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 5
Buying and Selling Property / Land
Lodging applications for first registration
Form of application
Panel 8 - Address(es) for service of each proprietor of the estate
This information will be entered in the Property deeds (Proprietorship register). Conveyancing Solicitors and Property Lawyers can give up to three addresses for service of each applicant.
One address for each applicant must be a postal address, whether or not in the United Kingdom (rule 198(3) Land Registration Rules 2003).
The others may be a different postal address, a UK document exchange address or an electronic (email) address (rule 198(4) and (7) Land Registration Rules 2003). There is no need to give more than one address for each applicant.
Panel 9 - Where the applicant is more than one person
Where there are joint estate owners, Conveyancing Solicitors and Property Lawyers must select one of the options in panel 9 by placing 'X' in the appropriate box.
If they are neither joint tenants nor tenants in common in equal shares, Conveyancing Solicitors and Property Lawyers need to select the last box and complete the statement as necessary.
The purpose of this is not to give the Registrar notice of the trusts under which the Property is held (under section 44(1) LRA 2002), but simply to enable Land Registry to enter a form A restriction (see rule 95(2)(a) LRR 2003). Land Registry must enter this restriction whenever they register two or more persons as proprietors of an estate in Land, unless the survivor of the proprietors will be able to give a valid receipt for capital money arising on a disposition. As a rule, the survivor can only give a valid receipt where the proprietors are equitable joint tenants or the personal representatives of an absolute owner.
Panel 10 - Name and address(es) for service for the proprietor of any Mortgage (charge)
All Mortgages and Charges to be registered should have been listed in panel 5. Unless the Mortgage deed carries a Land Registry MD reference (which can usually be found at the foot of the first page of the Mortgage deed), Conveyancing Solicitors and Property Lawyers should have in panel 10:
- the full name of the Mortgage Lender
- its registered number if it is a Company or a Limited Liability Partnership registered in the UK under the Companies Act 2006
- the territory of incorporation and registered number in the UK (if any) if it is an overseas corporation
- up to three addresses for service, as explained under panel 8
Where the Mortgage Lender is a bank, or building society, Land Registry will usually ask for details of the relevant branch or securities centre address and sort code.
If the Mortgage has been transferred since it was created, Conveyancing Solicitors and Property Lawyers must give this information and provide evidence of the transfer, even if it bears an MD reference.
Where the Mortgage has no MD reference and the Mortgagee is a Corporate body that is not registered in the UK under the Companies Act 2006, see section: Constitution of a corporation.
Panel 11 - Disclosable overriding interests
Schedule 1 LRA 2002 lists the interests that override first registration. Conveyancing Solicitors and Property Lawyers should also refer to paragraphs 7 to 13 of schedule 12 LRA 2002 for transitional arrangements relating to overriding interests.
With certain exceptions, Conveyancing Solicitors and Property Lawyers should disclose overriding interests that affect the Property being registered, and that the applicant actually knows about . The exceptions are set out in rule 28(2) Land Registration Rules 2003. In particular, they do not need to disclose any interest that is apparent from the deeds and documents of title lodged with the application.
In this panel, Conveyancing Solicitors and Property Lawyers should state whether there are any disclosable overriding interests, by placing an 'X' in the appropriate box. If there are any, they should list them on form DI and lodge it with the application.
Land Registry may enter a notice in the Property deeds of any interest that is disclosed.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 7 (Manchester Conveyancing Solicitors Property Lawyers for Buying and Selling a House 7)
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
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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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