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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 18

Buying and Selling Property / Land

Forms of transfer inducing first registration

Use of a Land Registry transfer or assent
A Land Registry transfer is particular useful for a sale of Property free from incumbrances. In other cases, since there is no title register, either the incumbrances must be mentioned in the transfer or the title guarantee must be modified. A suitable modification would be:
'This transfer is made with full title guarantee but the covenant set out in section 3(1) of the Law of Property (Miscellaneous Provisions) Act 1994 does not extend to the incumbrances (other than monetary charges, if any) appearing on the title'

Transfer and assent forms
There are various forms for transfers and assents of whole and part titles. They may be used for transfers that will cause compulsory registration as well as transfers of registered Property.

The forms are: Forms TR1, TR2 and TR5. Conveyancing Solicitors and Property Lawyers use these forms for transfers of the whole of the Property in one or more titles. TR2 is for a transfer by a Mortgagee in possession. TR5 is an alternative to TR1 for use when transferring a portfolio of titles (registered or unregistered).

Forms TP1, TP2 and TR5. Conveyancing Solicitors and Property Lawyers use these forms for a transfer that comprises or includes part only of the Property in a title, or where the transferor retains mines and minerals or transfers mines and minerals while retaining the surface Land. TP2 is for a transfer by a Mortgagee in possession. TR5 is an alternative to TP1 for use when transferring a portfolio of titles (registered or unregistered) that includes part titles.

Form AS1. Conveyancing Solicitors and Property Lawyers use this form for an assent of the whole of the Property in one or more titles.

Form AS3. Conveyancing Solicitors and Property Lawyers use this form for an assent that comprises or includes part only of the Property in a title.

Vesting of Land in new trustees of an existing trust on the death of a sole or last surviving trustee
Where Property is held by personal representatives of a sole or last surviving trustee of a continuing trust of Land, a Conveyance, transfer or deed of appointment should be used by Conveyancing Solicitors and Property Lawyers to vest the Property in the new trustees, all of which will, if dated on or after 6 April 2009, trigger compulsory registration. The use of an assent in these circumstances (whether in a Land Registry form or not) is incorrect.

Dealings with Property before first registration is completed

Sometimes an unregistered estate that has become subject to compulsory first registration (because of a qualifying transfer, Lease or Mortgage) needs to be dealt with again before registration has been applied for.

This is possible, but the Land Registration Act 2002 will apply to the later dealing or dealings as if the Property was already registered under rule 38 Land Registration Rules 2003.

So Land Registry forms must, where applicable, be used for later dealings, and the registration requirements set out in section 27 and schedule 2 LRA 2002 should be met.

Conveyancing Solicitors and Property Lawyers can apply to register a later dealing(s) either at the same time as the application for first registration or subsequently. They cannot apply before the first registration application has been made. If the first registration application is cancelled for any reason, any application to register the later dealings will also be cancelled.

The following sections explain who disponees who are in this position can apply for registration, and what they can do, if necessary, to protect their interests by other means.

Dealing is a Transfer
Conveyancing Solicitors and Property Lawyers for the Transferee have a choice. They can either:
- insist that a transferor who is required to apply for first registration under section 6(1) Land Registration Act 2002 does no, and then lodge their own application (in form AP1) at the same time or later, or
- apply for first registration themselves, which they are entitled to do because section 6(1) LRA 2002 allows the application to be made by the successor in title to the Property owner who first becomes liable to make it.

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

. . . continued on page 20 (Manchester Conveyancing Solicitors Property Lawyers for Buying and Selling a House 20)

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