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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 20

Transfer of a Apartment / Flat / House

Applications to disapply or modify a restriction

The application:

The application and Fee

The Property Solicitors and Conveyancing Lawyers for the applicant should:
- state whether the application is to disapply or to modify the restriction;
- explain their interest and why it is sufficient to make the application;
- state why the applicant considers that the Registrar should make the order;
- give details of the disposition or kind of dispositions that will be affected by the Order. If the application is to modify the restriction, give details of the modification requested.

The application may be made before, or at the same time as, an application to register the disposition that is caugth by the restriction.

When considering whether or not to make the Order, the Registrar will additionally consider any available evidence to clarify what purpose the restriction still serves. The Registrar may ask for further evidence from the applicant and may serve appropriate notices.

Applying for a notice or restriction without reasonable cause

Neither a notice nor a restriction guarantees the validity of the interest that it seeks to protect and the Land Registration Act 2002 does not provide any right to an indemnity from the Registrar against loss suffered because of an entry that has been made.

However, the relevant proprietor may nevertheless suffer loss. Others may also be prejudiced, for example the proprietor of a registered Mortgage where the entry has been made against the Mortgaged Property.

Section 77 Land Registration Act 2002 establishes a right of action for breach of statutory duty against anyone who applies for a notice or restriction without reasonable cause. The right is in favour of any person who suffers damage as a consequence.

Transitional Provisions

The entries for protecting third party interests under the Land Registration Act 1925:

Under the Land Registration Act 1925 there were four mechanisms in which third party interests could be protected in the Property Deeds. These were:
- notices;
- restrictions;
- inhibitions;
- cautions against dealings

These entries continue to have effect under the provisions of the Land Registration Act 2002 with certain amendments.

These entries continue to have effect under the provisions of the Land Registration Act 2002 with certain amendments.

Notices entered under the Land Registration Act 1925:

Notices in respect of the burden of interests affecting a registered Property or Mortgage are treated for the purposes of the LRA 2002 as if they had been entered as agreed notices (paragraph 2(1) of schedule 12 LRA 2002).

Restrictions entered under the Land Registration Act 1925:

The provisions of the Land Registration Act 2002 generally apply to restrictions entered under the Land Registration act 1925 in the same way as they apply to restrictions entered subsequently (paragraph 2(2) of schedule 12 LRA 2002).

However, the Registrar will interpret a restriction entered under the LRA 1925 to preserve its effect. Paragraph 1 of schedule 12 LRA 2002 provides that the repeal of the Land Registration Act 1925 will not affect the validity of any entry made in the Property Deeds. For example the Registrar will not interpret a restriction entered under the LRA 1925 that states: 'no disposition shall be registered or noted . . .' as preventing the entry of a unilateral notice. This is because the restriction would have prevented the entry of a caution against dealings under the LRA 1925 and interests that previously would have been protected by a caution will often be protected by unilateral notice under the provisions of the LRA 2002.

Similar interpretation will apply to an application to discharge a registered Mortgage. This is not a 'disposition' and is not caught by a 'no disposition' restriction.

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

. . . continued on page 22 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Apartment / Flat / House 22)

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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