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 14
Transfer of a Apartment / Flat / House
The form of a Restriction
Compulsory applications:
Rules 94 Land Registration Rules 2003 prescribes certain situations where a person should apply for a restriction. In particular, where a new trust is set up or there is a change in a trust of land and as a result a sole proprietor will not be able to give a valid receipt for capital money, a proprietor should apply for a restriction in form A (schedule 4 Land Registration Rules 2003). This is the standard joint proprietorship restriction.
Property Solicitors and Conveyancing Lawyers should note that where two or more people are under an obligation under rule 94 Land Registration Rules 2003 to apply for entry of a restriction in form A, that obligation will be satisfied by an application by one of those people. In this case however the application should be made as if it was made by a person with sufficient interest and Land Registry will serve a notice for information only on the other proprietor(s).
Applications made without the cooperation of the relevant proprietor - the need to show a sufficient interest:
Where the application does not have the cooperation of the relevant proprietor, the applicant's Property Solicitors and Conveyancing Lawyers may only apply for a restriction if they can satisfy Land Registry that they have a sufficient interest in making of the entry.
Rule 93 Land Registration Rules 2003 contains a list of standard situations where a class of person will be regarded as having a sufficient interest in the making of an entry. In most cases, the rule identifies which of the standard form restrictions will be appropriate to each situation covered.
The Property Solicitors and Conveyancing Lawyers for the applicant should give details of the nature of the interest and how that interest arose. Land Registry will require evidence to show sufficient interest in support of an application.
This evidence should be a statement by the applicant in panel 12 of form RX1 or Solicitor's certificate in panel 13. If the interest arises from a document (for example, a Court Order) the statement or certificate should refer to that document and a certified copy should be enclosed and listed in panel 5. Land Registry can ask for additional evidence if necessary (rule 92(4) Land Registration Rules 2003).
If there is more than one applicant and they chose to give a statement, that statement should be given by all the applicants. Where the applicant is a corporation the person giving the statement should confirm their position and that they are authorised to give the statement on behalf of the corporation.
Interests under trusts:
An interest under a trust of land cannot be protected by an agreed or unilateral notice (section 33(a)(i) Land Registration Act 2002) but may be protected by a restriction. Generally, a beneficiary under a trust of Land may apply for a form A restriction if one has not already been entered in the Property Deeds. A form A restriction ensures that any capital money must be paid to two trustees or a trust corporation. A second form A restriction cannot be entered because the purpose of a form A is to ensure that interests behind the trust are overreached; it does not give notice of an individual's interest under a trust.
An interest under a trust of land means the interest of a person under such a trust who stands only one step away from the registered Property. Examples include:
- where A an dB are the proprietors of the registered Property and hold on trust for themselves (both have interests under a trust of land)
- where C and D are the proprietors of the registered Property and hold on trust for E for life and for F thereafter (E and F have interests under a trust of land)
- where G is the proprietor of the registered Property and holds on a bare trust for H (H has an interest under a trust of land).
If another form of restriction is required either in place of or in addition to a form A restriction, evidence will have to be lodged by the Property Solicitors and Conveyancing Lawyers showing that the applicant has a sufficient interest in the making of the entry. Whether the application can be accepted will depend on the restriction applied for, the nature of the applicant's interest and the particular circumstances of the case.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 16 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Apartment / Flat / House 16)
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
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