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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 12

Buying and Selling Property / Land

The examination process and classes of title

As to other situations where the Conveyancing Solicitors and Property Lawyers for the applicant cannot show a 15 year documentary title prior to the deed inducing registration, see either section: Land that has been in the same ownership for a considerable time or section: short titles.

As to the provisions of certificates of title in lieu of other evidence, see section: Purchase by tenants of public housing, purchases of housing estates etc and repurchases of defective housing.

As to titles based on adverse possession, see section: Adverse possession of unregistered Property and transitional provisions for registered Property in the Land Registration Act 2002.

The examiner may also make searches and enquiries under rule 30(a) Land Registration Rules 2003 or require the Conveyancing Solicitors and Property Lawyers for the application to make further searches or enquiries considered necessary under rule 30(b) Land Registration Rules 2003.

Land Registry may give notice of a first registration application to other persons under rule 30(a) Land Registration Rules 2003 and may also advertise it under rule 30(c) Land Registration Rules 2003. Advertisements are rare, but Land Registry will serve notice on third parties if they believe they have grounds for objecting, for example on either:
- the Highway Authority, if an application appears to include part of the highway, or
- a person who has a caution against first registration of the estate concerned.

Any person may object to the application, whether or not Land Registry notify them of it (section 73 Land Registration Act 2002). Land Registry will notify the Conveyancing Solicitors and Property Lawyers for the applicant of any objection and the title will not be registered until the objection has been withdrawn or disposed of. If necessary, the matter will be referred to the Adjudicator to HM Land Registry under section 73(7) Land Registration Act 2002.

Any Purchaser or Mortgagee should always make a prior search of the index map. This will reveal any caution against first registration, as well as revealing whether any part of the Property is already registered.

Evidence of title where the deeds have been lost or destroyed

The vendor's ability to produce title deeds of the Property and the absence of any unexplained memoranda of sales off or other dealings with the Property are important safeguards for a Purchaser of unregistered Property, and for the Registrar on first registration.

Where the Conveyancing Solicitors and Property Lawyers for the applicant are unable to produce all the deeds that ought to be in their possession or control, the possibility of an undisclosed Mortgage, of defective recollection by the applicant, or even fraud, cannot be ruled out.

Because of this Land Registry take special precautions when registering Property when it is claimed that all or some of the title deeds have been lost or destroyed. Particular attention will be given to:
- the identity of the applicant
- custody of the deeds at the time of their loss
- the evidence of the loss or destruction and the circumstances in which it occurred
- any available secondary evidence of the contents of the missing deeds
- the possibility of restrictive covenants, easements or other incumbrances on the title.

For further information on class of title, protective entries and the undertakings Land Registry may require, see section: First registration of title where deeds have been lost or destroyed.

Classes of Title

Absolute freehold title
A person will be registered with absolute freehold title if Land Registry are satisfied that their title to the estate is:
'such as a willing buyer could properly be advised by a competent professional adviser to accept' (section 9(2) Land Registration Act 2002).

An application based on a purchase of unregistered Property for value for the responsible estate owner (or a successor in title, see section 6(1) LRA 2002) supported by a proper documentary title commencing with a good root at least 15 years old at the date of the acquisition will normally result in the grant of an absolute title.

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

. . . continued on page 14 (Manchester Conveyancing Solicitors Property Lawyers for Buying and Selling a House 14)

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
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E-mail: info@FordBanksIrwinSolicitors.co.uk

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