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 3 . . .
First Registration of title where Property Deeds have been lost or destroyed
When evidence of identity is not required
However, in all cases Land Registry reserves the right to carry out identity checks and additional verification procedures with respect to identity.
Land Registry do not require evidence of the identity of the Receiver or Liquidator of a Company. Conveyancing Solicitors and Property Lawyers should, however, supply the following:-
- Evidence of the appointment of the Receiver or Liquidator;
- Where a Receiver is appointed under a Mortgage or Charge, a certified copy of the Mortgage or Charge
In all other instances Land Registry should have evidence of identity of the applicant for first registration where the title deeds have been lost or destroyed.
Evidence of identity for individual applicants
Where the applicants are private individuals Conveyancing Solicitors and Property Lawyers should supply a completed form ID1 for each applicant.
A Solicitor may certify the applicant's identity. The Solicitor must inspect the appropriate items of documentary evidence of identity as set out in lists A and B in panel B3 of the form. Conveyancing Solicitors and Property Lawyers do not need to send evidence of identity (or copies of the documents they inspect) with the application. However they should complete the certificate in panel B2.
If there are joint individual applicants they should complete forms ID1 appropriately for each applicant.
In all cases Conveyancing Solicitors and Property Lawyers should supply a recent passport sized photograph of each applicant, which should be affixed in panel B4 of form ID1. Conveyancing Solicitors and Property Lawyers should personally certify that it is a true likeness of the applicant. Land Registry will not accept photographs certified in the name of the firm.
Evidence of Identity for Corporate applicants
If the applicant is a Company or some other kind of institution (for example trustees of a charity), Conveyancing Solicitors and Property Lawyers should provide a complete form ID2.
Land Registry will accept a certificate in the form set out in panel B2 of form ID2 together with the photograph in panel B4. Conveyancing Solicitors and Property Lawyers do not need to send any of this evidence (or copies of the documents you inspect) with the application. However, they should complete the certificate of identity in panel B2 of form ID2.
In all cases Conveyancing Solicitors and Property Lawyers should supply a recent passport-sized photograph of the individual who instructed them and affix it in panel B4 of form ID2. A Solicitor must personally certify that it is a true likeness of the applicant.
Production of lost deeds if found
Conveyancing Solicitors and Property Lawyers should enclose with the application an undertaking to send any lost deeds that are subsequently found to Land Registry. If further evidence of title, whether favourable or not to the registered proprietor, comes to light after the application has been completed it should be sent to Land Registry along with a completed form UT1 if upgrading of the title is required.
Register Entries in Property Deeds
In the past Land Registry often made protective register entries in the Property deeds for restrictive covenants and rentcharges that may affect the Property, and they will continue to do so. Land Registry did not make protective entries for easements as they were protected as overriding interests. However, because the provisions in the Land Registration Act 2002 regarding overriding interests are different they have reconsidered the policy and will now make protective entries for easements where it is necessary.
Undisclosed restrictive covenants
If Conveyancing Solicitors and Property Lawyers have been unable to reconstruct the title completely, missing deeds may contain or refer to restrictive covenants, which may not be otherwise apparent from the application. For example, it is particularly difficult to discover the existence of covenants entered into by a Seller such as Brewery covenants. Where the reconstructed title is incomplete Land Registry will make a protective entry in the Charges Register of the Property deeds. The entry will state that the Property is subject to such restrictive covenants as may have been imposed thereon before the date of first registration, so far as such covenants are subsisting and are capable of being enforced.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 5 (Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 5)
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
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Manchester
M2 4PD
Tel: 0161 866 8574
Please telephone 0161 866 8999 for a free quote.
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