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 10 . . .
Registering a caution against First Registration
Form of application
Panel 7 - the Property to which the caution relates
Where Conveyancing Solicitors and Property Lawyers act for a cautioner who claims an interest in more than one estate, eg both freehold and leasehold, they should lodge separate cautions in respect of each of them to be certain of receiving notice under section 16(1) Land Registration Act 2002. This requires a separate form CT1 and fee for each estate affected.
Panel 8 - Address(es) for service of each cautioner to be entered in the Property deeds
Land Registry require this information for entry in the caution register for service of notices and correspondence. Each cautioner may give up to three addresses for service, one of which should be a postal address but does not have to be within the UK. The others may be a combination of postal addresses, whether or not in the UK, box numbers at a UK documents exchange (DX) or electronic addresses (rule 198 Land Registration Rules 2003).
Where a cautioner is a Company Conveyancing Solicitors and Property Lawyers should include the Company's registered number. The cautioner should be a legal person, such as an individual or a corporate body. Although a partnership is not a legal person, it may still be possible to register a caution in the firm's name.
Panel 9 - Identity of person making statement of truth
Conveyancing Solicitors and Property Lawyers should complete the appropriate box depending on whether the statement is made by or on behalf of the cautioner, or by a Solicitor acting for the cautioner. Only one of the boxes should be completed. The full name of the person making the statement of truth is required in the box.
Panel 10 - Statement of truth
Conveyancing Solicitors and Property Lawyers should state here the nature of the cautioner's interest in the Property, for example:
- 'by having the benefit of an option to purchase the Property pursuant to an Agreement dated ...'
- 'as Claimant in a Chancery action, Manchester United -v- Manchester City Case No: ... in which the claimant claims title to (or interest) the Property'
- 'as Claimant in an action in the Chancery Division of the High Court of Justice, Manchester City -v- Manchester United 1998 CH No... in which the Claimant claims title to (or an interest in) the Property'
- 'as equitable Mortgagee under a memorandum of charge dated ... under the hand of ...#
The declaration should not rely on any documents. For example, a declaration stating that the cautioner is interested in the Property 'set out in correspondence with Land Registry' would not be acceptable, since it gives no indication of the basis of the cautioner's claim.
Panel 11 - Signature of the applicant or their Solicitor
The applicant or Solicitor lodging the caution should sign and date the form here.
Panel 12 - Consent(s) to the lodging of the caution
Caution applications do not require any consents. However, a person may consent to the lodging of a caution (rule 47 Land Registration Rules 2003). A person who has consented may not subsequently apply to cancel the caution under section 18(1) Land Registration Act 2002 unless one of the exceptions under rule 46 Land Registration Rules 2003 applies.
Persons consenting can use panel 12 to confirm their consent to the lodging of the caution.
Accompanying Documents:
Conveyancing Solicitors and Property Lawyers should not exhibit any documents to the application other than a plan (if any) referred to in panel 6 of the application form, form CS continuation sheet(s) (if any) and a cheque for the fees where this is the method of payment. They should not lodge any deeds or correspondence referred to in the declaration or certificate or any copies.
Cancelling a caution against first registration
An application can be made to have a caution title cancelled, effectively clearing the way for substantive registration. The procedure is sometimes referred to as 'warning off'.
Who may apply
Either the owner of the Property to which the caution relates, or a person or persons deriving title out of the estate to which the caution relates (such as Lessee or Mortgagee), may apply to cancel the caution title (section 18(1) LRA 2002 and rule 45 LRR 2003).
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 12 (Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 12)
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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