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 8
Transfer of a Apartment / Flat / House
Applying for a unilateral notice:
Identifying the beneficiary of the Notice:
Where the beneficiary is a Company or limited liability partnership registered anywhere in the United Kingdom Conveyancing Solicitors and Property Lawyers should include its company registration number in panel 6 of form UN1. If the beneficiary is a Company incorporated outside the United Kingdom Conveyancing Solicitors and Property Lawyers should include the territory of incorporation and if the Company is registered at Companies House in England or Wales (but not Scotland or Northern Ireland) the registration number issued by Companies House. Overseas Companies may be registered at Companies House if they have a branch or place of business in England and Wales.
Cancelling and removing notices from the Property Deeds:
Cancellation of a notice (other than a unilateral notice):
An application to cancel a notice (other than a unilateral notice) should be made in form CN1 and should be accompanied by appropriate evidence to satisfy the Registrar that the protected interest has come to an end. This should include where appropriate evidence of devolution of title to the interest.
There is generally no fee for making the application. However, where the cancellation is to reflect the determination of an unregistered Lease or rentcharge, a fee is payable as prescribed under the current Land Registration Fee Order.
Neither the Land Registration Act 2002 nor the Land Registration Rules 2003 restrict who may apply for cancellation, but the Registrar may only approve the application if satisfied that the interest protected has come to an end. If the interest protected by the notice has only come to an end in part, the Registrar should make an appropriate entry.
If the Registrar is not satisfied that the interest protected by the notice has come to an end, details of the circumstances in which the Conveyancing Solicitors and Property Lawyers for the applicant claims the interest has determined may be entered in the Property Deeds.
Cancellation of a Unilateral Notice:
'Cancellation' of a Unilateral Notice is the term used in section 36 Land Registration Act 2002 to describe the procedure whereby the beneficiary of the notice is required to prove the validity of the interest claimed. If they cannot do this, the notice is cancelled.
Only the relevant proprietor (or someone entitled to be registered as the relevant proprietor) may apply to cancel a unilateral notice but they may do so at any time without giving reasons for doing so.
If the application is made by someone entitled to be registered as the relevant proprietor, the Conveyancing Solicitors and Property Lawyers for the applicant should also provide evidence of the applicant's entitlement. The Registrar will accept the Conveyancing Solicitors and Property Lawyers certificate to confirm the applicant's entitlement.
An application to cancel a unilateral notice should be made in form UN4. There is no fee for making the application.
When an application to cancel a unilateral notice is received, the Registrar will serve notice of the application on the beneficiary who then has a set period of 15 business days in which to object to the application. If the beneficiary does not object to the application within that period, or any extension to it, the notice is cancelled. Where there are two or more persons shown as the beneficiary of a notice, each one may object.
Any dispute about whether the notice should be cancelled that cannot be resolved by agreement will be referred to the Adjudicator to HM Land Registry.
Removal of a unilateral notice:
'Removal' of a unilateral notice is the term used in section 35(3) Land Registration Act 2002 to describe the procedure whereby a unilateral notice is withdrawn at the request of the beneficiary.
An application to remove a unilateral notice should be made by Conveyancing Solicitors and Property Lawyers in form UN2. There is no fee for making the application.
Only the person registered as beneficiary of a unilateral notice, or in appropriate cases the personal representative or trustee in bankruptcy of the beneficiary, may instruct Conveyancing Solicitors and Property Lawyers to remove the notice. Where someone other than the beneficiary applies, they should lodge evidence of their entitlement to apply.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 10 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Apartment / Flat / House 10)
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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Please telephone 0161 866 8999 for a free quote.
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