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
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Buying and Selling Property / Land
Dealings with Property before first registration is completed
Other dealings
It can be protected by Conveyancing Solicitors and Property Lawyers in the interim by a caution against first registration or, in some cases, such as where there is an equitable easement, by registration of a Land Charge.
Reservation of a sale of part
Sellers who have reserved to themselves a legal easement generally need take no action as their interest will automatically be noted in the Property deeds on first registration of the servient Property. If the rights are overlooked by the examiner they will continue to bind the registered proprietor as overriding interests. In a few instances, however, the overriding status of these rights may be lost on a subsequent transfer of the servient Property.
Dealings with Property in the course of registration
Land Registry cannot supply an official copy of the Property deeds to Conveyancing Solicitors and Property Lawyers until the registration has been completed. A person dealing with the Property owner should therefore investigate the title as if the Property was still unregistered.
Conveyancing Solicitors and Property Lawyers may secure priority for such a dealing by means of an official search. They can use form os1 for searches affecting the whole of the pending first registration and form os2 for searches of part. Conveyancing Solicitors and Property Lawyers should describe the search as 'Pending first registration search' in the relevant panel of the search form. The search will disclose, among other things, details of any applications or official searches with priority pending against the Property deeds.
Checklist:
- have the Conveyancing Solicitors and Property Lawyers lodged a fully completed and signed form FR1?
- have the Conveyancing Solicitors and Property Lawyers lodged all the documents of title and listed these in form DL (in duplicate) ?
- can Land Registry precisely identify the extent of the Property from either a plan or the postal address ?
- have the Conveyancing Solicitors and Property Lawyers enclosed the correct fee ?
- have the Conveyancing Solicitors and Property Lawyers enclosed any appropriate Land Charges Department searches ?
- where the applicants are joint proprietors, have the Conveyancing Solicitors and Property Lawyers indicated whether they are beneficial joint tenants or tenants in common ?
- have the Conveyancing Solicitors and Property Lawyers supplied the address for service of the applicant for entry in the Property deeds
- Conveyancing Solicitors and Property Lawyers should check clerical details in all forms and deeds (especially Mortgages and Charges) and pay particular attention to all dates, property descriptions, title numbers and full names of parties, especially where they appear in more than one deed.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
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
Or you can use the ENQUIRY FORM (click here).
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Manchester
City Centre Serviced Office - Conference rooms are also
available by prior appointment at:
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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