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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 19

Buying and Selling Property / Land

Dealings with Property before first registration is completed

Dealing is a Transfer
If the Conveyancing Solicitors and Property Lawyers for the transferees are satisfied with the title offered, it will often be best for them to make the application themselves. They should apply in form FR1, showing themselves as the applicants in panel 6. They should note that where application is made using forms FR1 and AP1, separate scale fees are payable for each transaction.

If more than two months have elapsed between the event that triggered compulsory registration and the date of application, the transferee will be an 'interested person' who is entitled to apply to the Registrar for an extension to the period for registration under section 6(5) Land Registration Act 2002.

Whichever method is adopted, a transfer that takes place after the requirement for first registration has arisen must be in the appropriate Land Registry form.

Dealing is the grant of a Lease
Lessees are not successors in title to their lessor's reversionary estate, so they cannot apply to register it. If the Lessor is required under section 6(1) Land Registration Act 2002 to apply for first registration of their estate, and the Lease is of a kind that will need to be registered (see section 27(2)(b) LRA 2002), the intending Lessee should insist that the Lessor applies for first registration before the Lease is completed.

Until the Lessor's estate is registered, the Lease cannot be registered. The grant of the Lease is a disposition that does not pass the legal estate until the registration requirements are met. Those requirements cannot be met until the Lessor's title has been registered, so that the Lease can be noted as an incumbrance in the Property deeds.

The Lease cannot be registered voluntarily under section 3(2) Land Registration Act 2002 because there is no legal estate.

If the Lessor does not apply to register their own title within the two months period, the Lessee cannot prevent the Lessor's legal estate, and their own, becoming void under section 7(1) LRA 2002.

In these circumstances the Lessee may protect their interest by:
- applying for a caution against first registration (section 15(3) LRA 2002 does not prevent this, as the Lessee does not have a legal estate), and
- registered a class C(iv) Land Charge.

Charges / Mortgages

First Legal Mortgage
The Mortgagee should ensure that the mortgagor applies for registration of the Property in the name of the Mortgagor and for its mortgage to be registered as a charge. If necessary, the Mortgagee can make an application in the name of the Mortgagor for the estate charged by the mortgage to be registered without the consent of the Mortgagor (see section 6(6) LRA 2002 and rule 21 LRR 2003).

Puisne Mortgage (second charge) by the Property owner of unregistered Land
The Mortgagee should obtain the necessary priority for its charge by making an official search at the Land Charges Department. If it is not in a position to ensure that an application for first registration of the Property (and its own charge) is made within the priority period of its search, it should protect its interest by registering a class C(i) Land Charge.

The Mortgagee can also register a caution against first registration. Though the caution will not give it any priority against subsequent dealings, it will ensure that it is notified when an application for first registration is made, so that it can then apply to register the Mortgage.

Other dealings
If a transaction other than a transfer, Lease or Mortgage (such as the grant of an easement) is affected by rule 38 Land Registration Rules 2003 then:
- Land Registry cannot register it, guarantee the benefit of it or note it (as appropriate) until application for first registration is received, and
- it will then require a separate dealing application and fee (unless covered by an abatement).

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

. . . continued on page 21 (Manchester Conveyancing Solicitors Property Lawyers for Buying and Selling a House 21)

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