Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester for Transfer / Lease of Business Premises
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
continued from page 9 . . .
Registering a caution against First Registration
Form of application
Conveyancing Solicitors and Property Lawyers should use form CT1 to apply to register a caution against first registration. This is available from Law stationers, or can be downloaded from various providers.
Panel 1 - Local Authority serving the Property
Conveyancing Solicitors and Property Lawyers should enter the Authority to whom Council tax or business rates would normally be paid in respect of the Property.
Panel 2 - Property
Conveyancing Solicitors and Property Lawyers should give the postal address, if any, of the Property affected. They should always include the postcode as it is an essential part of the description of the Property. If there is no postal address, a general description such as 'land on the north side of Manchester Road, Greater Manchester' will suffice.
Panel 3 - Extent of Property to which the caution relates
Unless the Property is a relating franchise, as defined by rule 217 Land Registration Rules 2003, Conveyancing Solicitors and Property Lawyers should enter sufficient particulars in this panel to enable the extent of the Property affected by the caution to be identified on the Ordnance Survey map.
There are two options when completing this panel:
(a) where a plan is being supplied Conveyancing Solicitors and Property Lawyers should place 'x' in the first box and state how the Property is referred to on the accompanying plan. The plan should be prepared to a suitable scale and show clearly, by edging or other reference, the precise extent of the Property to be subject to the caution. If the Conveyancing Solicitors and Property Lawyers do not provide a plan and Land Registry cannot otherwise identify the Property, they will reject the caution application.
(b) if the postal description given in panel 2 of the application form is sufficient to allow identification of the Property on the Ordnance Survey map Conveyancing Solicitors and Property Lawyers should place 'X' in the second box. However, this will usually only apply where the Property is residential with established features on the ground that define its apparent boundaries on the Ordnance Survey map.
Panel 4 - application and fee.
Conveyancing Solicitors and Property Lawyers should enter the fee payable in accordance with the latest Fee Order. Under the provisions of section 117 Land Registration Act 2002 no fee is payable in respect of a caution against first registration where the interest claimed by the cautioner is one falling within paragraphs 10 to 14 of schedule 1 Land Registration Act 2002. This is provided that such an application is lodged in the period of 10 years beginning with the day on which that schedule came into force. These interests are:
- a franchise
- a manorial right
- a right to rent that was reserved to the Crown on the granting of any freehold estate (whether or not the right is still vested in the Crown)
- a non-statutory right in respect of an embankment or sea or river wall
- a right to payment in lieu of tithe.
Panel 5 - the cautioner
Conveyancing Solicitors and Property Lawyers should give the name of the cautioner here (not any Solicitor lodging the application on their behalf)
Panel 6 - The application is sent to Land Registry by
The details of the Conveyancing Solicitors and Property Lawyers sending the application to Land Registry should be entered here.
Panel 7 - the Property to which the caution relates
Details of the Property affected by the caution should be entered here. In the case of a rentcharge, franchise or profit a prendre in gross, Conveyancing Solicitors and Property Lawyers should enter full details of the particular Property affected, including the date, nature and parties of the instrument by which the Property was created, if known. Also, provide the amount of the rentcharge, the nature of the franchise or profit and the length of any leasehold term.
Land Registry will serve notice on a cautioner on receipt of any application for first registration of an estate that relates to an estate that is the subject of a caution (section 16(1) LRA 2002). This means that in some situations an application for first registration of one estate may trigger notice to the cautioner even though the estate that is the subject of the caution is a different estate. However this will not apply in every situation.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 11 (Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 11)
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
City Centre Serviced Office - Conference rooms are also
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Manchester
Conveyancing Solicitors | Ford
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Pall Mall Court
King Street
Manchester
M2 4PD
Tel: 0161 866 8574
Please telephone 0161 866 8999 for a free quote.
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