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 4 . . .
First Registration of title where Property Deeds have been lost or destroyed
Register Entries in Property Deeds
Undisclosed restrictive covenants
Land Registry will make this entry because the person entitled to the benefit of the covenants may still be able to enforce them. If this occurred or the register was rectified at a later date to include the covenants, the registered proprietor would prima facie have a claim for indemnity. On the other hand, the person entitled to the benefit of the covenants may have a claim for indemnity if Land Registry refuse to rectify the Property deeds.
If Conveyancing Solicitors and Property Lawyers have been able to fully reconstruct the title and provide acceptable copies of all the Property deeds, Land Registry will examine the title in the normal way and make any appropriate entries for restrictive covenants. In these cases Land Registry will not make a protective entry unless there is some other reason to do so, such as where the root of title is a Mortgage or a specific device which is unlikely to refer to restrictive covenants.
Unverified copies of restrictive covenants
Conveyancing Solicitors and Property Lawyers may only be able to produce unverified copies of restrictive covenants. Under the provisions of paragraph 1 of schedule 8 Land Registration Act 2002 anyone who suffers loss as a result of a rectification of the register (Property deeds) or a mistake the correction of which would involve rectification of the register, can claim indemnity. If Land Registry have to rectify the Property deeds because the particulars of restrictive covenants that they have included in the Property deeds are incorrect or incomplete it could lead to such a claim.
Land Registry frequently receives applications for first registration containing unexamined particulars of restrictive covenants. If these covenants are included in the Property deeds Land Registry are in effect guaranteeing their accuracy. Land Registry will only do this where the risk of the abstract or copy being defective is so slight that it can safely be treated as sound evidence of the terms of the deed.
Land Registry will treat each case on its merits. However in general:
- printed abstracts are normally regarded as satisfactory
- a typed abstract may be accepted if it appears to be complete and carefully prepared, particularly when the area of Property affected by the covenants is considerable (so that knowledge of the covenants is widespread).
Land Registry will also consider the following:
- where the covenants are set out in a copy of a later deed, whether or not that copy is marked as examined
- the nature of the covenants themselves
- the value and situation of the Property
In the case of old Middlesex or Yorkshire deeds, it may be possible to obtain corroborative evidence from the records of the old deeds registries.
If Land Registry are unable to guarantee the accuracy of unverified particulars of restrictive covenants, Land Registry will make an entry to the effect that the relevant deed contained restrictive covenants but neither the original instrument nor a certified copy or an examined abstract thereof was produced on first registration.
However, Land Registry have agreed with the Law Society to make a non-guaranteed entry in the following form when a Solicitor specifically requests it:
"A [Conveyance] of the Property in this title [and other Land] dated ... made between ... contains restrictive covenants but no verified particulars of them were produced on first registration. The details set out in the schedule of restrictive covenants hereto of what purport to be the said covenants were provided by ... acting for a Seller in [state year]"
The agreement with the Law Society only covers applications lodged by Solicitors. If Conveyancing Solicitors and Property Lawyers want Land Registry to make this entry they should say to in a covering letter.
Undisclosed Rentcharges
Land Registry may make a protective entry on the Property deeds when the Property falls within an area where rentcharges are common. The entry will be made in similar circumstances to that for the protective entry in respect of restrictive covenants mentioned in section: Undisclosed restrictive covenants.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 6 (Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 6)
Please telephone Paul on 0161 866 8999 if you require any further information.
Ford Banks Irwin Solicitors
50 Stothard Road
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Manchester
M32 9HB
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