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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 14

Transfer of a House / Flat / Apartment

Distinguishing a profit a prendre from other types of right

Easements:
Easements can be acquired under the provisions of the Prescription Act 1832. Please consult your Conveyancing Solicitors and Property Lawyers for further information.

Profits a Prendre in gross:
A profit a prendre in gross cannot be acquired under the provisions of the Prescription Act 1832.

Licences:
A Licence does not create an interest in Property. It is a personal arrangement, which amounts to a permission to do something that would otherwise be a trespass. cf. A profit a prendre in gross is an interest in Property.

Customary Rights:
Customary rights are rights enjoyed by custom by some or all of the inhabitants of a particular locality. Being owned by a fluctuating group of people, they are incapable of being the subject of a grant. cf. A profit a prendre in gross arises by grant or prescription, which presupposes a grant that cannot now be produced.

(A customary right cannot be registered either as a separate title or as appurtenant to other Property. However, a notice can be entered in the Property Deeds subject to a customary right. The application should be made by Conveyancing Solicitors and Property Lawyers on form AN1 or UN1.

Making an application for first registration

Documents required:
When applying to register a profit a prendre in gross where either:
- the grant was out of unregistered Property;
- the grant was out of a registered Property and made before 13 October 2003
Conveyancing Solicitors and Property Lawyers should lodge the following documents:
- form FR1
- sufficient details to accurately identify the Property affected by the profit a prendre in gross on the current Ordnance Survey map.
- documents proving title tot he profit a prendre in gross. If the grant was out of registered Property, Land Registry still need to see evidence of the devolution of title to the applicant, if not the original grantee;
- if documents of Property Deeds are not available, evidence will be required of what documents of title existed and what has become of them, as well as what those documents of title contained. Where copies, memorials or abstracts are available these should be supplied;
- if it is claimed that the profit a prendre in gross has been acquired by common law prescription or under the doctrine of lost modern grant, evidence by way of statutory declaration or statement of truth of the facts relied on should be supplied;
- any consents of interested parties;
- any necessary search under the Commons Registration Act 1965;
- any necessary search under the Land Charges Act 1972
- certificate of value of the interest (unless a recent transaction states consideration).
- Fee (payable under the current Fee Order) based on either:
(a) the price paid in a recent transaction;
(b) the certificate of value of the interest being registered;
- full details in form DI of any other unregistered interests affecting the profit a prendre in gross as specified in schedule 1 Land Registration Act 2002.
If the profit a prendre in gross was granted out of registered Property Deeds or after 13 October 2003.

Commons Registration Act 1965

'Rights of common' over Property capable of being registered under the 1965 Act cannot be registered under the Land Registration Act 2002 (section 1(1) of the 1965 Act). Nor can the burden of such rights be noted in the Property Deeds subject to them (see section 33(d) LRA 2002).

Property is capable of being registered under the 1965 Act if it is subject to rights of common.

The classic definition of a right of common is a right, which one or more person may have, to take or use some portion of that which another person's soil naturally produces.

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

. . . continued on page 16 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of House / Flat / Apartment 16)

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