Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester for Buying / Selling Leases and Business Premises
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
continued from page 6 . . .
Buying and Selling Leases
Bulk applications affecting one or more Land Registry Office
The Evidence of title required on first registration
Any plan should be prepared to the following guidelines:
- It should be drawn true to scale and have a north point;
- it must be at a scale that enables Land Registry to accurately identify the extent being registered. Preferred scales are 1/1250 or 1/500 for urban or sub-urban Properties and 1/2500 for rural Properties such as farms or large tracts of Land. Scales using the imperial system of measurement (eg 16 feet to 1 inch) are no longer acceptable.
- It must show sufficient detail to enable the position and precise extent of the Property to be related to the current Ordnance Survey map (eg roads and road junctions and other Land marks) and it must not mask any existing details shown on the plan.
- The Property that you wish to register must be clearly identified by edging or colouring (red edging is conventionally used).
- Multiple parcels of a Property (eg. House, parking space, dustbin space) must be identified separately by suitable plan markings.
- Different floor levels must be identified on the plan and in the text of the deed.
- Buildings, and any access drives and pathways that form plot boundaries, must be shown in their correct positions.
- Intricate boundaries should be shown by using a larger scale or inset plan
- Undefined boundaries (ie. where there is no physical feature) must be drawn accurately and located by reference to metric measurements on the plan if necessary.
- Any measurements on the plan must be shown using metric units.
- Any dimensions shown on the plan should correspond, as far as possible, to the scaled measurements.
- It should not be marked, or referred to, as being for identification only.
- Statements of disclaimer intended to comply with the Property Misdescriptions Act 1991 are not acceptable for registration purposes. They are also inappropriate to any pre-completion services such as searches of the index map or official searches of part of a registered title.
Conveyancing Solicitors and Property Lawyers must avoid using 'copy protected' plans for the documents. These are plans that have an inbuilt device that prevents photocopies being taken. Such plans are not acceptable to Land Registry as it prevents the scanning of the plan.
Where Conveyancing Solicitors and Property Lawyers intend to use computer-generated plans for the deeds, they should refer a draft example to the Land Registry before finalising the deed, preferably with the draft transfer. Land Registry will then confirm their acceptability or give further guidance.
Where there is a conflict between the latest Ordnance Survey detail and the detail shown on older deed plans on which the application is based, it may be necessary to refer the deed back to the Conveyancing Solicitors and Property Lawyers for more information or clarification.
NB. The above matters will need to be discussed with the Register Development Team where the application consists solely of first registrations.
Applications to register legal charges (Mortgages) on registered and unregistered Property
If the charge (Mortgage) includes a first legal charge over unregistered Property, which is to be protected by the deposit of the title deeds, then an application for first registration of that Property is compulsory.
How the fee is calculated
See section: Large Scale applications (calculation of fees) which gives detailed information about the calculation of fees on LSAs, including discounts on voluntary first registrations where applicable.
When referring applications to the Commercial Arrangements Section, Conveyancing Solicitors and Property Lawyers will be required to give details of the transaction so that they can estimate the fee payable. On Small Scale Applications where there are 19 or fewer titles involved the fee will be assessed under a scale fee for the registered titles and for the first registrations. Please note that fees are assessed separately for first registrations and registered titles.
Multi-title Mortgages
Where an application includes a Mortgage affecting numerous Properties the original Mortgage will be returned to the Conveyancing Solicitors and Property Lawyers for the applicant, provided a certified copy has been lodged with the application.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 8 (Manchester Conveyancing Solicitors Property Lawyers for Buying and Selling Leases 8)
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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