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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 16

Transfer of a House / Flat / Apartment

Documentary evidence of Property ownership

Rights associated with the profit a prendre in gross
An easement over other Property can exist as appurtenant to a profit a prendre in gross. On first registration, the title to the profit a prendre in gross will be examined and appurtenant easements to which good title can be shown will be registered. This will involve the service of notice on any Property owner, other than the grantor of the profit a prendre in gross, whose Property is affected by such easements, and they will be given the opportunity to object to the registration of easements which affect their title.

Evidence of Property ownership by statutory declaration or statement of truth

If Conveyancing Solicitors and Property Lawyers are unable to provide the documentary title referred to above, they will need to provide evidence of Property ownership, which will usually take the form of a statutory declaration or statement of truth.

This may be the case if either:
- documents of title have been lost
- the profit a prendre in gross has been acquired by common law prescription or under the doctrine of lost modern grant.

It is for the deponent to include in their declaration or statement all material facts within their knowledge. Land Registry cannot give advice as to what a statutory declaration or statement of truth should say in any given case, nor can they be submitted for 'approval'.

Extent:
If Conveyancing Solicitors and Property Lawyers are making an application to register a profit a prendre in gross without deeds, then it will be necessary for them to supply a plan based on the latest Ordnance Survey map, defining the extent affected by the profit a prendre in gross.

Conveyancing Solicitors and Property Lawyers should exhibit the plan to the declaration.

Profit a prendre in gross acquired by lost modern grant or prescription
Claims to profits a prendre in gross by common law prescription or lost modern grant are rare. If Conveyancing Solicitors and Property Lawyers are making such an application, the accompanying statutory declaration or statement of truth should establish that:
- there was at all material times a capable grantor and a capable grantee;
- the right claimed is not a customary right;
- there has been a minimum period of user of 20 years
- the exercise of the profit a prendre in gross has been without force, without secrecy and without permission
- the grant of the profit a prendre in gross would not have been illegal

The Prescription Act 1832 does not apply to profits a prendre in gross and Land Registry will, therefore, not consider applications making reference to this Act.

Consent to Registration

When Land Registry will serve notice:
If the application submitted by Conveyancing Solicitors and Property Lawyers to register the profit a prendre in gross is in order, then Land Registry will serve a formal notice on affected parties.

Land Registry will make a decision regarding whom to serve notice on according to the circumstances of each individual case. This will usually include some or all of the following:
- the registered Property owner and Mortgagee of an affected registered Property;
- the owner and Mortgagee of an affected unregistered Property;
- the registered Property Owner of an estate affected by easements associated with the profit a prendre in gross.

Where notice is not required:
Notice may not be necessary if either:
- the profit a prendre in gross is already noted in the relevant Property Deed(s)
- the application includes the unconditional consent of the Property owner(s) to make an entry regarding the profit a prendre in gross and the detailed wording of the proposed entry has been agreed in advance.

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

. . . continued on page 18 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of House / Flat / Apartment 18)

Please telephone Paul on 0161 866 8999 if you require any further information.

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M32 9HB

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