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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 2

Buying and Selling Property / Land

Compulsory applications for first registration

Cases in which compulsory registration does not apply

Conveyancing Solicitors and Property Lawyers should note that nothing in the Land Registration Act 2002 makes it compulsory to register title to:
- incorporeal hereditaments (such as rentcharges, profits and franchises), or
- mines and minerals held apart from the surface (section 4(9) LRA 2002)

Registration of the above is voluntary. Incorporeal hereditaments other than franchises, profits a prendre in gross and rentcharges can only be registered as appurtenant to registered Property. Some additional leasehold interests can also be registered voluntarily.

Voluntary applications for first registration

Section 3 Land Registration Act 2002 applies to any unregistered legal estate that is an interest of:
- a freehold or leasehold estate in Property
- a rentcharge
- a franchise
- a profit a prendre in gross

With two exceptions, a leasehold estate can only be registered voluntarily if more than seven years of the term are unexpired (section 3(3) Land Registration Act 2002).

The exceptions are:
- a Lease under which possession is discontinuous (such as a timeshare Lease) can be registered however short the term (section 3(4) Land Registration Act 2002)
- where a Lessee holds a Lease in possession and has been granted another Lease of the same Property to take effect in possession within one month of the expiry of the first Lease, the two Leases are treated as creating a single continuous term for the purpose of section3 LRA 2002. Both can be registered if the combined term exceeds seven years.

Registration in advance of a dealing

Voluntary application for first registration by Conveyancing Solicitors and Property Lawyers may be particularly useful here a prospective purchaser or Mortgagee (Lender) may have doubts about accepting the title. This may happen where, for example, the title deeds have been lost or destroyed, or are for some reason unavailable to the estate owner. Although Land Registry may not grant an absolute title, the title may still be acceptable to purchasers and mortgagees, particularly if supported by a title indemnity insurance policy.

Conveyancing Solicitors and Property must apply in form FR1 in the usual way. For further information on application where the title deeds have been lost or destroyed see section: First registration of title where deeds have been lost or destroyed.

Registration of substantial holding of unregistered Property

Substantial Land owners may well find it convenient to register the entire holding. Any Land owner contemplating voluntary registration of a large holding of unregistered Land or more than 20 individual first registrations should contact the Land Registry Development Team. Further information about bulk applications affecting a number of Properties is available on request.

Lodging applications for first registration

When registration is compulsory, the Conveyancing Solicitors and Property Lawyers for the estate owner (transferee or grantee) will usually make the application. However a Mortgagee under a mortgage falling within section 4(1)(g) Land Registration Act 2002 (ie one that triggers compulsory first registration) may make an application in the name of the mortgagor for the estate charged by the mortgage to be registered whether or not the mortgagor consents (rule 21 Land Registration Rules 2003).

Under section 3(2) LRA 2002 a person may instruct Conveyancing Solicitors and Property Lawyers to apply voluntarily to be registered as the proprietor of an unregistered legal estate if:
- the estate is vested in them, or
- they are entitled to acquire the estate to be vested in them.

The following persons cannot apply:
- a person with a leasehold estate vested in them, as a Mortgagee where thee is a subsisting right of redemption under section 3(5) Land Registration Act 2002
- a person whose entitlement is as a person who has contracted to buy under a contract under section 3(6) LRA 2002.

Section 6 Land Registation Act 2002 does not apply to voluntary first registrations as there is no duty to apply for registration.

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

. . . continued on page 4 (Manchester Conveyancing Solicitors Property Lawyers for Buying and Selling a House 4)

Please telephone Paul on 0161 866 8999 if you require any further information.

Ford Banks Irwin Solicitors
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Manchester
M32 9HB

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E-mail: info@FordBanksIrwinSolicitors.co.uk

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