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 17 . . .
Making an application for registration on the basis of adverse possession
The supporting evidence
The Land Registry never say what the outcome of an application will be before it is made. They can only make this decision after all the evidence has been produced by the Conveyancing Solicitors and Property Lawyers for the applicant, responses to requisitions and time period relating to the notices. For this reason, and to avoid putting words into people's mouths, Land Registry ask all Conveyancing Solicitors and Property Lawyers not to send them draft statements of truth or statutory declarations for approval.
Searches
If the owner is, or appears to be, a Company, Conveyancing Solicitors and Property Lawyers should carry out an appropriate Company search to find out whether or not the Company has been dissolved and obtain details of any charges the Company has entered into in respect of the Property. Conveyancing Solicitors and Property Lawyers should lodge the results of the search with the application.
Conveyancing Solicitors and Property Lawyers should carry out a search of the index map to check whether or not the Property is registered.
Where the Property is unregistered, Conveyancing Solicitors and Property Lawyers should send in with the application land charges search certificates in respect of the squatter, the owner and any previous owners who can be identified.
Where the Property is unregistered and there is a reasonable possibility of it being common land or town or village green, Conveyancing Solicitors and Property Lawyers will need to make a commons registration search and send in the certificate.
Land Registry response and registration
Land Registry Inspection
Often the statements in the statement of truth or statutory declarations, while not untrue, do not give a complete picture. For example, the person making the statement or declaration may have forgotten to mention a gate in a feature that appears, on the Ordnance Survey map, to bar access from adjoining Properties. Usually, therefore, Land Registry will need to arrange for one of the surveyors to inspect the Property and to see their report before they can register with any class of title.
Conveyancing Solicitors and Property Lawyers for the applicant, the squatter and the owner (if known) will be informed of the inspection before it takes place.
Where the Property is unregistered, a fee under the Fee Order is payable by the squatter for the inspection and it must be paid with the fee for the application when form FR1 is lodged. Where the Property is registered, the current fee for the application payable under the Fee Order is taken to include the inspection fee.
Case Law
Land Registry examine each application on its own merits. They bear in mind the case Law on adverse possession but Conveyancing Solicitors and Property Lawyers will need to remember that the Court will have heard evidence and arguments on both sides while Land Registry will normally only hear the squatter's version of events. And although the facts in any application may be superficially similar to those in a reported case, they are unlikely to be identical.
Notices
If, from the evidence Land Registry have seen, they believe it to be more likely than not that there has been adverse possession for the requisite period, they will give notice of the application to any person who, from the information available or from Land Registry local knowledge, may have an interest in the Property. Where the Property is registered, Land Registry will serve notice on the registered proprietor and on any registered Mortgagee.
Land Registry will not complete a first registration application based on adverse possession in so far as the Property concerned lies within a highway maintainable at the public expense. The surface of such highway vests in the highway authority. It appears that, at least where the Property is unregistered title to the surface cannot be acquired by adverse possession. Land Registry will notify the relevant highway authority if there is an evident possibility of highway maintainable at the public expense falling within the first registration application. It is of course advisable that Conveyancing Solicitors and Property Lawyers make enquiries of the highway authority before submitting an application for registration if it appears that the Property may include highway.
. . . continued on page 19 (Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 19)
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
Or you can use the ENQUIRY FORM (click here).
(you may need to press control 'Ctrl' button on your keyboard when clicking on the enquiry form link if you have a pop up blocker active)
Manchester
City Centre Serviced Office - Conference rooms are also
available by prior appointment at:
Manchester
Conveyancing Solicitors | Ford
Banks Irwin Solicitors
Pall Mall Court
King Street
Manchester
M2 4PD
Tel: 0161 866 8574
Please telephone 0161 866 8999 for a free quote.
Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 1 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 2 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 3 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 4 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 5 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 6 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 7 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 8 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 9 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 10 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 11 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 12 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 13 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 14 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 15 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 16 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 17 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 18 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 19 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 20 | Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 21 |