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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

 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17
      

Transfer / Buying a House / Apartment / Flat
 
Protection of Third Party Interests

Charging Orders:

An application by Conveyancing Solicitors and Property Lawyers for a Charging Order against the legal estate may be protected by agreed notice or unilateral notice. A Charging Order made against the interest of a sole proprietor who is the sole beneficial owner of the Property, or expressly made against joint proprietors 'as trustees', is a Charging Order against the legal estate. If the Conveyancing Solicitors and Property Lawyers apply for an agreed notice they should lodge form AN1 together with the sealed claim form and notice of issue. If they are applying for a unilateral notice they should lodge form UN1 setting out in a statement in panel 11 or a Solicitors' certificate in panel 12 details of the application for the Charging Order, including particulars of the Court, the full Court reference and the parties.

An application for a Charging Order over a beneficial interest cannot be protected by entry in the Property Deeds.

An interim or final Charging Order over a beneficial interest may be protected by a restriction in form K. It cannot be protected by notice. Conveyancing Solicitors and Property Lawyers should apply in form RX1 and enclose the Charging Order or a certified copy of it. Separate orders made against joint registered proprietors in the same proceedings require separate form RX1 application. If required, Conveyancing Solicitors and Property Lawyers can apply at the same time and in the same form RX1 for a restriction in form A, provided a form A restriction has not already been entered in the Property Deeds.


Bankruptcy:

Where a petition in Bankruptcy is filed in the Court against a sole registered proprietor, a Bankruptcy notice is entered in the Property Deeds. Once the Bankruptcy Order has been made against a sole registered proprietor, a bankruptcy restriction is entered in the Property Deeds.

Where one or more joint registered proprietors is subject to a petition in Bankruptcy or Bankruptcy Order, neither a bankruptcy notice nor a bankruptcy restriction will be entered. However, the trustee in bankruptcy may apply in form RX1 for a form J restriction once the Bankruptcy Order has been made. The application should be accompanied by a certified copy of the Bankruptcy Order and evidence of the trustee in Bankruptcy's appointment.

The Trustee in Bankruptcy may instruct Conveyancing Solicitors and Property Lawyers to apply at the same time and in the same form RX1 for a restriction in form A, provided a form A restriction has not already been entered in the Property Deeds.


Contract for Sale:

A contract for sale may be protected by an agreed notice or unilateral notice. If applying for an agreed notice, Conveyancing Solicitors and Property Lawyers should lodge a form AN1 and the contract, or a certified copy of it, and the consent of the registered proprietor, if available.  If applying for a unilateral notice they should lodge form UN1, completed with either a statement or Solicitor's certificate setting out details of the contract, including the date of the contract and the parties.

In the case of a sub-sale, Conveyancing Solicitors and Property Lawyers should lodge certified copies of both contracts if an agreed notice is sought. If a unilateral notice is applied for they should provide details of both contracts, as above, and establish the link between the registered proprietor and the applicant.

If the contract expressly limits the registered proprietor's powers to take any disposition of the Property Conveyancing Solicitors and Property Lawyers may be able to apply in form RX1 for a restriction to prevent a breach of this provision. The application would normally be for a restriction in form L referring to the relevant provision of the Contract. In the absence of the registered proprietor's consent, Land Registry require a certified copy of the contract and completion of the statement in panel 12 of form RX1 or Solicitor's certificate in panel 13. Conveyancing Solicitors and Property Lawyers should also give details of the contract and identify the provision in the contract limiting the registered proprietor's ability to make any disposition.

 

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

. . . continued on page 2 (Manchester Conveyancing Solicitors Property Lawyers on Fees for Buying / Transfer of Apartment / Flat / House 2)

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

                       
    

Contact Us

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 City Centre Serviced Office - Conference rooms are also available by prior appointment at:
Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors 
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King Street
Manchester
M2 4PD

Tel: 0161 866 8574

 

Please telephone 0161 866 8999 for a free quote. 

   
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