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 11 . . .
Registering a caution against First Registration
Cancelling a caution against first registration
Who may apply
Where the Property to which the caution relates is demesne Land, either Her Majesty, or the owner of a legal estate affecting the demesne Land, may apply for cancellation.
Under section 18(2) Land Registration Act 2002, a person who has consented to a caution, or a person who derives title under operation of Law from a person who consented, cannot apply to cancel it unless, under rule 46 Land Registration Rules 2003, either:
- the relevant interest has come to an end
- they claim that the consent referred to in section 18(2) LRA 2002 was induced by fraud, misrepresentation, mistake or undue influence, or given under duress.
Form of application
Conveyancing Solicitors and Property Lawyers should use form CCT when applying for cancellation of a caution title. This is available from Law stationers or can be downloaded from various Internet suppliers.
If Her Majesty is the applicant and the caution relates to demesne Land Conveyancing Solicitors and Property Lawyers may modify form CCT, under the provisions of rule 44(5) Land Registration Rules 2003, to take account of the fact that she cannot apply as estate owner.
If the application is to cancel part only of the caution title, sufficient particulars by plan, or otherwise, to allow identification of the extent on the Ordnance Survey map should accompany the application. This is covered in panel 8 of the form. (rule 44(2) LRR 2003).
Conveyancing Solicitors and Property Lawyers complete panel 9 to demonstrate how the applicant for cancellation is entitled to apply. The evidence referred to in this panel should be in documentary form demonstrating title, in line with the provisions of section 44 Law of Property Act 1925, as amended. If this is not possible, for example if it is claimed the documentary title is lost, then Conveyancing Solicitors and Property Lawyers should set out the circumstances in full so that the matter can be considered.
If Conveyancing Solicitors and Property Lawyers answer 'yes' to panel 10, they should supply the necessary evidence as specified in this panel on the form. Form DL can be used to list any documents accompanying the application.
The side notes to panel 5 carefully describe the circumstances under which Land Registry will retain or return documents.
What happens once the application is made
Provided the application is in order, Land Registry will serve notice under section 18(3) Land Registration Act 2002. The application will then be held in abeyance for the prescribed notice period, in which time the cautioner may exercise their right to object to the application (rule 53 Land Registration Rules 2003).
If the cautioner does object to the application, Land Registry will contact the applicant with the details. The Registrar may not determine the application until the objection has been disposed of (section 16(2) Land Registration Act 2002). If the cautioner has not exercised their right to object before the expiry of the notice period, the caution title will be cancelled (section 18(4) Land Registration Act 2002).
Completion
Where the application submitted by Conveyancing Solicitors and Property Lawyers is successful Land Registry will notify the applicant that they have completed it and cancelled the caution title (or part of it). Where part only of the caution title is cancelled Land Registry will enclose up to date copies of the caution register and plan.
At the same time Land Registry will invite the Property owner to instruct Conveyancing Solicitors and Property Lawyers to apply for first registration of the Property. This is the most effective method of preventing any further cautions against the Property.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 13 (Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 13)
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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