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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 17

Buying and Selling Property / Land

The examination process and classes of title

Right to buy / right to a shared ownership house
- PSD1 on Conveyance of the freehold of a House
- PSD2 on the grant of a Lease of a flat or a shared ownership Lease of a house or flat where the Landlord owns the freehold
- PSD3 on the grant of a Lease of a house or flat where the Landlord does not own the freehold
- PSD16 on Conveyance of the freehold of a house to a secure public sector tenant even though the immediate Landlord owns only a leasehold estate and not the freehold

Preserved right to buy
- PSD 13 on the Conveyance of the freehold of a house
- PSD 14 on the grant of a Lease of a flat where the Landlord owns the freehold
- PSD 15 on the grant of a Lease of a house or flat where the Landlord does not own the freehold

Disposal subject to preserved right to buy / voluntary disposal with consent of the Secretary of State / Disposal by Housing Action Trust or the Development Board for Rural Wales
- PSD 17 on the Conveyance, Lease or Assignment of housing Land or buildings. Further information on lodging these applications is available from Land Registry.

Where one of the above certificates is provided, Conveyancing Solicitors and Property Lawyers ensure that the certificate is properly completed and signed. Land Charges Department searches are not required. The Property will be registered subject only to the incumbrances mentioned in the certificate or in the deed inducing registration, and those created by the applicants.

Repurchases of defective housing
- PSD 11 freehold dwelling
- PSD 12 Leasehold dwelling

Where one of these certificates, properly completed and signed, is provided by the Conveyancing Solicitors and Property Lawyers for the applicant authority the Property will be registered subject only to the incumbrances mentioned in the certificate and any incumbrances created by the applicant authority on or after the date of the certificate. Land Charges Department searches need not be lodged.

Short titles
Sometimes a contract for sale provides for title to be deduced from a root deed less than 15 years old. Such a title might be offered where, for example, the Seller is a donee and holds no title deeds other than the deed of gift. Land Registry is unlikely to grant an absolute or good leasehold title in such circumstances.

Enquiries in advance of an application
Enquiries about practice may be made at any time and at any Land Registry office. However, until the formal application is made, accompanied by the appropriate deeds and documents and the appropriate fee, Land Registry cannot express any opinion about a particular title.

Except where the Registrar has additional requirements, the title should be prepared for first registration by Conveyancing Solicitors and Property Lawyers as if they were preparing it for examination by a Purchaser. They should give full information on any points that a well advised purchaser would raise requisitions about. The possibility that Land Registry may already know the title or part of it should be disregarded unless the Seller produces written evidence of a special arrangement.

Forms of transfer inducing first registration

Use of a Land Registry transfer or assent
A Conveyance of unregistered Property must be made by deed, but the form of deed is largely immaterial, as long as it is clear and contains all the provisions that are necessary to give effect to what the parties have agreed. Hence, a Conveyance (including one giving effect to a partition of unregistered Property among the beneficiaries of a trust of Land or one that is made in consequence of the appointment of a new trustee) or an assent that will lead to compulsory first registration can be made either in the traditional form, or by using the appropriate Land Registry form of transfer. The appropriate Land Registry form of transfer can also be used where a new trustee is being appointed and the unregistered Property is being expressly transferred to the new and continuing trustees in the same deed.

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

. . . continued on page 19 (Manchester Conveyancing Solicitors Property Lawyers for Buying and Selling a House 19)

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 Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester for Buying / Selling House / Flat / Apartment