Manchester Conveyancing Lawyers | Ford Banks Irwin Solicitors - The Property Solicitors in Manchester on Fees for Buying / Selling a 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 4
Transfer / Buying a House / Apartment / Flat
Protection of Third Party Interests
Restrictive Covenants in Leases:
Notice cannot be entered in the Property Deeds in respect of a covenant that relates to the demised premises. On registration of a person as proprietor of a leasehold Property, that estate is vested in them with all interests subsisting for the benefit of the estate but subject to all liabilities and obligations, including covenants, incident to that estate. However, where a covenant in a Lease does not relate to the demised premises it may be protected by the entry of an agreed notice or unilateral notice in respect of the affected estate. An application by Property Solicitors and Conveyancing Lawyers for an agreed notice should be in form AN1 and be accompanied by a certified copy of the Lease containing the restrictive covenant. The consent of the registered proprietor, if available, should be provided. An application for a unilateral notice should be in form UN1 setting out in a statement in panel 11 or a Solicitor's certificate in panel 12 details of the covenant and the Lease in which it is contained, including the date of the Lease and the parties. Confirmation should be given that the covenant does not relate to the demised premises.
Pending Land Actions:
A Pending Land Action is an action or proceedings in Court relating to Land or any interest in or charge on land. An action that relates to an undivided share under a trust of land is not a pending land action.
A pending land action may be protected by agreed notice or unilateral notice. If Property Solicitors and Conveyancing Lawyers apply for an agreed notice they should lodge form AN1 and the sealed claim form and notice of issue. If applying for a unilateral notice Land Registry require form UN1 setting out in a statement in panel 11 or a Solicitor's certificate in panel 12 details of the pending land action, including particulars of the Court, confirmation that the action is a pending land action, the full Court reference and the parties.
A pending land action may sometimes be protected by restriction, in which case Property Solicitors and Conveyancing Lawyers should apply in form RX1. The form of the restriction will depend on the nature of the claim made in the pending land action. The application should be accompanied by a certified copy of the claim form and notice of issue. The statement in panel 12 of form RX1 or Solicitor's certificate in panel 13 should be completed, setting out details of the pending land action as for a unilateral notice. Generally, however, application to protect a pending land action should be by way of notice.
Writs or Orders affecting Land:
Any writ or Order affecting land, or made for the purpose of enforcing a judgement, may be protected by agreed notice or unilateral notice. A writ or Order that relates to an undivided share under a trust of land is not an interest affecting land for this purpose. If Property Solicitors and Conveyancing Lawyers apply for an agreed notice they should lodge form AN1 and the writ or Order or a certified copy. If applying for a unilateral notice they should lodge form UN1, completed with either a statement or a Solicitor's certificate setting out details of the writ or Order, including particulars of the Court, the date of the Order, the full Court reference and the parties.
Such a writ or Order may also be protected by restriction, in which case Property Solicitors and Conveyancing Lawyers should apply in form RX1. The form of the restriction will depend on the nature of the writ or Order. Rule 93 Land Registration Rules 2003 details the form of restriction to which people holding the benefit of certain orders will be entitled.
Where the Order has the effect of creating a trust of land the interest cannot be protected by the entry of a notice. Generally, Property Solicitors and Conveyancing Lawyers may apply in form RX1 for a form A restriction if one has not already been entered in the Property Deeds. A form A restriction ensures that any capital money should be paid to two trustees or a trust corporation. The statement in panel 12 of form RX1 or Solicitor's certificate in panel 13 should be completed, setting out details of the Order.
A beneficiary under a trust of land created by such a writ or Order may, however, wish to apply for an additional form of restriction and will be able to do so in certain circumstances. For example, if the effect of the Order is that the registered proprietors hold on trust of land for the beneficiary and for themselves, the beneficiary may apply for a restriction in form II.
An application for such a restriction should be in form RX1 and should be accompanied by a certified copy of the writ or Order. The statement in panel 12 or Solicitor's certificate in panel 13 should be completed, setting out how the beneficiary's interest under the trust of land has arisen through the writ or Order made.
Property Solicitors and Conveyancing Lawyers should note that payment of capital money to two trustees or a trust corporation will still overreach the beneficiary's interest under the trust of land and a restriction in form II will not prevent overreaching.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 6 (Manchester Conveyancing Solicitors Property Lawyers on Fees for Buying / Transfer of Apartment / Flat / House 6)
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 Conveyancing Solicitors Property Lawyers on Fees for Buying / Transfer of Apartment / Flat / House 1 | Manchester Conveyancing Solicitors Property Lawyers on Fees for Buying / Transfer of Apartment / Flat / House 2 | Manchester Conveyancing Solicitors Property Lawyers on Fees for Buying / Transfer of Apartment / Flat / House 3 | Manchester Conveyancing Solicitors Property Lawyers on Fees for Buying / Transfer of Apartment / Flat / House 4 | Manchester Conveyancing Solicitors Property Lawyers on Fees for Buying / Transfer of Apartment / Flat / House 5 | Manchester Conveyancing Solicitors Property Lawyers on Fees for Buying / Transfer of Apartment / Flat / House 6 | Manchester Conveyancing Solicitors Property Lawyers on Fees for Buying / Transfer of Apartment / Flat / House 7 | Manchester Conveyancing Solicitors Property Lawyers on Fees for Buying / Transfer of Apartment / Flat / House 8 | Manchester Conveyancing Solicitors Property Lawyers on Fees for Buying / Transfer of Apartment / Flat / House 9 | Manchester Conveyancing Solicitors Property Lawyers on Fees for Buying / Transfer of Apartment / Flat / House 10 | Manchester Conveyancing Solicitors Property Lawyers on Fees for Buying / Transfer of Apartment / Flat / House 11 | Manchester Conveyancing Solicitors Property Lawyers on Fees for Buying / Transfer of Apartment / Flat / House 12 | Manchester Conveyancing Solicitors Property Lawyers on Fees for Buying / Transfer of Apartment / Flat / House 13 | Manchester Conveyancing Solicitors Property Lawyers on Fees for Buying / Transfer of Apartment / Flat / House 14 | Manchester Conveyancing Solicitors Property Lawyers on Fees for Buying / Transfer of Apartment / Flat / House 15 | Manchester Conveyancing Solicitors Property Lawyers on Fees for Buying / Transfer of Apartment / Flat / House 16 | Manchester Conveyancing Solicitors Property Lawyers on Fees for Buying / Transfer of Apartment / Flat / House 17 |