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
Lodging applications for first registration
Form of application
Panel 12 - Certificate as to other interests
Generally there will be no rights, interests or claims known to the applicant other than those disclosed in the title documents or forms lodged. In this case Conveyancing Solicitors and Property Lawyers should place an 'X' in the first box in panel 12. If a certified copy of the instrument creating a right or interest is lodged, the right or interest will be treated as disclosed in the title documents and the Conveyancing Solicitors and Property Lawyers do not need to mention it here. Nor do they need to disclose again any interest listed on form DI.
If there are any other undisclosed interests, rights or claims known to the applicant, Conveyancing Solicitors and Property Lawyers should place an 'X' in the second box and complete the statement with whatever particulars are available. Any affecting Land Charges not covered in the deeds should be listed here.
Examples of third party rights, interests and claims that can affect the Property are set out below. in this context, 'land charges' means puisne Mortgages, Equitable Charges, Estate contracts, restrictive covenants, equitable easements and other charges on, or obligations affecting, Property falling in one of the classes listed in section 2 Land Charges Act 1972.
As explained in section: Who can apply? the applicant is generally the Property owner, but in certain circumstances others have the right to apply. When Conveyancing Solicitors and Property Lawyers are instructed by more than one party, for example the Property owners and the first Mortgagee, they should include any rights, interests and claims known to any of them.
- Leases and Tenancies
Conveyancing Solicitors and Property Lawyers should tell Land Registry of any Lease to which the Property is subject for which they are unable to provide any documentary evidence, and that is not an overriding interest. They should also give details if they are aware of any options contained in these Leases.
Even though the Leases are not overriding interests, the Land Registry will not object to seeing them listed on the form DI if it wold be convenient to do so.
Conveyancing Solicitors and Property Lawyers should also tell Land Registry about any options contained in the Leases that are not capable of being noted (see section 33 Land Registration Act 2002) where the option has not been disclosed in the title deeds or on form DI under paragraph 2 of schedule 1 Land Registration Act 2002.
- Land Charges registered at the Land Charges Department
see section: Land Charges Searches
- Land Charges created by the applicant (or a predecessor in title where the applicant is not a purchaser for value)
Land Charges of this kind will be binding on the proprietor whether or not they have been registered at the Land Charges Department.
- Rights acquired, or in course of being acquired, under the Limitation Act 1980
If squatters occupy any part of the Property details must be given here, unless the 'squatters' interests has been disclosed on form DI under rule 28(1) Land Registration Rules 2003. Land Registry will not complete registration until the claims of the squatters have been investigated.
- Claims
Conveyancing Solicitors and Property Lawyers should give details of any claims that may result in an objection to the application or should be noted in the Property deeds (unless disclosed on form DI). If possible, they should provide name and address of the person making the claim.
Panel 13 - Examination of Title
Conveyancing Solicitors and Property Lawyers should place an 'X' in the box if the applicant's title, including the title to any beneficial rights, has not been examined in the usual way prior to the application. If it has, they should leave panel 13 as it is. By signing panel 17 they will certify that it is correct. This enables the Registrar, if thought fit, to have regard to the prior examination by a Conveyancer when they examine the title (rule 29 Land Registration Rules 2003).
Panels 14 - 16 - Confirmation of identity
To protect Land Registry from identity fraud, they require completion of these panels when registering a transfer, Lease or Mortgage. If these are not completed, Land Registry may return the application.
(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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Conveyancing Solicitors | Ford
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Pall Mall Court
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Manchester
M2 4PD
Tel: 0161 866 8574
Please telephone 0161 866 8999 for a free quote.
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