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 10
Transfer of a Apartment / Flat / House
Restrictions
Restrictions affecting a registered Property
A restrictions that is entered to regulate dispositions of a registered Property will be entered in the proprietorship register.
Such restrictions do not have any effect on existing registered Mortgages or the powers of the registered Mortgagee. Since 10 November 2008 the wording of standard restrictions makes this clear, but the principle also applies to restrictions entered before that date. However, a restriction entered in the proprietorship register may affect a Mortgage that is registered afterwards. The date entered in brackets at the beginning of an entry shows the date of its registration. Conveyancing Solicitors and Property Lawyers can tell by comparing the date of a restriction and the date of registration of a registered Mortgage whether the Mortgagee's powers may be affected.
Restrictions affecting an existing registered Mortgage
A restriction that affects an existing registered Mortgage will be entered in the Charges register and will refer specifically to the entries relating to the effected Charge.
Even though a restriction entered in the proprietorship register may appear to restrict dispositions by 'the proprietor of any registered Mortgage' (see for example, form O restriction), it will not have any effect on a Mortgage that was registered prior to the entry of a restriction.
If Conveyancing Solicitors and Property Lawyers intend to restrict all dispositions whether by the proprietor of the registered Property or the proprietor of an existing registered Mortgage, they should apply for separate restrictions in the two parts of the Property Deeds.
What entries may be prevented by a restriction?
The standard form restrictions prescribed in schedule 4 Land Registration Rules 2003 each regulate or prohibit the registration of a disposition. Registration in this context is defined as meaning the completion by registration of a registrable disposition. None of the standard form restrictions prevent the mere entry of a notice.
Conveyancing Solicitors and Property Lawyers should note, however, that some restrictions entered under the Land Registration Act 1925 expressly prevented the entry of a notice. Land Registry will not accept an application for a restriction not in a standard form under the Land Registration Act 2002 that expressly prevents the entry of a notice, as this would have the effect of preventing the protection of a third party interest by an agreed or unilateral notice.
Complying with a Restriction:
Where the terms of a restriction require a certificate or written consent signed by a corporation aggregate, unless a contrary intention appears in the restriction or the certificate or consent is given in a Deed executed by the corporation in question, the certificate or consent should be signed by either:
- its clerk, secretary or other permanent officer;
- a member of its board of directors, council or other governing body;
- its Conveyancer, or
- its duly authorised employee or agent (rule 91B Land Registration Act 2003).
The certificate or consent should state the full name of the signatory and the capacity in which the signatory signs (rule 91B(5) Land Registration Rules 2003).
If a restriction requires a certificate or consent to be signed on behalf of a corporation by its secretary but that corporation has no secretary, the certificate or consent should be signed by one of the other persons listed above (rule 91(b)(4) Land Registration Rules 2003).
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 12 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Apartment / Flat / House 12)
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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