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 1
Transfer of a Apartment / Flat / House
Affecting Franchises and relating Franchises
Registration of an affecting Franchise:
If Land Registry believe it to be more likely than not, on the evidence supplied, that the Franchise is an affecting Franchise, they will:
- serve notice on all the registered owners of the Properties, Mortgagees and relevant Franchise holders within the defined area of the Franchise;
- seek to give notice to the unregistered owners, Mortgagees and relevant Franchise-holders
Exactly how Land Registry do this and what information the require for it to be done will depend on the circumstances of the particular case.
Only if there are no objections, or all the objections are groundless or disposed of (by agreement or Court proceedings), can the registration proceed and notice of the affecting Franchise be entered in all the registered Properties affected.
A registered affecting Franchise will:
- have a title plan;
- be shown on the index map
Documents to be lodged:
When applying for the first registration of a Franchise, Conveyancing Solicitors and Property Lawyers should provide the following:
- form FR1;
- original charter or letters patent granting the Franchise. Land Registry will return these to the Conveyancing Solicitors and Property Lawyers following registration. If the document is in Latin, Land Registry will also require a translation.
- a certified copy of the charter or letters patent.
- where the application is for first registration of an affecting Franchise, a plan showing the extent of the Property affecting and sufficient detail to allow Land Registry to identify the Property clearly on the Ordnance Survey map;
- if the application is for first registration of a relating Franchise, details of the current administrative area (the County or Unitary Authority) in which the Franchise operates
- all documents proving devolution of title to the applicant
- all other Deeds and documents relating to the Property to the Franchise and in the applicant's control;
- if the applicant is unable to produce a full documentary title, evidence to account for the absence;
- if the claim is based on prescription, evidence in one or more statutory declarations or statements of truth of at least 20 years enjoyment
- form DL in duplicate listing all the documents lodged
- the appropriate Fee
Application for a restriction in form A
Where a person or persons apply to be registered as proprietor(s) of a Franchise and a sole proprietor or survivor of joint proprietors will not be able to give a valid receipt for capital money, application should be made for entry of a restriction in form A. The application should be made in form RX1 or where a Land Registry form of transfer has been used for the disposition to the applicant, in that form.
Service of notice on the Crown
Land Registry will normally want to serve notice of an application for registration of a Franchise on a representative of the Crown.
Conveyancing Solicitors and Property Lawyers should lodge any relevant correspondence with the Crown as part of the application.
Loss of Overriding Interest status
At the moment, Franchise Property rights, adversely affecting Property (perhaps a right of entry) are overriding interests, which means that they automatically bind the owners of the Property involved.
From 13th October 2013 they will lose their automatic overriding status and need to be protected on the Property Deeds. Applicants for registration have a duty on all first registrations, or upon a disposition of registered Property, to disclose such Franchise Property rights of which they have knowledge and which affect their Property.
Additionally those with the benefit of Franchise Property rights that have not been protected on the Property Deeds can apply for them to be noted in the register of a title that is subject to them. Where the Property is not registered, Franchise Property rights can be protected by a caution against first registration.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 3 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Apartment / Flat / House 3)
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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Banks Irwin Solicitors
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Manchester
M2 4PD
Tel: 0161 866 8574
Please telephone 0161 866 8999 for a free quote.
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