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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 19

Transfer of a Apartment / Flat / House

Removal of a restriction entry

Applications to withdraw a restriction

Where the person consenting is not the same as the person referred to in the restriction, Property Solicitors and Conveyancing Lawyers should supply appropriate evidence of devolution.

However, where the restrictioner has died and the terms of the restriction do not indicate that it will end upon death, or who is to have the benefit after death, then in practice it will usually be impossible to withdraw the restriction. Application should be made for its cancellation.

The applicant should lodge all necessary consents when applying, but Land Registry will accept a Solicitor's certificate confirming they hold the necessary consents.

Where the application is to withdraw part of the Property within an affected estate or Mortgage from the effect of the restriction (for example in readiness for a transfer of that part), the part in question should be clearly identifiable from the application.

Restrictions cancelled without application:

Land Registry may cancel a restriction without any application being made if it is clear that the restriction has become superfluous (paragraph 5(d) of schedule 4 LRA 2002). The following are examples of where Land Registry might cancel a restriction automatically:
- where the restriction limits in time and the relevant period has expired;
- where the restriction was entered in connection with the registration of a Mortgage which has now been discharged;
- where the restriction was entered to protect an interest that has since been overreached by the payment of capital money arising on a registrable disposition to the proprietors who have given a valid receipt (for example form A)
- where the restriction was entered in relation to a limitation on the powers of a previous proprietor;
- where Land Registry register a transfer under a power of sale by the proprietor of a registered Mortgage whose powers were not affected by the restriction.

Applications to disapply or modify a restriction

Disapplying a restriction:

Anyone who has a sufficient interest in a restriction may apply for an Order that it is disapplied to enable a particular disposition or dispositions of a specified kind to be registered.

For example, a registered Property might be subject to a restriction prohibiting the registration of any transfer without the consent of a Management Company. If the Company has been dissolved but the Property Solicitors and Conveyancing Lawyers for the applicant can show that there is no reason why the transfer should not proceed, the Registrar may make an Order permitting the transfer to be registered. In those circumstances it might not be appropriate to cancel the restriction completely as the Company might be restored to the Companies register at a later date.

If the restriction is disapplied, the transfer can be registered but the restriction would remain in the Property Deeds.

Modifying a restriction:

Anyone who has a sufficient interest in a restriction may apply for an Order that its terms be modified. The modification might relate to a specific disposition or to dispositions of a specified class.

For example, an applicant may wish to modify the terms of the restriction so that it no longer 'catches' a Mortgage. Property Solicitors and Conveyancing Lawyers should note, however, that Land Registry cannot accept an application to modify a restriction that extends its effect. To achieve this, the restrictioner must first apply in form RX4 to withdraw it and then in form RX1 for a new restriction.

The application and Fee

An application to disapply or modify a restriction should be made in form RX2. The application should be accompanied by the fixed Fee prescribed under the current Fee Order.

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

. . . continued on page 21 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Apartment / Flat / House 21)

Please telephone Paul on 0161 866 8999 if you require any further information.

Ford Banks Irwin Solicitors
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M32 9HB

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