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 7
Transfer of a Apartment / Flat / House
Applying for an agreed notice
Details of the nature of the applicant's claim:
Whether the application is based on evidence to support the claim or the cooperation of the relevant proprietor, it should be accompanied by either:
- the Order or Instrument (if any) giving rise to the interest claimed, or
- details from which the Registrar can ascertain the nature of the interest claimed (where there is no Order or Instrument to lodge) (rule 81(1)(b) Land Registration Rules 2003).
This information is necessary so that the Registrar can ascertain that the interest claimed is of a type that may be protected by notice, and so that details of the interest in the Property Deeds can be entered as part of the notice entry.
If the Conveyancing Solicitors and Property Lawyers for the applicant wish to ensure that any document lodged is returned when the application has been completed, they should include a certified copy of the Deed with the application.
Protecting the confidentiality of the interest:
Most documents held by the Registrar may be inspected by any member of the public (section 66(1) Land Registration Act 2002).
Where a document lodged with an application contains information of a personal or commercially sensitive nature, the Conveyancing Solicitors and Property Lawyers should also consider applying to have the document designated as 'exempt information document'.
Applying for a unilateral notice:
Application form and fee:
An application for a unilateral notice should be made by Conveyancing Solicitors and Property Lawyers in form UN1.
The application should be accompanied by the fixed fee prescribed under the current Fee Order.
Details of the nature of the applicant's claim:
Details of the nature of the interest claimed should be set out by the Conveyancing Solicitors and Property Lawyers in the relevant panel of form UN1. This information may be given either:
- in the form of a statement by the applicant, or
- in a certificate given by Conveyancing Solicitors and Property Lawyers on the applicant's behalf.
If there is more than one applicant and they choose to give a statement, that statement should be given by all the applicants. Where the applicant is a corporation the person giving the statement should confirm their position and that they are authorised to give the statement on behalf of the corporation.
The applicant is not required to lodge any other document in support on their claim. However, if they do so, the Registrar will normally retain the document or a copy of it and refer to it in the notice entry.
Conveyancing Solicitors and Property Lawyers should note that if the document or a copy is retained, it will be available for public inspection.
Identifying the beneficiary of the Notice:
An application for a unilateral notice should identify who is to be named in the entry as the beneficiary of the notice and should provide up to three addresses for service to be entered in the Property Deeds.
The addresses given may be postal, DX or electronic addresses although one should be a postal address, though not necessarily an address in the UK.
Any cancellation notice in respect of a unilateral notice will be sent to the beneficiary at the addresses for service in the Property Deeds. Where appropriate, one address given may be 'care of' the beneficiary's Conveyancing Solicitors and Property Lawyers to ensure that a cancellation notice is not inadvertently overlooked when received.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 9 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Apartment / Flat / House 9)
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
Or you can use the ENQUIRY FORM (click here).
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Finding us on a map (copy and paste the following in a new window):
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Manchester
City Centre Serviced Office - Conference rooms are also
available by prior appointment at:
Manchester
Conveyancing Solicitors | Ford
Banks Irwin Solicitors
Pall Mall Court
King Street
Manchester
M2 4PD
Tel: 0161 866 8574
Please telephone 0161 866 8999 for a free quote.
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