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
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Transfer of a Apartment / Flat / House
Franchises
One form of Franchise is a right granted by the Crown or, to use the classic definition, "a royal privilege or branch of the royal prerogative subsisting in the hands of a subject, by grant from the King".
It is this form of Franchise that is the subject of discussion, rather than the modern concept of a Commercial Franchise.
Nature of Franchise
A Franchise requires a grant from the Crown in the form of a charter or letters patent. It may also be claimed by prescription (which presupposes a grant that has been lost).
A Franchise does not carry with it ownership of the physical Property and is distinct from the freehold or leasehold interests in Property.
The most common Franchise is the right to hold a market or fair. A right of market confers on the owner a monopoly right, that is to say the exclusive right to hold markets within a radius of 6.67 miles. A fair is a market held at rarer intervals.
A market Franchise can be confiscated by the Crown or abolished by Act of Parliament. A statute may abolish a market Franchise by granting similar rights.
Registration of Franchises
Formerly, a Franchise was not capable of separate registration, but from 13 October 2003 it has been possible to register title to certain Franchises.
Registration of Franchises is voluntary and the triggers to compulsory first registration listed in section 4 Land Registration Act 2002 do not apply.
To be capable of registration, a Franchise must constitute a legal estate and be either:
- perpetual
- for a term of years absolute with more than seven years unexpired.
Registration of a Franchise does not prejudice a right of the Crown to forfeit the Franchise.
Affecting Franchises and relating Franchises
Types of Franchise recognised by the LRA 2002:
The Land Registration Rules 2003 distinguish between two types of Franchise.
A Franchise can be either:
- an 'affecting Franchise'
"a Franchise which relates to a defined area of Land and is an adverse right affecting, or capable of affecting, the title to an estate or charge"
- a 'relating Franchise'
"a Franchise which is not an affecting Franchise"
Relating Franchises more common
The Land Registration Rules 2003 allow for the registration of a relating Franchise without a title plan.
As a result such a Franchise:
- will be described verbally in the Property Deeds;
- will not be shown on the index map but will instead be recorded in the index of relating Franchises and Manors, which is a verbal index.
Land Registry can only enter a notice in respect of the burden of an adverse right affecting the title to a Property or Mortgage. It follows that relating Franchises cannot be noted in the Deeds of those registered Properties falling within the area of the Franchise.
Registration of an affecting Franchise:
If Conveyancing Solicitors and Property Lawyers have grounds for believing that the Franchise they seek to register is an affecting Franchise, and with to register it as such, they should make this clear in the application for registration.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 2 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Apartment / Flat / House 2)
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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