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 2
Transfer of a Apartment / Flat / House
Objections and Disputes
Possibility of Objection:
Disputes involving Franchises are most likely to occur where an application has been made for registration of a Franchise as an affecting Franchise, or to note Franchise Property Rights, and one of the people served with notice objects to the application.
Requirements for objection:
Any person wishing to object to an application should instruct Conveyancing Solicitors and Property Lawyers to deliver to the Registrar a written statement signed by them or the applicant.
It should state that the objector objects to the application, state the grounds for the objection and give the objector's name and address to which communications may be sent.
Consideration of Objection by Land Registry:
If Land Registry receive an objection, then it will not be possible to determine the application until the objection is disposed of, unless the Registrar is satisfied that the objection is groundless.
If the objection is not groundless, Land Registry should give notice of the objection to the applicant. They will then ask Conveyancing Solicitors and Property Lawyers for both parties:
- whether they wish to negotiate;
- whether they consider that it may be possible to reach an agreement.
If all parties respond positively, Land Registry will allow them time to settle the matter by agreement. However, as soon as it becomes clear that the two sides are unable to reach an agreement Land Registry must refer the matter to the Adjudicator. They will do this immediately if the Conveyancing Solicitors and Property Lawyers for the parties doe not wish to negotiate.
The Adjudicator will then either:
- set a date to hear and determine the matter;
- direct one of the parties to start proceedings in Court. If the Adjudicator decides to hear the matter, further details of the procedure to be followed and of the position as to costs will be supplied by the Adjudicator's office.
Subsequent dealings with a registered Franchise
The Owner of a Franchise may instruct Conveyancing Solicitors and Property Lawyers to deal with it in much the same way as other registered Property. For example, the Owner may sell or Lease the Franchise.
The sale of grant of a Lease of a registered Franchise should be registered and will not operate at Law until the registration requirements have been met.
If the term of the Lease is for more than seven years, registration will take the usual form of opening a new title and entering notice in the register of the Lessor's title. If the term does not exceed seven years, the registration requirement is simply that notice be entered in the lessor's title.
The effect of the rule of priority on dispositions of registered Property under section 29 Land Registration Act 2002 is altered in relation to Franchises, so that a right of the Crown to forfeit the Franchise is a 'protected interest' for the purposes of section 29(2)(a).
Notices and Restrictions
The Land Registration Act 2002 provides two types of entry for the protection of third party interests affecting registered Property and Mortgages: Notices and Restrictions.
- A notice is an entry made in the Property Deeds in respect of the burden of an interest affecting a registered Property or Mortgage (section 32(1) LRA 2002)
- A restriction is an entry in the Property Deeds that prevents or regulates the making of an entry in the Property Deeds in respect of any disposition or a disposition of a specified kind (section 40(1) LRA 2002).
We now consider the nature and effect of notices and restrictions - when they are entered and how to apply for an entry together with how existing notices and restrictions may be cancelled or amended.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 4 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Apartment / Flat / House 4)
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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Manchester
M2 4PD
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