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 17
Transfer of a House / Flat / Apartment
Consent to Registration
Details of unregistered Property owners:
If the burdened Property, or any part of it, is unregistered, Land Registry will require details of the current owners supported by evidence of their ownership. This allows Land Registry to serve notice of the application on them where necessary and to be sure that they are serving it on the right people. Where the application is accompanied by unconditional consents from the owners, it allows Land Registry to satisfy itself that the consents have been given by the right people.
A Legal profit a prendre in gross is an interest which overrides first registration. Where it has not been possible to register a profit a prendre in gross because an unregistered owner cannot be identified, a caution against first registration may be applied for instead.
Disputes:
In the event of an objection to registration of a profit a prendre in gross which is not groundless and which cannot be resolved between the parties, Land Registry's dispute procedure will apply and the matter will be referred to the Adjudicator to HM Land Registry under the provisions of the Land Registration Act 2002.
Noting the profit a prendre in gross on affected registered Properties
When all matters referred to in the section: Consents to registration have been resolved with the Conveyancing Solicitors and Property Lawyers, Land Registry will note the existence of the profit a prendre in gross in the charges register of affected registered Property Deeds.
There is no fee associated with noting the profit a prendre in gross on affected servient Property Deeds, as long as this takes place as part of the application for first registration.
Profit a prendre in gross granted out of a registered Property on or after 13 October 2003
Any profit a prendre in gross granted out of a registered Property on or after 13 October 2003 should be registered to operate at Law (section 27(2)(d) Land Registration Act 2002).
Conveyancing Solicitors and Property Lawyers should:
- apply using form AP1 (and form DI where appropriate)
- enclose the original grant (together with a copy if the original deed is to be returned to the Conveyancing Solicitors and Property Lawyers)
- include the appropriate Land Registry fee
Subsequent dealings with registered profits a prendre in gross
Transfers and Leases
The owner of a profit a prendre in gross may transfer or Lease it in the usual way subject to any rule of Law, express provision in the grant of the profit a prendre in gross or entry in the Property Deeds to the contrary.
A Lease of a registered profit a prendre in gross is a registrable disposition, regardless of the length of the term.
Closure of Title
Upon application for closure of a profit a prendre in gross title, it will be necessary to provide evidence that the profit a prendre in gross has been extinguished. This may occur by:
- statute;
- release (express or implied)
- unity of ownership and possession
Conveyancing Solicitors and Property Lawyers should make any such application on form AP1.
Where it considers it necessary to do so, Land Registry will serve notice of the closure on the registered owner and any other interested person before proceeding with the application for the closure of the title.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
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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Manchester
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Manchester
M2 4PD
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