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
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Transfer / Buying a House / Apartment / Flat
Protection of Third Party Interests
Partnerships:
Entry of a restriction in form A is obligatory on the registration of the estate in the names of the partners, as the beneficial interests will be held under a tenancy in common.
The partners may additionally wish to apply in form RX1 for the entry of a restriction in form Q. The consent of the registered proprietors to the entry of the restriction should be provided in form RX1 or a Solicitor's certificate given that such consent is held.
Overage:
An Overage agreement (or agreement to pay further consideration) may be secured by a legal or equitable charge.
If it is a term of the agreement that the registered proprietor's powers to make the disposition will be limited Property Solicitors and Conveyancing Lawyers may also or alternatively apply in form RX1 for the entry of a restriction to prevent a breach of this term. Unless the registered proprietor has consented to the entry of the restriction, the application should be accompanied by a certified copy of the overage agreement. The statement in panel 12 or form RX1 or Solicitor's certificate in panel 13 should be completed. Property Solicitors and Conveyancing Lawyers should give details of the agreement and identify the provision in the agreement limiting the registered proprietor's ability to make any disposition. Some overage agreements impose an express obligation on a party to apply for a standard form restriction, the terms of which are set out in the agreement.
Vendor's Lien:
A Vendor's lien is an interest arising when a binding contract for the sale of land is made. As the interest affects the estate before the transfer is made, it should be protected before the transfer is registered if the Buyer is not to take free. A seller's lien may be protected by agreed notice or unilateral notice. If applying for an agreed notice Property Solicitors and Conveyancing Lawyers should lodge form AN1 and the contract or a certified copy of it. If applying for a unilateral notice Property Solicitors and Conveyancing Lawyers should lodge form UN1 setting out in a statement in panel 11 or a Solicitor's certificate in panel 12 details of the contract, including the date of the contract and the parties and confirming that the seller has the benefit of a lien arising from that contract.
Property Adjustment Orders
An application for a Property Adjustment Order affecting the legal estate is a pending land action and may be protected by agreed notice or unilateral notice. If applying for an agreed notice Property Solicitors and Conveyancing Lawyers should lodge form AN1 and a copy of the petition or answer claiming relief. If applying for a unilateral notice Land Registry require a form UN1, setting out in a statement in panel 11 or a Solicitor's certificate in panel 12 details of the application for the property adjustment order (including particulars of the Court, the full Court reference, the fact that the petitioner is applying for a property adjustment order under the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004 and the parties).
An application for a property adjustment order which does not affect the legal estate is not a pending land action and cannot be protected by notice. An example would be an application for an Order merely in respect of a beneficial interest held by the other spouse or civil partner under a trust of land - in other words, where there is no dispute as to the existence of the trust, merely as to who benefits from it. By contrast, an application where the existence of the trust is in dispute (for example, an application for a declaration that a sole proprietor holds on an implied trust), or an application for the appointment of a trustee, is arguably a pending land action and so may be protected by notice.
Once the Court has made a final Order, there will no longer be a pending action. A Property Adjustment Order affecting the legal estate may be protected by an agreed notice or unilateral notice, though in most cases it will be more appropriate to complete and register a disposition giving effect to its terms. Property Solicitors and Conveyancing Lawyers applying for an agreed notice should lodge form AN1 and the Order or a certified copy. If applying for a unilateral notice Land Registry require form UN1 and a statutory declaration or Solicitor's certificate setting out the details of the Order, including particulars of the Court, the date of the Order, the nature of the Order made, the full Court reference and the parties.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 7 (Manchester Conveyancing Solicitors Property Lawyers on Fees for Buying / Transfer of Apartment / Flat / House 7)
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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