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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 11

Buying and Selling Property / Land

Lodging applications for first registration

Documents that should accompany form FR1

Land Registry fees
There are further details of the fee payable by Conveyancing Solicitors and Property Lawyers for applications to register large holdings of Property on the latest Land Registry fee Order.

Conveyancing Solicitors and Property Lawyers should show the amount of the fee in panel 5 of the form FR1 and, unless they have a prior authorised agreement with Land Registry to pay be direct debit, enclose a cheque for that amount, payable to 'Land Registry' with the application.

Conveyancing Solicitors and Property Lawyers should be aware that Land Registry will change the fees from time to time to ensure that the costs are covered and that customers get the benefit of improvements in productivity. This results in a new Fee Order.

Submitting the application
Conveyancing Solicitors and Property Lawyers should send the application, accompanying documents and fee to the Land Registry office serving the area where the Property is situated (rule 15(3)(a) Land Registry Rules 2003). If the Property is in the areas of more than one Land Registry office, the application may be delivered to either or any of them.

A list of the administrative areas in England and Wales with their respective Land Registry offices has been published.

When first registration is compulsory, Conveyancing Solicitors and Property Lawyers should apply for it within two months of the date of completion of the transaction concerned (section 6(4) Land Registration Act 2002).

If they do not do so, the Land Registry takes the view that the transaction becomes void as regards the transfer, grant or creation of a legal estate. The Land Registry says this means:
- if the transaction was a transfer, conveyance or assent, the legal estate reverts to the transferor, who will hold it on a bare trust for the transferee
- if the transaction was an appointment of a new trustee falling within section 4(1)(aa) Land Registration Act 2002, the legal estate reverts to the person in whom it was vested immediately before the transfer
- if the transaction was a Lease or Mortgage, it takes effect as if it were a contract for valuable consideration to grant the Lease or Mortgage concerned

However, the Registrar can make an Order extending the two months period, if satisfied on the application of any interested person that there is good reason for doing so. If that occurs, the transferee, Lessee, or Mortgagee recovers their legal estate, and is treated as having retained it all along.

Any compulsory first registration application submitted after the two month period has expired should therefore be accompanied by a request for an Order and an explanation of the reason for the delay.

The examination process and classes of title

In unregistered conveyancing, title is ultimately based on the estate owner's right to be in possession of the Property or to receive the rents and profits of it. Showing a full documentary title commencing with a good root of title that is at least 15 years old should normally establish this right. The appropriate class of title available to an applicant under sections 9(1) and 10(1) Land Registration Act 2002 is primarily determined by the quality of documentary title lodged. A Land Registry examiner assesses the title deeds accompanying the application to determine if they prove a good holding title. The Land Registration Rules 2003 provides that they may have regard to any prior examination of title by a Conveyancer and to the nature of the Property when considering the granting of title (rule 29 Land Registration Rules 2003).

To ensure that the best possible class of title is given to applicants, the Land Registration Rules 2003 also provide for all available deeds and documents relating to the title to be lodged (rule 24(1)(c) Land Registration Rules 2003). If, therefore, any of the title deeds that should be in an applicant's possession are not produced, Conveyancing Solicitors and Property Lawyers should properly account for their absence, especially where the grant of an absolute title might be prejudiced. Where a deed that is not essential to proving title is not lodged, Land Registry may make a protective entry, for example when it is known that the missing deed contains restrictive covenants.

Situations where relevant title deeds or documents are unavailable are covered in section: Evidence of title where the deeds have been lost or destroyed.

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

. . . continued on page 13 (Manchester Conveyancing Solicitors Property Lawyers for Buying and Selling a House 13)

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

Ford Banks Irwin Solicitors
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