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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 16

Transfer of a Apartment / Flat / House

How to apply for a Restriction

Application form and Fees:

Most applications by Conveyancing Solicitors and Property Lawyers for restrictions should be made in form RX1. Before applying, Conveyancing Solicitors and Property Lawyers need to think carefully about the disposition that they wish to restrict, ie is it against a disposition of the registered Property or against a disposition of a registered Mortgage? Select the standard form restriction as appropriate to the circumstances of the case. Remember that a standard form restriction against a disposition of a registered Mortgage will appear in the Charges register of the title concerned.

However, Conveyancing Solicitors and Property Lawyers may apply for any standard form restriction by making the application in:
-the additional provisions panel of any of the following forms: TP1, TP2, TR1, TR2, TR4 TR5, AS1, AS2, AS3;
- panel 9 of form CH1
- an electronic legal charge
- a charge where Land Registry have approved the form of the charge (including the application for the restriction) in advance
- a Lease containing clauses LR1 to LR14 of schedule 1A Land Registration Act 2003.
The application should be accompanied by the fees prescribed under the current Fee Order.

Applications for a restriction contained in a Lease:

In general no effect will be given to an application to register a restriction contained in the body of a Lease.

However, any Lease containing clauses LR1 to LR14 of schedule 1A Land Registration Act 2003 may be used, at clause LR13, to apply for entry of a standard form restriction. This includes prescribed clauses Leases granted on or after 19 June 2006. If clause LR13 is not completed in such a Lease, any application to register a restriction contained within the body of the Lease will be ignored. Land Registry do not want to read the full Lease.

Where a Lease containing clauses LR1 to LR14 of schedule 1A LRR 2003 is lodged for registration, and the standard form restriction is to be entered against titles other than the Landlord's or that created by the registration of the Lease, it will only be registered if clause LR2.2 is also completed.

Where application is made against a title other than the landlord's or that created by the registration of the Lease, evidence may be required of the consent of the registered proprietor, or of the person entitled to be registered as proprietor, or that the person applying has sufficient interest in the making of the entry. Where clause LR13 is used to apply for a standard form restriction and such evidence is required it should be lodged under a covering letter with the application to register the Lease.

Clause LR13 may not be used to apply for a non-standard form restriction and a form RX1 should continue to be used.

Information that should accompany the application:

Conveyancing Solicitors and Property Lawyers should lodge the following information with the application:
1. full details of the restriction that is being applied for;
2. an address for service for:
(a) anyone named in a standard form restriction whose address is required by that restriction;
(b) anyone named in any other restriction whose consent or certificate is required or to whom notice should be given by the Registrar or another person;
(c) where the restriction refers to a company or limited liability partnership registered anywhere in the UK Conveyancing Solicitors and Property Lawyers should include the company registration number in the restriction immediately after the name. If the restriction names a Company incorporated outside the UK they should include the territory of incorporation and if the Company is registered at Companies House in England and Wales (but not Scotland or Northern Ireland) the registration number issued by Companies House. Overseas Companies may be registered at Companies House if they have a branch or place of business in England and Wales.
3. where the application is made with the consent of the relevant proprietor or someone entitled to be registered as such, either:
(a) the consent or
(b) a certificate by the Conveyancing Solicitors and Property Lawyers confirming that they hold the relevant consent.

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

. . . continued on page 18 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Apartment / Flat / House 18)

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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