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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 15

Transfer of a House / Flat / Apartment

Commons Registration Act 1965

Individual rights of common include:
- rights of pasture, and (by statutory definition) cattlegates and beastgates
- rights of turbary (turf cutting)
- rights of estover (right to collect wood)
- rights of piscary (right to fish in common with others)
- rights of common in the soil (right to take stone, gravel and so on).

A right of common is, therefore, a form of profit a prendre, and some rights of common will be profits a prendre in gross. However, not all profits a prendre in gross will be rights in common. In particular, the definition of rights of common for the purposes of the 1965 Act excludes Leasehold rights.

If Conveyancing Solicitors and Property Lawyers make an application to Land Registry to register freehold rights of common over Property capable of being registered under the 1965 Act, they will not be able to accept it.

A search under the 1965 Act should accompany every application for the registration of a profit a prendre in gross, unless:
- the area affected by the profit a prendre in gross falls within one of the areas exempted from the effect of the 1965 Act. These are:
- New Forest;
- Epping Forest;
- Forest of Dean;
- any other Land exempted by ministerial Order (if Conveyancing Solicitors and Property Lawyers rely on an exemption by Order they should enclose a certified copy of the Order with the application)
- the rights of common are held for a term of years or from year to year

Searches in the Land Charges Department

Conveyancing Solicitors and Property Lawyers should submit a search in the Land Charges Department with any application for the registration of a profit a prendre in gross granted out of an unregistered Property.

Application for a restriction in form A

Where a person or persons instruct Conveyancing Solicitors and Property Lawyers to apply to be registered as proprietor(s) of a profit a prendre in gross and a sole proprietor or survivor of joint proprietors will not be able to give a valid receipt for capital money, application should be made for entry of a restriction in form A (rules 94(2) and (3) Land Registration Rules 2003). The application should be made in form RX1 or where a Land Registry form of transfer has been used for the disposition to the applicant, in that form.

Documentary evidence of Property ownership

The profit a prendre in gross:
Land Registry need evidence of the Property ownership of the grantor to grant the profit.

Land Registry will accept as sufficient evidence a copy Conveyance on sale to the grantor which, at the date of registration, is more than 15 years old. If such a Conveyance to the grantor is less than 15 years old at the date of registration, Land Registry will require a good root of title from the Conveyancing Solicitors and Property Lawyers that is at least 15 years old at the date of registration. If the grantor's title is leasehold, Land Registry will wish to examine the title in this manner up to and including the eventual freehold reversion. They will also of course need to see the grant and documents showing the devolution of the title to the applicant.

If may be possible on occasion to accept as sufficient evidence that falls short of these requirements - for example, where the profit is particularly old.

Rights associated with the profit a prendre in gross
Rights which are effectively part of the profit a prendre in gross, for instance "the right to enter upon Manchester Acre and shoot game" will form part of the description of the profit a prendre in gross in the Property Deeds. If they are not set out verbatim in the Property Deeds a copy of the grant will be filed from which the nature of such rights can be established.

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

. . . continued on page 17 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of House / Flat / Apartment 17)

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Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester on Transfer of a House / Flat / Apartment.