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
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Leasehold matters
Encroachment from Leasehold Property
Encroachment from Leasehold Property by a Tenant squatting on an unregistered freehold estate and seeking first registration of a leasehold title:
Where the applicant accepts that the presumption applies, Conveyancing Solicitors and Property Lawyers should make the application on form FR1, completing panel 4 as to the appropriate leasehold class of title. It is necessary that there is more than seven years of the squatter's documentary Lease term still to run.
Any notice which Land Registry serve will make clear that the applicant is seeking to register title to the Property on the basis that, having encroached for the relevant period under the Limitation Act 1980, the Property is now included in the holding comprised in the Lease, and will give details of that Lease.
If the application is completed, Land Registry will enter a note in the Property register to the effect that, although not originally within the extent demised by the Lease, the Property encroached on is now held for the term of, and as an accretion to, that Lease.
Encroachment from Leasehold Property by a tenant squatting on an unregistered freehold estate and seeking first registration of a freehold title:
Where the the applicant claims that the presumption that the Property forms an accretion to the Lease does not apply, Conveyancing Solicitors and Property Lawyers should make the application on form FR1, completing panel 4 as to the appropriate freehold class of title. Conveyancing Solicitors and Property Lawyers should include all available evidence of the squatting tenant's Leasehold title (if this is unregistered) in addition to the supporting evidence referred to in section: Supporting Evidence.
If evidence of rebuttal of the presumption is produced and the application proceeds, Land Registry will serve notice of the application on the Landlord of the squatting tenant. The notice will refer to the presumption. If the Landlord of the squatting tenant cannot be identified, Land Registry will only be able to consider registering with a qualified title. The qualification will be on the lines that the enforcement of any estate, right or interest adverse to, or in derogation of, the title of the proprietor's title subsisting at the time of registration or then capable of arising is excepted from the effect of registration.
Encroachment from Leasehold Property by a tenant squatting on registered Property which was registered on 13 October 2003, there having been 12 years adverse possession by that date, the tenant accepting that the presumption applies that the encroachment amounts to an accretion to their Lease:
Where the presumption that the encroachment amounts to an accretion to the lease applies, the tenant squatter cannot be the beneficiary under a trust under section 75(1) Land Registration Act 1925 and therefore cannot apply for registration under paragraph 18 of schedule 12 LRA 2002. However, Conveyancing Solicitors and Property Lawyers can apply on form FR1 for first registration of the leasehold title they had acquired by 13 October 2003. This is provided that there is more than seven years of the squatter's documentary Lease term still to run. It is also provided that the title has not been subsequently lost through registration of a registrable disposition of the registered estate for valuable consideration at a time when the leasehold estate was not an overriding interest.
Any notice which Land Registry may serve will make clear that the applicant is seeking to register title to the Property on the basis that, having encroached for the relevant period under the Limitation Act 1980, the Property is now included in the holding comprised in the Lease, and will give details of the Lease. It will also make it clear that a notice in respect of the squatting tenant's leasehold interest will be entered in the existing registered title.
If the application is completed, Land Registry will enter a note in the Property register to the effect that, although not originally within the extent demised by the Lease, the Property encroached on is now held for the term of, and as an accretion to, that Lease. Where the encroachment has been onto another tenant's Property and the squatter's documentary Lease is for a longer term than the term granted to this other tenant, the note will also make it clear that the Property is held as an accretion to the squatter's documentary Lease, but only for the term of years demised by the Lease to the other tenant on whose Property the squatter has been squatting.
Encroachment from leasehold Property by a tenant squatting on registered Property which was registered on 13 October 2003, there having been 12 years adverse possession by that date, the tenant not accepting that the presumption applies that the encroachment amounts to an accretion to their Lease:
Where the applicant claims that the presumption that the Property forms an accretion to the Lease does not apply, and Conveyancing Solicitors and Property Lawyers wish to apply for registration under paragraph 18 of schedule 12 LRA 2002, they should make the application on form AP1. Conveyancing Solicitors and Property Lawyers should include all available evidence of the squatting tenant's leasehold title (if this is unregistered) in addition to the supporting evidence referred to in section: supporting evidence.
If evidence of the rebuttal of the presumption is produced and the application proceeds, Land Registry will usually serve notice of the application on the Landlord of the squatting tenant as well as on the registered proprietor of the title affected by the application. Any notice to the Landlord will refer to the presumption that operates where a squatter is a tenant and will provide details as to why the tenant considers the presumption does not apply.
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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