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 4
Transfer of a Apartment / Flat / House
Entry of Notices in the Deeds
Different types of notice
Notices may be entered by Conveyancing Solicitors and Property Lawyers in the Property Deeds in various circumstances. For example the Registrar will enter appropriate notices in the course of first registration (rule 35(1) LRR 2003) and as part of the processing of certain types of registrable disposition. Someone claiming an interest may also apply to the Registrar for a notice to be entered.
An application for entry of a notice may be for either:
- an agreed notice, or
- a unilateral notice.
There are different procedures for entering agreed notices and unilateral notices and for cancelling the entries once made. The forms of the entries in the Property Deeds are also different. However, all types of notice have the effect of protecting the priority of the interest to which they relate.
The term 'agreed notice' applies only to notices entered following an application by Conveyancing Solicitors and Property Lawyers to the Registrar under section 34(2)(a) Land Registration Act 2002. However, all notices other than unilateral notices are treated in the same way as agreed notices once entered in the Property Deeds. Where referring to notices that have already been entered in the Property Deeds, we refer to 'notices (other than unilateral notices)' rather than to 'agreed notices', to avoid confusion; similar terminology is adopted in the Land Registration Rules 2003.
Agreed Notices
An agreed notice can only be entered in the Property Deeds either:
- by, or with the consent of, the relevant proprietor (or someone entitled to be registered as such) or
- if the applicant can satisfy the Registrar that the interest claimed is valid.
Land Registry are not obliged to serve notice on the relevant owner before approving an application for an agreed notice that is not made with the owner's cooperation. In most cases Land Registry will determine the application on the basis of the evidence lodged without involving the owner. However, if the application is one based on evidence rather than owner cooperation, Land Registry will always notify the owner that the entry has been made when the application has been completed. Agreed notice entries should give details of the interest that they protect. Often this is achieved by referring to a document that describes, or which created, the interest. An extract from the document may be set out in the Property Deeds or (a copy of) the document itself may be filed and made available for inspection.
An example of an agreed notice entry would be:
"(1.1.2010) Contract for sale dated 15 October 2003 in favour of Manchester Ltd
NOTE: Copy filed"
The date in brackets as the beginning of the entry provides the date on which the entry is deemed to have been made. An agreed notices gives notice of the interest to which it relates; its object is not to identify the beneficiary of that interest and it is not possible to note the devolution of title to an interest protected by an agreed notice.
Once entered in the Property Deeds, any notice other than a unilateral notice will only be cancelled if the Registrar is satisfied that the interest protected has come to an end, or that the interest claimed is otherwise invalid. Conveyancing Solicitors and Property Lawyers instructed by a person applying for the notice to be cancelled should produce evidence to satisfy the Registrar that this is the case.
Unilateral Notices:
A unilateral notice may be entered without the consent of the relevant proprietor. The Conveyancing Solicitors and Property Lawyers for the applicant are not required to satisfy the Registrar that the claim is valid and do not need to support the claim to the interest with any evidence. The Registrar will however check that the interest claimed is of a type that may be protected by unilateral notice.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 6 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Apartment / Flat / House 6)
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
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