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 6 . . .
First Registration of title where Property Deeds have been lost or destroyed
Statement of Truth signed by an individual who is unable to read
Where a Statement of Truth is to be signed by an individual who is unable to read, it should:
- be signed in the presence of a Solicitor; and
- contain a certificate made and signed by that Solicitor in the following form
'I [name and address of Solicitor] certify that I have read over the contents of this statement of truth and explained the nature and effect of any documents referred to in it and the consequences of making a false declaration to the person making this statement who signed it or made [his/her] mark in my presence having first (a) appeared to me to understand the statement and (b) approved its content as accurate and (c) appeared to me to understand the declaration of truth and the consequences of making a false declaration'
Statement of truth made by an individual who is unable to sign it
Where a Statement of Truth is to be made by an individual who is unable to sign it, it should:
- state that individual's full name
- be signed by a Solicitor at the direction and on behalf of that individual, and
- contain a certificate made and signed by that Solicitor in the following form:
'I [name and address of Solicitor] certify that [the person making this statement of truth has read it in my presence, approved its content as accurate and directed me to sign it on [his/her] behalf] or [I have read over the contents of this statement of truth and explained the nature and effect of any documents referred to in it and the consequences of making a false declaration to the person making this statement who directed me to sign it on [his/her] behalf having first (a) appeared to me to understand the statement and (b) approved its content as accurate and (c) appeared to me to understand the declaration of truth and the consequences of making a false declaration'.
Signature by a Solicitor
Where a statement of truth is made by Conveyancing Solicitors and Property Lawyers, or where they make and sign a certificate on behalf of someone who has made a statement but is unable to read or sign it the Solicitor should:
- sign in their own name and not that of their firm or employer, and
- state the capacity in which they sign and where appropriate the name of their firm or employer.
Cautions against first registration
The ways to protect interests in estates affecting Property within the unregistered system and the Land Registration system differ. A caution against first registration is used where the interest is in an estate that is unregistered, and the cautioner's interest would entitle them to object to any application for first registration until their claim has been considered.
Where a caution against first registration protects an interest in an unregistered estate affecting Property, and Land Registry then receives an application for substantive first registration of that estate, that is the subject of the caution, Land Registry will serve notice of the application on the cautioner.
Each caution title has its own caution title number and individual caution register.
With some exceptions, each caution title will also have a caution plan. The exceptions are for some (but not all) cautions relating to profits a prendre in gross and for franchises.
Each caution register consists of:
- the caution property register
- the caution's register.
The caution property register contains:
- a description of the estate to which the caution relates
- a description of the Property affected
- a statement of the cautioner's claim taken from either a statutory declaration or a conveyancer's certificate
- a description of any Property removed from the caution extent
- where the caution relates to a claim by the Crown to ownership of demesne Land, an entry as to the effect of section 15(3) Land Registration Act 2002 as affected by paragraph 15 of schedule 12 LRA 2002
- i appropriate, an entry stating that the caution was originally lodged under section 53 Land Registration Act 1925.
The cautioner's register contains:
- the name of the cautioner together with address(es) for service of notice
- the names of any persons who have consented to the lodging of the caution under rule 47 Land Registration Rules 2003.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 8 (Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 8)
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
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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