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 12 . . .
Withdrawing a caution against First Registration
Who may apply
The Cautioner may instruct Conveyancing Solicitors and Property Lawyers to apply to withdraw their caution at any time (section 17 Land Registration Act 2002). Typically this may be because:
- they no longer hold the interest in the estate to which the caution relates
- they are satisfied their interest is adequately protected in some other way
- an application for registration is being made and they do not wish to impede it
- they are applying for substantive registration themselves
Form of application
Conveyancing Solicitors and Property Lawyers should use form WCT when applying to withdraw a caution. This is available from Law stationers, or can be downloaded from various Internet suppliers.
Outline applications can only be made by Conveyancing Solicitors and Property Lawyers in respect of an application to withdraw a caution against dealings.
Only the cautioner may apply to withdraw the caution. If the cautioner has died, the personal representatives must first instruct Conveyancing Solicitors and Property Lawyers to apply to be registered in place of the cautioner under rule 51 Land Registration Rules 2003. They can subsequently apply for withdrawal of the caution in the capacity of cautioner.
If part only of the caution title is being withdrawn the second option in panel 6 will apply and the Conveyancing Solicitors and Property Lawyers should supply details, by plan or otherwise, to enable to extent of that part to be clearly identified on the Ordnance Survey map.
What happens once the application is made
Provided the application is in order it will be completed without further reference to the Conveyancing Solicitors and Property Lawyers for the applicant:
- where it has been lodged by Conveyancing Solicitors and Property Lawyers
- where it accompanies an application for first registration and the cautioner is being registered as proprietor by reason of the first registration application. This applies whether or not a Solicitor or Conveyancer lodged the caution.
In the above circumstances Land Registry will not serve notice on the cautioner as a matter of routine.
However, Land Registry will serve notice on the cautioner:
- where the application, not being accompanied by an application for first registration, has not been lodged by a Solicitor or Property Lawyer; or
- in any other case where the Registrar deems it necessary to give validity to the application (rule 17 Land Registration Rules 2003).
If notice is served, Land Registry will allow the prescribed notice period under rule 197 Land Registration Rules 2003 for the cautioner to object to the application. If they receive an objection to the application from the cautioner they will contact the Conveyancing Solicitors and Property Lawyers for details. The Registrar may not determine the application until the objection has been disposed of (see section 73(5) Land Registration Act 2002).
Completion
Where the application submitted by Conveyancing Solicitors and Property Lawyers is successful Land Registry will notify the applicant when they have completed it and the caution title is withdrawn. Where part only of the caution title has been withdrawn, Land Registry will enclose up-to-date copies of the caution register and plan.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 14 (Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 14)
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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