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
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Transfer of a House / Flat / Apartment
Applications and format of official copies
How to check that the document received is an an electronic official copy of the Property Deeds or Deeds plan
Conveyancing Solicitors and Property Lawyers should check in the same way that they would a traditional paper document. Two considerations will help to determine whether the document is an official copy: What does the document look like and where did it come from?
As to what the document looks like, does it look like an official copy and are there any obvious discrepancies in the form and other the information is presented?
As to where the document came from, did it purport to come from the Land Registry online, the National Land Information Service or, if forwarded by a third party, is the standing of that person such as to make it likely that it is an official copy?
Official copies generally
Official copies of Property Deeds and Deed Plans are alway timed and dated to show that they represent a true record of the entries in the Property Deeds and the extent of the registered title at that specific time. Where there are pending substantive applications, the date and time will be backdated to before receipt of the earliest pending application. An official search based on the copy register can be made to provide details of the pending application(s).
Official copies of documents are not dated because, once registered, documents are not normally altered.
Official copies are admissible in evidence to the same extent as the original (section 67 Land Registration Act 2002).
For applications for official copies made in accordance with the Land Registration Rules 2003 Conveyancing Solicitors an Property Lawyers should check with the latest Fees Order for the fees payable. Different considerations apply for requests for information made in accordance with the Freedom of Information Act 2000.
The certificate in form CI option
A special procedure, based on the use of an officially approved Property layout plan, is available to simplify the task of buying and selling, or leasing plots on a developing title. It involves the use of recognised plot numbers and instead of applying for an official copy of a Deeds plan, Conveyancing Solicitors and Property Lawyers can apply instead for a certificate of inspection. If a certificate is required , Conveyancing Solicitors and Property Lawyers should complete the certificate in form CI on form OC1 or provide the relevant information when lodging the application by other means such as telephone services, Land Registry Internet on line services or the National Land Information Service.
The certificate will confirm that the plot is within the seller's title deeds and will also reveal whether it is affected by any references shown on the seller's deeds plan. This can be useful where the seller's deeds plan is complicated.
Where Land Registry have approved a Property layout plan, Conveyancing Solicitors and Property Lawyers simply need to give the plot number.
Where Land Registry have not approved a Property estate plan, Conveyancing Solicitors and Property Lawyers should lodge an accurate plan in duplicate (at 1/2500 scale or greater) showing in relation to the detail shown on the deeds plan, the precise position and extent of the Property they are interested in.
Official copies of documents
If Conveyancing Solicitors and Property Lawyers apply in writing for copies of documents that are available as of right under rule 135 Land Registration Rules 2003 they should apply in for OC2.
Conveyancing Solicitors and Property Lawyers cannot request this under the Freedom of Information Act as it is 'reasonably accessible' to them within the meaning of section 21 Freedom of Information Act 2000. If Conveyancing Solicitors and Property Lawyers apply under the FOIA 2000 for copies of documents that are not available as of right, they should apply in writing, but this can be by email.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
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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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M2 4PD
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Please telephone 0161 866 8999 for a free quote.
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