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 7
Buying and Selling Property / Land
Lodging applications for first registration
Documents that should accompany form FR1
Form DL
This form in duplicate, should always accompany form FR1. In panel 1, Conveyancing Solicitors and Property Lawyers should give the address or other description of the Property. In panel 2, list, in order, all the documents lodged in support of the application.
Plan
If an 'X' is placed in the first box in panel 3 of form FR1, Conveyancing Solicitors and Property must enclose a plan sufficient to enable the Property to be clearly identified on the Ordnance Survey map (rule 24(1)(a) Land Registration Rules 2003.
Lease
Where the title is Leasehold, Conveyancing Solicitors and Property Lawyers should lodge the original Lease, if it is in the applicant's control, and a certified copy. If the title is subject to any Leases they should lodge the relevant counterpart Lease. If the original counterpart Lease is required the Conveyancing Solicitors and Property Lawyers should also enclose a certified copy.
Title Deeds
Conveyancing Solicitors and Property Lawyers should send all the deeds and documents relating to the title that the applicant has or can oblige the holder to produce, including opinions of Counsel, abstracts of title, copies of documents, contracts for sale, requisitions, replies, searches and other document relating to the title. All these documents should be listed on form DL under rule 24(1)(d) Land Registration Rules 2003.
Where the application is based on a purchase for value and the title has been investigated in the usual way back to a good root at least 15 years old, Conveyancing Solicitors and Property Lawyers should resist the temptation to edit the deed package so as to send Land Registry only a recent root of title and subsequent conveyances. Though Land Registry may not need to see vary old documents, particularly if they are fragile, deeds from the 19th and early 20th centuries often contain definitive details of covenants, easements and other matters that need to be entered in the Property deeds. They may also contain better plans than more recent deeds.
Conveyancing Solicitors and Property Lawyers will reduce the likelihood of Land Registry sending out requisitions by lodging a complete bundle of deeds, and the examiner will have a better opportunity to frame fully informative entries both as to the nature of any covenants or rights and the extent of the Property affected.
Original deeds and documents need not be produced if they are not in the control of the applicant. Examples would be where:
- they affect other Property
- they are held by a Mortgagee under a subsisting charge entered into before the transfer to the Property owner (but note that, as Land Registry will have to register the Mortgage, the Mortgagee will usually have to consent to the application) or
- their production would entail the applicant paying a fee to the holder.
In such cases, Conveyancing Solicitors and Property Lawyers should supply an abstract or certified copies of the relevant deeds. Abstracts should be marked by a Conveyancing Solicitors and Property Lawyers as examined against the original deeds. All particulars of Will, grants of probate or letters of administration, marriages, civil partnerships and deaths set out in the abstract of title as separate items should also be verified and marked accordingly.
If there is no good explanation for the absence of the original deeds, Land Registry may not be able to give an absolute title. The evidence required in support of the application depends on the nature of the title and the class of title sought.
Where an application is based on an assent, Land Registry will need to be satisfied that the assentee was the person entitled to have the legal estate transferred to them.
Any original statutory declarations, statements of truth, certificates relating to stamp duty land tax, subsisting Leases, subsisting mortgages, certificates relating to stamp duty land tax and the latest document of title (such as the transfer to the applicant) will be retained under rule 203(4) Land Registration Rules 2003 unless the Conveyancing Solicitors and Property Lawyers lodge a certified copy.
(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
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