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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 12

Transfer of a Apartment / Flat / House

The form of a Restriction

Standard form Restrictions:

When applying for a standard application, Conveyancing Solicitors and Property Lawyers should remember that:
- words in [square brackets] in ordinary type are optional parts of the form; the brackets are not to be included in the restriction;
- words in [square brackets] in italic type are instructions for completion of the form, and are not to be included in the restriction;
- where (round brackets) enclose one or more words, the brackets and all words in ordinary type enclosed in them are part of the form and, unless also enclosed in [square brackets], must be included in the restriction;
- where a form contains a group of clauses introduced by bullets, only one of the clauses may be used; the bullets are not to be included in the restriction;
- where a restriction in form J, K. Q, S, T, BB, DD, FF, HH, JJ, LL, or OO relates to a registered Mortgage, which is one of two or more registered Mortgages bearing the same date and affecting the same registered Property, the words 'in favour of' followed by the name of the registered proprietor of the Mortgage should be inserted in the restriction after the date of the Mortgage;
- where the wording of a restriction in schedule 4 Land Registration Rules 2003 provides for a certificate or consent to be given by the restrictioner '[or [their Conveyancing Solicitors and Property Lawyers]' the words 'or specify appropriate details' are an alternative to rather than an addition to the words 'their Conveyancing Solicitors and Property Lawyers' and should refer to a class of people who may be expected to act on behalf of the restrictioner rather than to a particular named individual
- not to amend a standard restriction to commence with the words 'no dealing' or 'no disposition or dealing', or use wording to prevent noting (as opposed to registration) of a disposition.

Conveyancing Solicitors and Property Lawyers should note that standard form restrictions N and T were amended on 10 November 2008. Prior to that date these restrictions provided for the option of either a consent or certificate to be lodged. They now provide only for a consent to be given. Forms NN and OO have been introduced and these allow for either a consent or a certificate.

Adapting the Restriction to suit the circumstances:

Rule 91A Land Registration Rules 2002 allows Conveyancing Solicitors and Property Lawyers to make the following amendments to the standard restrictions:
- Where a standard form restrictions is intended to affect part of a registered Property the words 'No [disposition or specify type of disposition] of the registered Property [should be replaced by 'No disposition [or specify type of disposition] of the part of the registered estate] followed by a sufficient description, by reference to a plan or otherwise, to clearly identify the part affected.
- A restriction in standard form L, M, N, O, P, S, T, II, NN, OO or PP may commence with the word 'Until' followed by a date;
- A restriction in standard form L, N, S, T, II, NN, or OO may commence with the words 'Until the death of [name]' or 'Until the death of the survivor of [names of two or more persons]'
- Where the words 'they' or 'their' occur in a standard form of restriction, they may be replaced, as appropriate, by 'he', 'she', 'it', 'his', 'her', or 'its' if they refer to a person or corporation named in the restriction.
- Where a standard form of restriction permits the type of disposition to be specified, the word 'disposition' may be replaced by 'transfer', 'Lease', 'Mortgage', 'sub-charge' or any combination of these, but not by anything else.

As well as the options allowed by rule 91A referred to above, which include provisions for restriction that will cease to have effect on the death of a named person or persons, the wording of standard restrictions L, N, S, T, NN, and OO allow for the inclusion of wording to show who should give the certificate or consent if the restriction is to continue to have effect after the death of the person named in the restriction. Conveyancing Solicitors and Property Lawyers should consider making use of these options when the restrictioner is a person as they can make later applications for cancellation, withdrawal or modification considerably more straightforward for both the applicant and Land Registry:
- 'or their personal representatives' may be added after the name and address of the person required to give a certificate or consent by the restriction;
- 'or after that person's death by '[name] of [address]' may be added after the name of the restrictioner if the restriction is to continue to have effect after the death of the restrictioner but it is not appropriate that the restrictioner's personal representatives give the consent or certificate.

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

. . . continued on page 14 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Apartment / Flat / House 14)

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

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