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 17
Transfer of a Apartment / Flat / House
How to apply for a Restriction
Information that should accompany the application:
Conveyancing Solicitors and Property Lawyers should lodge the following information with the application:
4. where the application is made by or with the consent of someone entitled to be registered as the relevant proprietor, Conveyancing Solicitors and Property Lawyers should lodge either:
- evidence of their entitlement, or
- a certificate given by a Solicitor confirming that they are satisfied that person is entitled to be registered and that either the Solicitor holds the original documentary evidence of the entitlement or that there is a pending application to register that person as proprietor at Land Registry.
5. where the application is not made by or with the consent of the relevant proprietor, Conveyancing Solicitors and Property Lawyers should lodge:
- evidence of their interest in making the application. Details of the nature of the interest and of how that interest arose should be given either as a statement by the applicant in panel 12 or as a Solicitor's certificate in panel 13 of form RX1. Where it is available, documentary evidence of the interest should be lodged with the application. Although there may be no documentary evidence where the interest is a resulting or constructive trust Land Registry would expect to see documentary evidence for all other restrictions (apart from restrictions in forms D, E, or F).
Court Orders requiring the entry of a Restriction
The Court's power to Order the entry of a Restriction
The Court may make an Order requiring the Registrar to enter a restriction (section 46 Land Registration Act 2002). Forms AA to HH are the standard form restrictions that the Court is most likely to order the Registrar to enter, but it may also order the entry of a restriction in a different form.
If Conveyancing Solicitors and Property Lawyers intent to apply to Court for an Order that will require the Registrar to enter a restriction that is not in one of the standard forms, they should first contact the Land Registry to ensure that the proposed form will be straightforward and will not be an unreasonable burden.
Application form and Fee
Although the Order may be addressed directly to the Chief Land Registrar, Conveyancing Solicitors and Property Lawyers should make a formal application for the restriction to be entered. This will ensure that the restriction is entered against the correct titles.
The application should be made in form AP1 (not RX1) (rule 92(8) Land Registration Rules 2003) and should be accompanied by the fee prescribed under the current Land Registration Fee Order.
Overriding Priority:
The Court may direct that the terms of the restriction must take priority over that afforded by any official search with priority that is pending when the application for the restriction is processed (section 46(3) Land Registration Act 2002).
The restriction will then be entered immediately even if there is an unexpired priority period arising from an official search to protect the priority of a disposition that has not yet been lodged.
This direction may be appropriate if there is a risk that somebody may apply for an official search 'with priority' before the restriction can be entered so that they can register a disposition of the Property without being caught by the terms of the restriction.
Removal of a restriction entry
Removal of restrictions:
Restrictions may be removed from the Property Deeds in the following ways:
1. they may be withdrawn voluntarily by the appropriate people interested in the restriction (section 47 Land Registration Act 2002 and rule 98 Land Registration Rules 2003).
2. anyone may apply to cancel a restriction that is no longer required (rule 97 Land Registration Rules 2003)
- land registry may cancel a restriction themselves if it is clear that it is superfluous (paragraph 5 of schedule 4 Land Registration Act 2002).
- Land Registry must cancel a restriction entered in respect of a trust of land if they are satisfied that the affected estate is no longer subject to the trust (rule 99 LRR 2003).
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 19 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Apartment / Flat / House 19)
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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