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 16
Buying and Selling Property / Land
The examination process and classes of title
Property that has been in the same ownership for a considerable time
In cases involving ancient possessions, where the deeds (if any) cannot be easily identified or do not clearly identify the Property, Conveyancing Solicitors and Property Lawyers should lodge a statutory declaration in support of the application.
Information should also be provided as to whether or not the applicant is either in occupation of the Property or receiving any rents and profits from it.
Individual arrangements for certificates of title may be considered for charities and other large Property owners who can provide reliable information on title.
First registration based on dispositions by the Crown and the Duchies of Lancaster and Cornwall
Section 80 Land Registration Act 2002 lists those dispositions by the Crown that are subject to compulsory registration. For dispositions by the Royal Duchies, the normal provisions of section 4 Land Registration Act 2002 apply.
Conveyancing Solicitors and Property Lawyers should lodge applications based on dispositions by the Crown or Duchies in the normal way, using form FR1 and form DL in duplicate.
Land Registry will not normally expect Conveyancing Solicitors and Property Lawyers to have any deeds deducing title other than the grant by the Crown or the transfer by the Royal Duchy. If they do hold any affecting deeds and documents, however, they should include them with the application so that Land Registry can extract any matters affecting the title that need entry in the Property deeds.
Conveyancing Solicitors and Property Lawyers will need to supply Land Charges searches against the Crown Estate Commissioners, the Sovereign, the Duchy of Cornwall and/or the Duchy of Lancaster, as appropriate. There are special arrangements for ordering these searches.
Foreshore
If the Property Conveyancing Solicitors and Property Lawyers are applying to register comprises or includes foreshore, or abuts Crown foreshore, Land Registry will serve notice on the Crown Estate Commissioners and, where appropriate, on the Royal Duchies and the Port of London Authority (rule 31(1) Land Registration Rules 2003) before they complete the registration.
Conveyancing Solicitors and Property Lawyers should lodge any agreement as to the operation of accretion and diluvion, together with any necessary consents (rule 123(1) Land Registration Act 2003), the terms of which they shall enter in the Property deeds under section 61(2) Land Registration Act 2002.
Escheat
If Conveyancing Solicitors and Property Lawyers are applying to register a Property where a previous freehold estate has reverted to the Crown or Duchies on escheat, they should apply as normal using form FR1 and form DL in duplicate. The grant or transfer will recite the details of the escheat, including the title number, if the determined estate is registered. Subject to serving notice on the registered proprietor of the determined estate, Land Registry will register the applicant as proprietor of a new freehold estate and close the title of the determined estate. The new estate will be subject to all the incumbrances that previously affected the determined estate, unless Conveyancing Solicitors and Property Lawyers for the applicant are able to lodge evidence to the contrary, such as a Court Order or evidence that they are unenforceable.
Purchases by Tenants of public housing, purchases of housing estates etc and repurchases of defective housing
Absolute, or in certain cases, good leasehold title is granted without any examination of the seller's or lessor's title in the case of purchases under the 'right to buy' scheme or its extension, and in certain other cases for which statutory provision has been made. In these cases a certificate of title will be provided in one of the following forms.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
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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
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk
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Manchester
City Centre Serviced Office - Conference rooms are also
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Manchester
Conveyancing Solicitors | Ford
Banks Irwin Solicitors
Pall Mall Court
King Street
Manchester
M2 4PD
Tel: 0161 866 8574
Please telephone 0161 866 8999 for a free quote.
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