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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 5

Transfer of a Apartment / Flat / House

Entry of Notices in the Deeds

Unilateral Notices:

The Conveyancing Solicitors and Property Lawyers for the relevant proprietor is not notified of the application until after the entry has been made so they will not usually be able to object to the application. However, they will always be notified after the application has been completed. They can then apply at any time to cancel the notice and by doing so require the Conveyancing Solicitors and Property Lawyers acting for the person claiming the benefit of the protected interest to prove the validity of their claim.

There are two elements to a unilateral notice entry: the first part gives brief details of the interest protected and identifies that the entry is a unilateral notice; the second part gives the name and address of the person identified by the applicant as the beneficiary of the notice. This information is necessary as it is the beneficiary who will be served with notice and required to prove the validity of the interest if the relevant proprietor applies to cancel the notice.

An example of a unilateral notice entry would be:
"(01.01.2010) UNILATERAL NOTICE in respect of an Agreement dated 15 October 2003 made between (1) Manchester Ltd and (2) Altrincham Ltd.
(01.01.2010) BENEFICIARY: Altrincham Ltd of Cheshire"

The date in brackets at the beginning of the first part of the entry provides the date when the entry is deemed to have been made.

The date in brackets at the beginning of the second part of the entry represents the date when the current beneficiary was entered in respect of the notice.

Which type of notice to apply for

Interests that can only be protected by agreed notice:

While in most cases the Conveyancing Solicitors and Property Lawyers for the applicant may decide whether to apply for an agreed notice or a unilateral notice, in respect of any of the following interests the Conveyancing Solicitors and Property Lawyers for the applicant may only apply for an agreed notice (rule 80 Land Registration Rules 2003):
- Home rights (- applicants under the Family Law Act 1996)
- An HM Revenue and Customs charge in respect of a liability for inheritance tax;
- an interest arising pursuant to an Order under the Access to Neighbouring Land Act 1992;
- a variation of a Lease effected by or under an Order made under section 38 Landlord and Tenant Act 1987 (including any variation as modified by an Order under section 39(4) of that Act).
- a public right;
- a customary right

Points to consider when deciding which type of notice to apply for:

There is no difference in priority between a unilateral notice and an agreed notice.

Conveyancing Solicitors and Property Lawyers for an applicant may prefer an agreed notice where they can obtain the relevant proprietor's consent or can, in the absence of a consent, satisfy the Registrar as to the validity of the claim.

Where the applicant is unable to obtain the consent of the relevant proprietor and it is not clear that the evidence will be sufficient to satisfy the Registrar as to the validity of the claim, the applicant may choose to apply for a unilateral notice, as the interest claimed will be protected from the moment of the application.

The applicant might also choose to apply for a unilateral notice when seeking to protect an interest of a commercially sensitive nature and wishes to take advantage of the confidentiality afforded by the limited wording of the unilateral notice entry.

In some cases, the fact that the identity and address of the beneficiary of a unilateral notice will be entered in the Property Deeds will make that form of entry preferable. These details can be updated if the identity of the beneficiary should change.

However the Conveyancing Solicitors and Property Lawyers for the applicant should always be aware that the beneficiary of a unilateral notice may be required at any time to prove the validity of the claim.

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

. . . continued on page 7 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Apartment / Flat / House 7)

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

Ford Banks Irwin Solicitors
50 Stothard Road
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Manchester
M32 9HB

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