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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 8

Buying and Selling Property / Land

Lodging applications for first registration

Documents that should accompany form FR1

Title Deeds
Land Registry will normally return the pre-registration deeds after registration. Subject to the rights of any Mortgagee that wishes to hold them, the Property owners are entitled to possession of them. there are several reasons why a customer may want to keep pre-registration deeds.
- they often contain information that would not appear on the Property deeds. For example details of trusts, wayleaves, licences, short Leases, correspondence and old searches.
- They may assist in future if the title comes into question or on alteration applications.
- Recent Court decisions have stated that only the deeds can establish the exact line of a boundary on a Property registered with general boundaries.

Particularly with older Properties, the deeds may have considerable historical interest. Local archives or record offices are usually happy to take unwanted deeds and documents, either as a gift or on loan. Documents deposited on loan are always available for consultation or withdrawal by the owner.

Land Charges Searches
The Registrar can make searches and enquiries, or direct the applicant to make them (rule 30 Land Registration Rules 2003). Other than that, there are no specific requirements in the Land Registration Rules 2003 regarding searches against the Property owners or their predecessors in title.

Conveyancing Solicitors and Property Lawyers should lodge at least the following searches with the application.
- a search against the sellers in the most recent transfer on sale, and also their predecessors in title back to the preceding conveyance on sale.
- a search against the Property owners and their predecessors in title back to the last conveyance on sale, if the time that has elapsed since that conveyance is such that there is a possibility of entries having been made against their names, or if the applicants are not the estate Property owners.

Any earlier search certificates that are within the deeds should also be lodged.

The searches must be against the correct name of each Property owner and cover the whole period during which a Mortgage could have been registered in that name. In the case of a deceased Property owner, the period should extend to the date that the personal representatives disposed of the Property, or, if they have not done so, to the present. This is because charges may have been registered against the deceased's name after their death, under sections 3(1A), 5(4A) or 6(2A) Land Charges Act 1972.

Conveyancing Solicitors and Property Lawyers should note that some county boundaries have changed over the years so they should search against any appropriate former county.

Conveyancing Solicitors and Property Lawyers should account for any entry appearing on the searches lodged. If it does not affect the Property being registered, they should certify that fact. Failing this, they should explain the entry in panel 12 of form FR1, and lodge the original, a certified copy or an examined abstract of the deed or document on which the entry is founded. If this is possible, Conveyancing Solicitors and Property Lawyers should obtain an office copy of the entry from the Land Charges Department and lodge that, together with any further evidence of the protected interest.

If only an office copy of the entry is available, Land Registry are likely to make a protective entry in the Property deeds.

Certificate of registration of company charge
With a few exceptions, Mortgages created by either a UK or an overseas Company registered under the Company Act 2006 or by a limited liability partnership should be registered at the appropriate Companies Registry. See section 860 (for companies registered in England Wales and Northern Ireland), section 878 (for companies registered in Scotland) and section 1052 (for overseas Companies registered in the UK) Companies Act 2006. This should be done before Conveyancing Solicitors and Property Lawyers apply for registration of the title. The certificate of registration issued by the Companies Registry should accompany the application. If it does not, Land Registry may make an entry in the Property deeds stating that the Mortgage is subject to the provisions of section 860, 878 or 1052 Companies Act 2006, as appropriate (rules 111(2) and 111A(2) Land Registration Rules 2003).

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

. . . continued on page 10 (Manchester Conveyancing Solicitors Property Lawyers for Buying and Selling a House 10)

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

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