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 13
Transfer of a Apartment / Flat / House
The form of a Restriction
Adapting the Restriction to suit the circumstances:
- '[Name] of [address] and [name] of [address] or the survivor of them' may be used where more than one person is named in the restriction and there is a right of survivorship to the interest protected by the restriction.
- [name] of [address] and [name] of [address] or the survivor of them or by the personal representatives of the survivor may be used if the restriction will continue to have effect after the death of the survivor of the persons named.
Additionally:
- 'or by [name of address]' may be added after the name of the restrictioner if they wished to allow an alternative second person to give the consent or certificate.
The additional wording should only be used by Conveyancing Solicitors and Property Lawyers where it is shown as an option in the wording of the standard restrictions.
Property Solicitors and Conveyancing Lawyers should note that a restriction that starts 'until the death of [name' does not necessarily have to be completed with the same name as that of the person who is to give a certificate or consent. An example of this may be where a restriction calls for the certificate to be given by a patient's deputy appointed under the Mental Capacity Act 2005 - the restriction may require the consent of the deputy until the death of the patient.
Other practice guides in this series provide information about standard form restrictions that should or may be applied for or entered in particular situations.
Restrictions not in a standard form:
Property Solicitors and Conveyancing Lawyers should only apply for a restriction that is not in a standard form if none of the standard form restrictions are appropriate.
Where there is no appropriate standard form available Land Registry will only approve the form that has been applied for it:
- it is reasonable;
- its application would be straightforward;
- its application would not place Land Registry under an unreasonable burden (section 43(3) Land Registration Act 2002)
Property Solicitors and Conveyancing Lawyers should remember the following points if applying for a restriction not in standard form:
- it must always contain the words 'is to be completed by registration' rather than 'is to be registered'. This will serve to make the effect of the restriction clear. The term 'registered', where used in any of the standard form restrictions, means the completion of a registrable disposition by complying with the relevant registration requirements prescribed by schedule 2 LRA 2002 (rule 91(3) LRR 2003), but this statutory definition only applies to standard form restrictions. Property Solicitors and Conveyancing Lawyers should note that Land Registry will not accept restrictions not in standard form for registration that contain the words 'is to be registered'.
- if the restriction affects part only of a registered extent it should contain a sufficient description, by reference to a plan or otherwise, to clearly identify the part affected.
- do not commence the wording of the restriction with 'no dealing' or 'no disposition or dealing' or use wording to prevent noting (as opposed to registration) of a disposition.
- before Property Solicitors and Conveyancing Lawyers finalise an agreement in which the parties agree to apply for a non-standard restriction in a specified form, they should check with Land Registry that the proposed form is acceptable. It can prove difficult to renegotiate the terms of an unacceptable restriction after an agreement has been made.
As Land Registry must consider the appropriateness of any restriction applied for that is not in a standard form, the application fee prescribed in the current Fee Order is higher than that for a standard form restriction.
Who may apply for a restriction:
Property Solicitors and Conveyancing Lawyers may only apply for the entry of a restriction if they act for a clients who:
- are the relevant proprietor(s)
- are entitled to be registered as the relevant proprietor(s)
- have obtained the consent of the relevant proprietor(s) or someone entitled to be registered as such, or
- otherwise have a sufficient interest in the making of the entry.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 15 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Apartment / Flat / House 15)
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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