Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester on Transfer of Deeds and Names on Title Deeds of any House / Apartment / Flat.
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
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Transfer of Deeds or Names on Title Deeds
General Information
Where to send the application:
Conveyancing Solicitors and Property Lawyers will need to send the application to the Land Registry office that deals with the area in which the registered Property is situated. They can find this information by contacting the local Land Registry office or checking the address on the priority search carried out during the transaction. Please note that under rule 15 Land Registration Rules 2003, applications are not deemed to have been received until they reach the proper office.
Keeping the Property Deeds up to date:
Applicants should make sure that the details of the registered proprietor of the registered Property or of a Mortgage or Charge are always kept up to date. An out of date address may mean they do not receive important notices from Land Registry. Under rule 198 Land Registration Rules 2003, the registered proprietor should always provide a postal address, which can be either a UK or an overseas address. They may also have up to two further addresses in the Property deeds which can include an email, a UK DX or a postal address (either UK or overseas).
Entry of Price paid or value stated on the Property Deeds
The procedures, referred to in rule 8(2) Land Registration Rules 2003, apply to any application received at a Land Registry Office after 1 April 2000 to enter a new proprietor of Property, whether or not the existing proprietor also remains on the Property Deeds. These procedures do not apply in certain cases - for instance, when a new trustee is appointed in respect of trust Property or when someone like an executor stands in the shoes of the existing owner.
When will price paid be entered
When it is clear from the transfer that a sum of money (other than rent under a Lease) has been paid and no other consideration, Land Registry will enter a note of that sum on the Property Deeds.
Will Land Registry always enter the price ?
Land Registry will only make an entry when it is practicable to do so. If, for example, the consideration is dependent on provisions in documents they do not see, or cannot be calculated at the time of registration then Land Registry will not make any entry. Conveyancing Solicitors and Property Lawyers will not receive a requisition merely to improve the price paid or value stated information in Land Registry possession, although they may need to requisition to ensure that stamp duty has been correctly paid. The entry will usually be omitted if the entry would be misleading, for example, when the price paid represents only a half share of the value of the Property.
What if there is no payment made or the price cannot be calculated ?
In cases where there is a gift of Property or the price is not readily apparent, then Land Registry will enter the value stated. This may be an exact figure taken from the documents or, if the exact figure is not known, the information given to Land Registry for assessing the fees. The entry may, therefore, contain reference to a value band in which the value of the Property falls, for example:
"The value as at [date of application] was stated to be between £xxx and £yyy".
Or a minimum or maximum value from the bottom or top bands, for example:
"The value as at [date of application] was stated to be over £xxx"
Land Registry will, however, omit the entry if it would be misleading, for example, when the value stated represents only a half share of the value of the Property.
Can I ask Land Registry to not enter the price paid on the Property Deeds
Land Registry is under a statutory obligation to enter price paid whenever practicable. The terms of a confidentiality clause will not override the obligation on the Registrar to enter price paid on the Property Deeds. The Registrar will not enter a price paid if he considers it misleading, for example, when the value stated represents only a half share of the value of the Property. However, the information is not misleading just because it is historic as a date is also recorded as part of the entry. Neither will the entry be misleading merely because, for example, renovation work has enhanced the value of the Property since the sale.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
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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
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E-mail: info@FordBanksIrwinSolicitors.co.uk
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