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
continued from page 5 . . .
Transfer of Deeds or Names on Title Deeds
Is this an invasion of privacy?
Some people may take this view and the issue of privacy was given very careful consideration. However, in many countries the price paid for a particular Property is already a matter of public record, and most notably Scotland since 1617 and this does not appear to have caused any problems. The price paid is already public in some circumstances via other sources, for example, where the Property is sold at auction. The Government considers that the benefit attached to the availability of this information outweigh the privacy arguments. The Lord Chancellor has been advised that the rule change is ECHR (European Commission for Human Rights) compliant.
How do you obtain price paid information relating to a particular Property?
Conveyancing Solicitors and Property Lawyers can order an official copy using form OC1 which they can obtain from any Law stationer or alternatively can be obtained from various websites. The Conveyancing Solicitors and Property Lawyers need to pay the correct fee in accordance with the latest Fee Order and sent to the correct Land Registry office dealing with the area in which the Property is situated.
Execution (Signing) of Deeds
With a few exceptions, a Legal interest in Property cannot be conveyed or created without a Deed (section 52(1) Law of Property Act 1925).
Elements of a Deed
To be a Deed the document:
- must be in writing
- must make clear on its face that it is intended to be a Deed by the person making it or the parties to it. This can be done by the document describing itself as a Deed or expressing itself to be executed as a Deed 'or otherwise'
- must be validly executed as a Deed by the person making it or one or more of the parties to it (section 1 Law of Property (Miscellaneous Provisions) Act 1989).
Where a person outside England and Wales, or a Company or Corporation incorporated outside England and Wales, is to execute a Deed relating to Property in England and Wales, it is still English Law that applies to the form and execution of the Deed. Land is 'immovable property' and so the law governing its disposition is the law of the territory in which it is situated.
Deeds and Land Registry
Certain deeds affecting registered Property need to follow a prescribed form (rule 206 Land Registration Rules 2003). In cases where there is no prescribed form, the deed must be in such form as the Land Registry may direct or allow (rule 212 Land Registration Rules 2003). Currently, the prescribed forms include transfers or registered titles and registered Mortgages (forms TP1, TP2, TR1, TR2, TR4 and TR5), assents of registered Property and registered Mortgages (forms AS1, AS2 and AS3) and discharges of and releases from registered Mortgages (forms DS1 and DS3).
The words of execution for these deeds are also prescribed. The prescribed forms and words of execution may be in either English or Welsh.
Conveyancing Solicitors and Property Lawyers will be familiar with all the different prescribed words of execution or attestation clauses (these terms being used interchangeably). Where Land Registry refer to a situation for which there is no prescribed attestation clause, Land Registry give a suggested clause.
Execution of Deeds by individuals
There are three elements: Signature, attestation and delivery
Signature:
To be validly executed as a Deed by an individual, they must sign the document. Making one's mark on a document is treated as signing it (section 1(4) Law of Property (Miscellaneous Provisions) Act 1989). The signature should be on the document itself in the space provided and the words of execution should name the signatory or otherwise make clear who has signed the document. For obvious reasons, the signature ought to be in ink or some other indelible medium.
(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 Transfer of Deeds or names on Deeds 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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