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Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers 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 13

Transfer of a House / Flat / Apartment

Overriding interests in more detail

Interests which lose overriding status after 10 years
These interests will cease to have overriding status from 13 October 2013 (10 years after Land Registration Act 2002 came into force).

Before then, they can be protected without fee:
- where the title to the Property affected is not yet registered, by caution against first registration, or
- where the title is registered by a notice in the Property Deeds

Adverse Possession
Rights acquired, before the LRA 2002 came into force, under the Limitation Act 1980 or under section 75 Land Registration Act 1925, have overriding status for only three years. From 13 October 2006, they will only be protected if the Claimant is in actual occupation of the Property, or, on first registration, if the proprietor has notice of them. So anyone who has acquired Property but is only in receipt of rents and profits, or who has acquired title and then been dispossessed, will need to apply for registration.

Profits a Prendre in gross

A profit a prendre in gross is a right to take something from another person's Property.

The most common examples are sporting rights such as shooting and fishing. Where these exist in gross they are interests that can be bought and sold separately from the ownership of the Property itself.

A profit a prendre in gross is an interest in Property. It can be granted by Deed or acquired by common law prescription or under the doctrine of lost modern grant. Prior to the Land Registration Act 2002, profits a prendre in gross were not capable of registration separately from Property. From 13 October 2003, however, they can be registered by Conveyancing Solicitors and Property Lawyers.

What profit a prendre can be registered?

Examples of profit a prendre are rights to take fish, game, vegetables, peat, fern and thorns, but there may be others. Profits a prendre are usually rights to take something on the Land itself or the wild animals existing on it.

Because different profits a prendre in gross may be granted over the same Property to take different things, or to take the same thing at different times, there may be more than one profit a prendre in gross title affecting the same Property.

To be capable of registration under its own title, a profit a prendre must:
- exist in its own right and not be annexed to the ownership of other Property (that is, it must exist 'in gross')
- be held in fee simple or for a term of years with more than seven years unexpired
- be granted by Deed, acquired by prescription at common law or acquired under the doctrine of lost modern grant;
- be in respect of something which is capable of ownership (so, for example, it cannot be in respect of water).

Discontinuous Leasehold Property Deeds
Discontinuous Leases of profits a prendre in gross may only be the subject of first registration if at the date of the application more than seven years of the term are unexpired. This means that if the right is granted for one month a year, more than 84 months must remain unexpired, and so on. Section 3(4) Land Registration Act 2002 specifically relates to estates in Land, and, therefore, excludes profits a prendre in gross from the provisions for discontinuous Leases made by that section.

Distinguishing a profit a prendre from other types of right

Easements:
The benefit of an easement cannot exist independently of Property. It is a right that the owner of one piece of Property has over another person's Property. The servient owner grants a right to do something (or refrains from doing something themselves) on their Property which benefits the dominant Property.

Profits a Prendre in gross:
The benefit of a profit a prendre in gross exists independently of Property. It is a right to take something from someone else's Property.

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

. . . continued on page 15 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of House / Flat / Apartment 15)

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