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 3
Transfer of a House / Flat / Apartment
Correspondence on boundary and title problems
The system of issuing certificates of an official search of the index map is a service provided mainly to enable a prospective buyer to establish whether or not registered Property Deeds exist for a Property so a transaction can be complete speedily and effectively. For the service to operate efficiently, it is important to ensure that correspondence or enquiries relating to registered Property are submitted separately from any application for an index map search.
Conveyancing Solicitors and Property Lawyers should make enquiries relating to boundaries or title to Property the subject of separate correspondence after having made an official search of the index map.
Large of Complex applications
Where searches affect a large area or an area of complex registrations, it would be helpful if Conveyancing Solicitors and Property Lawyers first contact customer service at Land Registry. This will enable Land Registry to make any necessary special arrangements. This should be of benefit to both parties particularly where the search forms part of a large scale application.
Inspection and application for official copies
We now consider inspection of the Property Deeds and how to make applications for official copies. The Land Registration Act 2002 made changes to rights to inspect and obtain copies of Leases and charges referred to in the Deeds and in respect of documents not referred to in the Deeds.
A new service for obtaining copies of historical editions of the Deeds has been introduced.
Where Land Registry refer to documents this does not only mean title deeds. The term also includes application forms, correspondence and items that have been created or commissioned, for example, the result of a survey of Property. The same rights are generally available whether the Conveyancing Solicitors and Property Lawyers wish to inspect in person or make an application for official copies. Land Registry will deal with common elements first and then with the different forms of application.
What is available as of right under the Registration Act 2003
With some important exceptions referred to in section: Documents not available as of right, any Conveyancing Solicitors and Property Lawyers can apply to inspect or obtain official copies of the following as of right:
- the Deeds or caution register of an individual registered title;
- any title deeds plan or caution plan of an individual title;
- any document referred to in the registered Property deeds;
- any document not referred to in the registered Property deeds which relates to an application;
NB: Conveyancing Solicitors and Property Lawyers cannot request this information under the Freedom of Information Act 2000 as it is 'reasonable accessible' under the meaning of section 21 FOIA 2000.
Documents not available as of right
There are some important exceptions to the general right of inspection and copying. These are:
- exempt information documents;
- an edited information document which has been replaced by another edited information document under rules 136(6) or 138(4) Land Registration Act 2003;
- form EX1A
- form CIT and any form which has been attached to form CIT together with any documents or copy documents prepared to sent by the Registrar in response to the application;
- correspondence and documents relating to indemnity claims
- any document relating to an application for a network access agreement under paragraph 1(4) of schedule 5 Land Registration Act 2002;
- any document within section 66(1)(c) LRA 2002 provided, prepared or obtained as evidence of identity of any person (such as an applicant) or an objector, for example)
- any other document within section 66(1)(c) LRA 2002 which relates to the prevention or detection of crime - unless it is a document:
(a) lodged as part of or in support of either an application to the Registrar or an objection to an application; or
(b) prepared by, or at the request of, the Registrar as part of the process of considering an application or objection but which is not prepared principally in connection with the prevention or detection of crime.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 5 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of House / Flat / Apartment 5)
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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