Manchester Conveyancing Lawyers | Ford Banks Irwin Solicitors - The Property Solicitors in Manchester on Transfer of 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 9
Transfer of a Apartment / Flat / House
Variations to interests that have been noted:
Variation of a noted interest:
Where an interest that has been noted in the Property Deeds is varied by Conveyancing Solicitors and Property Lawyers, the priority of the interest, as varied, may be protected in one of two ways:
- by applying to cancel the existing notice (or in the case of a unilateral notice, by applying to remove it) and applying for a new notice in respect of the interest as varied;
- by applying for an additional notice in respect of the variation.
As the date on which the original notice was entered may be important for the purpose of establishing its priority, the Registrar will not usually agree to alter the terms of an existing notice to reflect the variation in a third party interest that has been agreed subsequently.
Registration of a new or additional beneficiary of a unilateral notice:
In order that the Registrar may be kept up to date, someone who is or has become entitled to the benefit of an interest that is protected by a unilateral notice may instruct Conveyancing Solicitors and Property Lawyers to apply to be entered as the beneficiary. They may apply to be entered in substitution for one or more persons already entered as 'the beneficiary' or to be added to them (rule 88 Land Registration Rules 2003).
It will be important for someone with the benefit of the claim to ensure that they are entered as beneficiary, as only the beneficiary is entitled to object to an application to cancel the notice (section 73(3) Land Registration Act 2002).
The application by Conveyancing Solicitors and Property Lawyers should be made in form UN3 and should be accompanied by the fixed fee prescribed under the current Fee Order.
The application should be accompanied by sufficient evidence of the applicant's entitlement to satisfy Land Registry that the claimed interest that is protected by the notice is vested in the applicant, either in place of one or more of the persons registered as the beneficiary or as well as them.
Conveyancing Solicitors and Property Lawyers should note that, as Land Registry did not need to be satisfied that the claim was valid to enter the notice in the first place, the evidence required for this application need only show that the applicant is entitled to the benefit of the claim, not that the interest claimed is valid.
The existing beneficiary should, where possible, be asked to sign the form UN3 or consent to the application. If the Conveyancing Solicitors and Property Lawyers do not lodge a consent, the Registrar will serve notice on the current beneficiary unless the applicant is the personal representative of the beneficiary and lodges evidence of their entitlement to act.
If there is any dispute about whether the new Claimant or the existing beneficiary is the person entitled to the benefit of the interest protected, the new Claimant could apply for a new notice rather than applying to be registered as beneficiary of the existing notice.
Restrictions
The nature and effect of Restrictions
The general effect of restrictions: Restrictions prohibit the making of an entry in respect of a disposition or a disposition of a specified kind. The prohibition may be indefinite or for a specified period and it may be absolute or conditional on something happening (for example on the consent of a third party being obtained).
The term 'disposition' is not defined in the Land Registry Act 2002. Most restrictions refer to dispositions by the proprietor of the registered Property or of a registered Mortgage, implying some action by that proprietor to make the disposition. A disposition may also occur by operation of Law, and a restriction that refers merely to 'no disposition' would also catch such a disposition. Conveyancing Solicitors and Property Lawyers should note, however, that a discharge of a registered Mortgage is not a disposition and cannot be prevented by a restriction.
A restriction makes it apparent from the Property Deeds that either the powers of the relevant proprietor are limited, or that a prior condition should be met before a disposition can be registered.
Once entered, a restriction will remain in the Property Deeds until it is cancelled or withdrawn. Restrictions are not automatically cancelled following a disposition, although Land Registry may cancel any restriction that has clearly become superfluous.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 11 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Apartment / Flat / House 11)
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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