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 13 . . .
Applying to alter the caution register (Property title deeds)
When the caution register (Property title deeds) may be altered
The Registrar can alter the caution register either:
- to correct a mistake
- to bring it up to date (section 21 Land Registration Act 2002)
- to give effect to an order of the Court (section 20 Land Registration Act 2002).
Form of application
Conveyancing Solicitors and Property Lawyers should use form AP1 when applying to have the caution register (Property title deeds) altered. Written details of the alteration required, on the grounds on which the application is made and any supporting documents should accompany the application (rule 50(1) Land Registration Rules 2003).
If the Conveyancing Solicitors and Property Lawyers for the applicant claim that the whole of the interest vested in the client by operation of Law they may apply for the Property deeds to be altered. The Registrar is only obliged to alter the cautions register to substitute another person for the cautioner if the whole of the relevant interest is vested in that other person by operation of Law (rule 49(2) Land Registration Rules 2003). The appropriate evidence of devolution of title should accompany the application.
If the applicant claims that the whole of the interest has vested in them other than by operation of Law (by assignment, for example), they may apply for the Property title deeds to be altered. The Registrar has a discretion to alter the cautions register to substitute another person for the cautioner in such circumstances (section 20(1) Land Registration Act 2002 and rule 50 Land Registration Rules 2003). The appropriate evidence of devolution of title should therefore accompany the application. However, where that interest is a 'qualifying estate' within section 4 LRA 2002 the assignee would be required to instruct Conveyancing Solicitors and Property Lawyers to apply for first registration under section 6 Land Registration Act 2002 in any event.
A fee is payable in cases where a new cautioner is being registered in place of an existing cautioner. Other applications may attract a fee depending on the nature and scale of the alteration required.
Notices
Unless the Registrar is satisfied that it is unnecessary, notice will be served on the cautioner giving details of any application to alter the caution register (rule 50(2) Land Registration Rules 2003). The cautioner may object to the alteration within the notice period prescribed under rule 197 Land Registration Rules 2003. Where the cautioner shown in the cautioner's register is more than one person, then each such person may object to an application made under section 28 Land Registration Act 2002.
Completion
Where the application submitted by Conveyancing Solicitors and Property Lawyers is successful and the cautioner has consented after the service of any notice that was deemed necessary, Land Registry will alter the register (Property deeds) and notify the Conveyancing Solicitors and Property Lawyers of completion. Land Registry will send out an up-to-date copy of the caution register and, where it has been changed, the plan.
Adverse Possession of Unregistered Land and Registered Land where a right to be registered was acquired before 13 October 2003
We now discuss the Land Registry's approach to applications based on adverse possession for (1) first registration of unregistered Property, and (2) registration as proprietor of registered Property where a squatter was in adverse possession for the requisite limitation period so as to have acquired a right to be registered as proprietor before 13 October 2003. We also consider the procedures for making such applications, and the options available to those served with notice of them.
Please contact us for details of adverse possession application in respect of registered Property under the new regime set out in schedule 6 of the Land Registration Act 2002.
Where Property is unregistered, a squatter can acquire title by their adverse possession over a period of time. This is through a combination of positive effect of the adverse possession giving them title and the negative effect of the Limitation Act 1980, which extinguishes the documentary or paper title.
Under the Law as it was prior to the coming into effect of the Land Registration Act 2002 on 13 October 2003, the provisions of the Limitation Act 1980 applied in the same manner to registered Property as unregistered Property except that the estate of the registered proprietor, instead of being extinguished at the end of the appropriate limitation period was deemed by section 75(1) Land Registration Act 1925 to be held on trust for the squatter. This form of trust was abolished under the Land Registration Act 2002 but paragraph 18(1) of schedule 12 LRA 2002 provides that a squatter who is already a beneficiary under such a trust has a right to be registered as proprietor.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 15 (Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 15)
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
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