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 5 . . .
First Registration of title where Property Deeds have been lost or destroyed
Register Entries in Property Deeds
Easements
If Conveyancing Solicitors and Property Lawyers or the applicants are aware that the Property they are seeking to register is subject to a legal easement that is not mentioned in the title that they have reconstructed, they should disclose it as an overriding interest on an accompanying form DI (rule 28 Land Registration Rules 2003). Land Registry will make an entry for any easements that adversely affect the title that are either:
- revealed in the reconstructed title
- disclosed as overriding interests in the application.
Under the Land Registration Act 2002 not all legal easements will override dispositions of registered Property. For this reason Land Registry need to note easements in the Property deeds wherever possible so that the beneficiary's interest remains protected.
In cases where the title deeds have been lost or destroyed there may be a deed granting easements over the Property that Conveyancing Solicitors and Property Lawyers are unaware of, even where they can reconstruct a complete chain of title. Therefore, where Land Registry feel there is a risk that the Property may be subject to easements that are no apparent from the application, they may make a protective entry. However, this does not remove the responsibility of the Conveyancing Solicitors and Property Lawyers for the applicant to disclose any overriding interests.
Land Registry will enter the benefit of legal easements only if Conveyancing Solicitors and Property Lawyers have shown satisfactory evidence of title to them.
Contact details for former county deeds registries
County of Middlesex
Despite the closing of the Middlesex Deeds Registry, Conveyancing Solicitors and Property Lawyers may inspect the registers of copy memorials 1709 to 1938 with covering indices at the London Metropolitan Archives.
East Riding of Yorkshire
The records of the former East Riding Registry of deeds, including memorials and indices covering the period 1708 to 1974 are now int he custody of the East Riding of Yorkshire Archives Service.
North Riding of Yorkshire
The North Riding Register of Deeds, which contains copies and memorials of deeds made between 1736 and 1970 is now in the custody of the North Yorkshire County Record Office, Northallerton.
West Riding of Yorkshire
The West Riding of Registry of Deeds which contains copies and memorials of deeds made between 1704 and 1970, is now in the custody of West Yorkshire Archive Service, Wakefield.
Statement of Truth
A statement of truth is a method of providing evidence in support of an application. As a result of changes made by the Land Registration (Amendment) Rules 2008, it can be accepted for land registration purposes instead of a statutory declaration.
Its adoption by Land Registry follows the precedent set by the civil Courts in accepting a statement of truth as evidence in place of an affidavit or statutory declaration.
Requirements:
For Land registration purposes, a statement of truth is defined as follows:
- it is made by an individual in writing;
- it must be signed by the person who makes it (unless they cannot sign)
- it need not be sworn or witnessed
- it must contain a declaration of truth in the following form: 'I ... believe that the facts and matters contained in this statement are true'
- if Conveyancing Solicitors and Property Lawyers makes the statement or sign it on someone's behalf, the Solicitor should sign in their own name and state their capacity.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 7 (Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 7)
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
City Centre Serviced Office - Conference rooms are also
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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.
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