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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 14

Buying and Selling Property / Land

The examination process and classes of title

Classes of Title

Qualified titles
Qualified titles are rare. They cannot be applied for unless Land Registry has refused to grant a superior title. They may be granted if the Registrar is of the opinion that the applicant's title to the Property has been established only for a limited period of subject to certain reservations that cannot be disregarded (section 9(4) Land Registration Act 2002). An example would be where the title depended on a transaction that appeared to be in breach of trust. The title would then be qualified so as to preserve any interest of the beneficiaries of the trust.

Where leasehold titles are concerned, Land Registry will grant qualified title if they think that either the applicant's title to the Property, or the lessor's title to the reversion, has been established only for a limited period subject to certain reservations that cannot be disregarded under section 10(5) Land Registration Act 2002.

Possessory Titles
Possessory title may be granted for freehold Property under section 9(5) Land Registration Act 2002 and leasehold Property under section 10(6) Land Registration Act 2002 if the Registrar is of the opinion that:
- the applicant is in actual possession of the Property, or in receipt of the rents and profits of the Property, by virtue of the estate, and
- there is no other class of title with which they may be registered.

An estate owner with a limited or no documentary title may still be registered with possessory title.

Titles based on assents
Under section 36(7) Administration of Estates Act 1925, a purchaser may accept an assent by a personal representative in respect of an unregistered legal estate as sufficient evidence that the assentee is the person entitled to have the legal estate conveyed to them, unless notice of a previous assent affecting that legal estate has been placed on or annexed to the probate or letters of administration. However, the Registrar does not have the protection conferred by this provision on an application by Conveyancing Solicitors and Property Lawyers for first registration.

Any application by Conveyancing Solicitors and Property Lawyers for first registration based on an assent should, therefore, be accompanied by a copy of the Will, or a statutory declaration showing that the estate owner became entitled on the intestacy of the deceased. If the position is affected by a deed of variation, deed of family arrangement or Court Order, a copy of that should also be lodged.

Title to appurtenant easements
Conveyancing Solicitors and Property Lawyers must not only show title to Property being registered but also to any appurtenant easements. Land Registry will normally make no entry of the benefit of easements unless they are satisfied as to the title to them. However, there is usually no need to show any earlier title to appurtenant easements that are created or transferred by the root deed.

Title to the easement must be shown even where the servient Property is registered and the easement is noted in the Property deeds. This notice does not guarantee the validity of the easement (section 32(3) LRA 2002) and Land Registry cannot rely on it as evidence of title. Where the servient Property is registered and the easement is not already noted in the Property deeds, Land Registry can still enter it as appurtenant on first registration if they are satisfied that it exists. However, Land Registry will normally need to note the burden of the easement on the servient title at the same time.

If the easement was granted on or after 13 October 2003 over Property that was registered at the time, Conveyancing Solicitors and Property Lawyers will need to apply for registration of the easement on that title, using form AP1, before Land Registry can note the burden or enter the benefit (rule 90 Land Registration Rules 2003). In other cases, Conveyancing Solicitors and Property Lawyers do not need to make a specific application.

In all cases where Land Registry propose to note the burden of the easement on the servient title, they will serve notice on the registered proprietor, and normally on any Mortgagee, before doing so. However, Conveyancing Solicitors and Property Lawyers will need to supply evidence of the consent of any registered Mortgagee whose charge already existed when the easement was granted. Conveyancing Solicitors and Property Lawyers will need to comply with any restriction, if the servient Property was registered when the easement was granted.

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

. . . continued on page 16 (Manchester Conveyancing Solicitors Property Lawyers for Buying and Selling a House 16)

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

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