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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 6

Transfer of a Apartment / Flat / House

Legal Easements and Profits a prendre benefiting unregistered Property

The express grant of a legal easement or profit out of a registered Property is a registrable disposition (section 27(2)(d) Land Registration Act 2002). Conveyancing Solicitors and Property Lawyers should apply for the entry of the notice in form AP1 in order to ensure that it meets the relevant registration requirements (rule 90 Land Registration Rules 2003).

While application for an agreed notice (made in form AN1) or a unilateral notice (made in form UN1) to protect the priority of an easement or profit granted out of registered Property may be made, it will not be an application within rule 90 LRR 2003. Rule 90 provides that an application to meet the registration requirements should be in form AP1.

There is one other much less common type of registrable disposition that is completed by the Registrar entering a notice. That is the grant of a Lease for a term of seven years or less out of a registered Franchise or Manor title (section 27(2)(c) and paragraph 5 of schedule 2 Land Registration Act 2002). An application to complete such a Lease should also be made in form AP1 in order to ensure that Conveyancing Solicitors and Property Lawyers meet the relevant registration requirements.

Applying for an agreed notice

Application form and Fees:
An application for an agreed notice should be made in form AN1.

The application should be accompanied by the Fee prescribed under the current Fee Order.

Applications made with the cooperation of the relevant proprietor:
Unless the Conveyancing Solicitors and Property Lawyers for the applicant can satisfy the Registrar of the validity of the interest claimed, the application should be made by or with the consent of the relevant proprietor, or by or with the consent of someone who is entitled to apply to be registered as the relevant proprietor (section 34(3)(a) and (b) Land Registration Act 2002).

Where the applicant (or the person giving their consent) is entitled to be registered as proprietor, evidence of that entitlement should be lodged by the Conveyancing Solicitors and Property Lawyers. Three common examples where someone may be entitled to be registered as proprietor are:
- where they have recently taken a transfer of the Property or Mortgage but have not yet become registered as proprietor. For example, where form AN1 is lodged at the same time as the application for registration
- where the sole relevant proprietor has died and they are the personal representative
- where they are the trustee in bankruptcy of the relevant proprietor and the Property or Mortgage forms part of the bankrupts' estate.

Where there are joint proprietors or there are persons who, jointly, are entitled to be registered as the relevant proprietor, all should consent or join in as applicants.

Any consent lodged with the application may be given in panel 11 of form AN1 or it may be lodged separately.

Applications based on evidence rather than consent:

Where the application is not made by or with the consent of the relevant proprietor, or someone entitled to be registered as such, it should be accompanied by sufficient evidence to satisfy the Registrar of the validity of the applicant's claim (rule 81(1)(c) LRR 2003).

The evidence required to satisfy the Registrar of the validity of the claim will of course vary on a case-by-case basis. The following examples illustrate the type of evidence that may satisfy the Registrar of the validity of a claim.
- the original instrument, signed or executed by the relevant proprietor, where the interest is claimed to have been created by express grant from the proprietor;
- a sealed Court Order in proceedings to which the relevant proprietor is or has been a party, where the interest is claimed to have arisen from that Order or where the Order declares the validity of the interest;
- the sealed claim form and notice of issue, where the interest to be protected is a pending land action.

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

. . . continued on page 8 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Apartment / Flat / House 8)

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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