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Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester for Buying / Selling House / Flat / Apartment

Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY

. . . continued from page 9

Buying and Selling Property / Land

Lodging applications for first registration

Documents that should accompany form FR1

Charitable, Ecclesiastical and Public Trusts
Where a Corporation or body of trustees holding on charitable, ecclesiastical or public trusts, other than for a non-exempt charity, applies to be registered as proprietor of a registered Property or Mortgage, the application submitted by Conveyancing Solicitors and Property Lawyers should be accompanied by the document creating the trust or certified copy of it.

Constitution of a Corporation
If the applicant is a corporate body, but is not either:
- a Company registered in the UK under the Companies Act 2006
- a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000 or the Limited Liability Partnerships Act (Northern Ireland) 2002, or
- the trustee of a public, ecclesiastical or charitable trust (other than a non-exempt charity)
Conveyancing Solicitors and Property Lawyers should lodge evidence of the extent of its powers to hold and sell, Mortgage, Lease and otherwise deal with Property and in the case of a Mortgage, to lend money on Mortgage (see rules 183(1) Land Registration Act 2003). The evidence should include the document(s) constituting the Corporation, or a certified copy, and any further evidence the Registrar may require. If the evidence is in a language other than English or Welsh, they should supply a certified translation of it.

Alternatively a certificate in form 7 (for a corporation incorporated outside the United Kingdom) may be given by a qualified Lawyer practising in the territory of incorporation or in form 8 (for a corporation incorporated within the United Kingdom) may be given by the Conveyancing Solicitors and Property Lawyers for the applicant.

Social Landlords
If the Property is held by or in trust for a registered social Landlord, (see section 1 Housing Act 1996), or is grant-aided Property held by or in trust for an unregistered Housing Association, the application should be accompanied by a certificate to that effect.

Application for a restriction and use of form RX1
When registering a single individual or corporation as proprietor of a registered Property, whether on a dealing or on first registration, the Registrar will only enter a restriction in the following form (Form A) if it is applied for:
'RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an Order of the Court'

Nevertheless, such a restriction ought to be entered on registering a sole trustee or nominee as proprietor of a registered Property, since such a person will normally be unable to give a valid receipt for capital money.

Consequently, a sole or last surviving trustee of a trust of Land who applies to be registered as proprietor must at the same time apply for a form A restriction. This applies both on first registration and on registered dispositions (rule 94(2) Land Registration Rules 2003). The application must be made in form RX1 or in the additional provisions panel of a Land Registry form of transfer in favour of the applicant (see rule 92(7)(a) Land Registration Rules 2003).

Similarly, Conveyancing Solicitors and Property Lawyers for an applicant for first registration of a legal estate held on trust of Land where the powers of the trustees are limited must apply for a restriction in form B. This also applies where the legal estate is vested in the personal representatives of a sole or last surviving trustee. Application must be made in form RX1 or using a Land Registry form of transfer, as stated in the preceding paragraph.

Where the legal estate is held on charitable, ecclesiastical or public trusts, see section: Charitable, ecclesiastical and public trusts.

In other situations where Conveyancing Solicitors and Property Lawyers wish to apply for a restriction, they should use form RX1,unless excepted under rule 92 Land Registration Rules 2003.

(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . . continued on page 11 (Manchester Conveyancing Solicitors Property Lawyers for Buying and Selling a House 11)

Please telephone Paul on 0161 866 8999 if you require any further information.

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