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 4
Buying and Selling Property / Land
Lodging applications for first registration
Form of application
Panel 4 - Class of title applied for
Where Conveyancing Solicitors and Property Lawyers are applying for only a possessory title or good Leasehold title, they should enter 'X' in the relevant box in panel 4. Otherwise, they should enter 'X' against absolute freehold or absolute leasehold as the case may require. The Land Registry will then grant the best class of title that the circumstances permit.
Conveyancing Solicitors and Property Lawyers should note that the Land Registry might not be able to grant the class of title that requested.
- Mixed freehold and leasehold
Occasionally, due to inadequate descriptions in old deeds, freehold and leasehold Property may have become indistinguishable. In such a case Conveyancing Solicitors and Property Lawyers should apply for absolute freehold title. The title will probably be registered as an absolute freehold title, but with a note on the Property deeds (register) stating that the part of the Land (if any) that is leasehold is registered with good leasehold title only.
- Former Leasehold enlarged to freehold
Absolute freehold title may also be applied for where a term of years has been enlarged into a fee simple under section 153(8) Law of Property Act 1925 or section 65(4) Conveyancing and Law of Property Act 1881. If the evidence supplied is satisfactory, Land Registry will make an entry in the Property deeds (register) to reflect the appropriate legislation under which enlargement has occurred.
If the Land Registry is not satisfied with the evidence of enlargement, the freehold title will not be registered.
Panel 5 - Application, priority and fees
- Merger of registered and unregistered Leases
Where a Lease registered in the name of the estate owner is to merge in the immediate reversion, panel 5 should include an application to close the leasehold title on merger. Conveyancing Solicitors and Property Lawyers should also enclose a completed form AP1 with the application, quoting the merging titles. If the leasehold title is charged they must lodge any form(s) DS1/DS2 or deed(s) of substituted security that are appropriate, or request the Mortgage Lender to discharge the mortgage electronically.
Where an unregistered Lease belonging to the estate owner is to merge in the immediate reversion, panel 4 should include an application for the merger.
- Easements and other rights
Easements and other rights referred to in the latest transfer will normally be included in the title, without specific application, if the Land Registry is satisfied that they benefit the estate being registered.
If the Property has the benefit of rights not granted by deed Conveyancing Solicitors and Property Lawyers should apply specifically if they want them to be included in the title (see rule 33(1)(b) Land Registration Rules 2003). Conveyancing Solicitors and Property Lawyers should give details of the rights claimed, and prove their existence by appropriate statutory declarations.
- Other applications and their priority
All Mortgages to be registered and any action Conveyancing Solicitors and Property Lawyers are applying for (such as amalgamation with an existing registered title) should be listed in panel 5 in their intended order of priority, and any appropriate documents should accompany the application.
Where Conveyancing Solicitors and Property Lawyers are applying for any action with a specified application form, such as a restriction (form RX1) or designation as an exempt commercial information documents (form EX1), they should include that form, duly completed.
Panel 6 - The applicant
The name(s) of the people applying to be registered as proprietors should be given here. Where Conveyancing Solicitors and Property Lawyers lodge the application, the names of the clients not the firm should be given here. If the applicant is a Company or Limited Liability partnership the second part of the panel will been to be completed.
For Corporate bodies that are not registered under the Companies Act 2006 in the UK see section: Constitution of a Corporation.
Panel 7 - The application is sent to Land Registry by
Conveyancing Solicitors and Property Lawyers should fill in particulars of the firm. They should provide either a postal address or DX address for correspondence.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
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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
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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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