Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester for Leases and Business Premises
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
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Leases and Business Premises
Souvenir Land:
During the 1970s and 1980s, schemes were set up for the sale of very small plots of Land / Property with sentimental or commemorative value only. These schemes were often promoted for conservation purposes. All such Land / Property was known as 'Souvenir Land'.
When souvenir Land / Property schemes first appeared the small size of the plots and the number of titles in a very small area posed considerable potential problems for Land Registry and Conveyancing Solicitors and Property Lawyers. Under the Land Registration (Souvenir Rules) 1972 the Chief Land Registrar was given the power to declare an area subject to a souvenir Land / Property scheme. The main effect of this declaration was that the Conveyancing Solicitors and Property Lawyers for the purchasers of individual plots did not have to register their transactions at Land Registry. The declaration could be made against both registered and unregistered Land / Property.
This has now changed as a result of the Land Registration Act 2002. Souvenir Land / Property declaration schemes are abolished and any transaction with the Land formerly affected by a scheme, or any part of it, must now be registered by the Conveyancing Solicitors and Property Lawyers.
The Land Registration Act 2002 has also changed the way in which the registered proprietor of a registered scheme can deal with his or her title. Conveyancing Solicitors and Property Lawyers can recognise a title that was formerly a scheme by the following restriction on the Property deeds:
'No disposition is to be registered without the consent of the person or persons (if any) entitled to apply to be registered as proprietor of the Land disposed of, or any part of it, as the result of any unregistered transaction effected since [the date of the declaration made under rule 3 of the 1972 Rules as noted on the register].
Applications:
On any future purchase of Land / Property formerly affected by a scheme, Conveyancing Solicitors and Property Lawyers must register the transaction at Land Registry. The type of application will depend upon whether the scheme is registered and whether the transaction relates to part or the whole of the scheme. To find out if a scheme is registered, Conveyancing Solicitors and Property Lawyers must apply for an official search of the Index Map.
Purchase of an individual plot:
Where the scheme is registered Conveyancing Solicitors and Property Lawyers must:
- use application form AP1
- include all deeds and documents of title, beginning with the first sale-off which created the plot;
- before Land Registry complete an application to register a plot they will serve notice on the registered proprietor of the scheme informing him or her of the application;
- after Land Registry have registered the plot with its own title number, subsequent purchasers of the plot must apply for registration in the normal way, using form AP1.
Where the scheme is unregistered Conveyancing Solicitors and Property Lawyers must:
- make any application for first registration of an individual plot in form FR1.
- after Land Registry have registered the plot with its own title number, subsequent purchasers of that plot must apply for registration in the normal way, using form AP1.
Voluntary registration of an individual plot
The current owner of a plot purchased out of a registered scheme may make a voluntary application for registration at any time using form AP1.
Purchase of the whole of a scheme
Where the scheme is registered Conveyancing Solicitors and Property Lawyers must:
- use application form AP1;
- the effect of the declaration was that transactions relating to a registered scheme subsequently took effect as if the Land / Property in questions was not registered. Therefore, there will be cases where the registered proprietor is not the person from whom the applicant has bought the Land / Property. If this is so, Conveyancing Solicitors and Property Lawyers must send to Land Registry evidence of the chain of title from the registered proprietor to the Seller.
- any registered scheme previously affected by a declaration will have the restriction, referred to in section 3 above, on its Property Deeds.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 2 (Manchester Conveyancing Solicitors Property Lawyers for Business Leases 2)
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
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