicitors and Property Lawyers the Land Registry must have regard to any pending application that will give rise to a further entry in the register. For this reason Land Registry backdate any official copy to before the receipt of the pending application. Unfortunately, official copies of the registers of titles that are being developed by the grant of Leases suffer a greater degree of backdating than official copies of the registers of freehold building estates. This is because we must make a separate entry on the register of the lessor's title for each Lease. These entries must follow one another in strictly chronological order, according to the date of the registration of each Lease. Any delay in the registration of a particular Lease (for example, because of a boundary difficulty) creates a bar to the entry of notice of all Leases received later. This is so, even though in all other respects, registration of the later Leases may be ready for completion. This difficulty does not arise in the case of estates sold by transfers of part. In that case separate entries are not usually needed because all the removals are covered on the developer's register by one general entry to the effect that parts of the Land edged in greed on the title plan have been removed from the Developer's title.
Conveyancing Solicitors and Property Lawyers for the intending Lessee or chargee of an individual Property need not be concerned that the official copy of the Lessor's title does not set out particulars of all the Leases of the other Properties granted by the Lessor. They only needs to assure the Lessee or Chargee that the Property in question remains in the Lessor's title. Even if Land Registry substantially backdate an official copy, an official search in form OS2 will bring the position up to date so far as the Lessee's Property is concerned. The official search certificate itself confirms that the Property is still in the Lessor's title. The certificate will also disclose whether any adverse entries affecting the Property which is the subject of the search have been made in the register since the date of the official copy or register view. The search result will also reveal details of any pending application for registration or for an official search affecting the part searched.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 10 (Manchester Conveyancing Solicitors Property Lawyers for Property Developers 10)
Please telephone Paul on 0161 866 8999 if you require any further information.
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