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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 15

Buying and Selling Property / Land

The examination process and classes of title

Land Charges void for non-registration at the Land Charges Department

If Conveyancing Solicitors and Property Lawyers claim that a post 1925 restrictive covenant or other incumbrance is void for non-registration and therefore should not be noted in the Property deeds, they should raise the matter in a covering letter and supply the necessary evidence. Note that a restrictive covenant, that is unprotected by registration at the Land Charges Department, is nevertheless binding on the Property owner where there has been no intervening purchase for money or money's worth of the legal estate affected by the covenant.

Conveyancing Solicitors and Property Lawyers should also note that the Land Charges Act 1972 does not apply to a Land Charge created by an instrument that conveys, grants or assigns an estate in land and affecting that estate, if the instrument was executed on or after 27 July 1971 and gives rise to compulsory first registration (section 14(3) Land Charges Act 1972). It follows that purchaser's restrictive covenants, etc, in such an instrument are not void for non-registration at the Land Charges Department.

So where, for example, a purchaser's restrictive covenant appears in a transfer on sale dated 4 August 1971 and has not been registered at the Land Charges Department, it is necessary to check the date on which first registration became compulsory. If the date is earlier than August 1971, the covenant is not void for non-registration.

For dates of compulsory first registration in each administrative areas Conveyancing Solicitors and Property Lawyers should contact the Land Registry.

Conveyancing Solicitors and Property Lawyers should note the following points when preparing the evidence in support of a claim that a Land Charge has become void for non-registration at the Land Charges Department:
- provide a clear Land Charges search certificate in the name(s) of the relevant Property owner(s), including any former names or variations
- the search must cover the whole period of ownership of each of the Property owners to which it relates. Where a Property owner has died, it should also cover the period from the death to the next transfer for value. A search where the priority period expired before the date of a transfer, that it is claimed took effect free from the Land Charge, will not be acceptable to Land Registry
- the search must correctly state the county and any former counties
- under the Land Charges Act 1925 (repealed), restrictive covenants in favour of a local authority could be registered either at the Land Charges Department or as local Land Charges (section15(1) Land Charges Act 1925 (repealed). Since 1 August 1977 the two categories are mutually exclusive, and restrictive covenants binding on successive owners of the Property affected by reason of their being made for the benefit of the Property belonging to the local authority are no longer classed as local Land Charges. Therefore, if Conveyancing Solicitors and Property Lawyers apply to register Property free from a restrictive covenant in favour of a local authority in a deed dated before 1 August 1977, Land Registry will need to see a clear local Land Charges search as well as a clear land charges search.
- a restrictive covenant made with a local authority on or after 1 January 1926 and enforceable against a purchaser by virtue of a special statutory provision, rather than by virtue of the general law, is a local land charge and as such cannot be void for non-registration. It is an overriding interest until protected on the Property deeds. The same applies to a restrictive covenant made with a minister of the Crown or Government department on or after 1 August 1977 and enforceable against a purchaser by virtue of a special statutory provision.
- If any of the Property falls within the former North, East or West Ridings of Yorkshire and the Land Charges search relied on is dated prior to 1 April 1976, the search may not reveal land charges registered at the relevant Yorkshire deeds registry (or if it is a search in the Yorkshire deeds registry land charges register, at the Land Charges Department). In this situation, Conveyancing Solicitors and Property Lawyers should make a further search at the Land Charges Department
- any correspondence with the Land Charges Department must be lodged

Property that has been in the same ownership for a considerable time
Where Property has not changed hands for centuries it may be impossible to deduce title in the normal way because the applicant has no satisfactory documents of title. In extreme cases there may be no record at all of the circumstances in which the Property was acquired.

Applications where full documentary title cannot be produced are provided for by rule 27 Land Registration Rules 2003. Conveyancing Solicitors and Property Lawyers should lodge evidence:
- satisfying the Registrar that the applicant is either entitled or required to apply for first registration
- where appropriate, accounting for the absence of documentary evidence of title.

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

. . . continued on page 17 (Manchester Conveyancing Solicitors Property Lawyers for Buying and Selling a House 17)

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

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