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 8 . . .
Registering a caution against First Registration
Where the dealing is the grant of a Lease
Conveyancing Solicitors and Property Lawyers should note that Lessees are not successors in title to their Lessor's reversionary estate, so they cannot apply to register it. If the Lessor is required under section 6(1) Land Registration Act 2002 to apply for first registration of their estate, and the Lease is of a kind that will need to be registered (see section 27(2)(b) LRA 2002), the intending Lessee should insist that the Lessor applies for first registration before the Lease is completed.
Until the Lessor's estate is registered, the Lease cannot be registered. The grant of the Lease is a disposition that does not pass the legal estate until the registration requirements are met. Those requirements cannot be met until the Lessor's title has been registered, so that the Lease can be noted as an incumbrance in its register.
The Lease cannot be registered voluntarily under section 3(2) LRA 2002, because there is no legal estate. If the Lessor does not apply to register their own title within the two months period, the Lessee cannot prevent the Lessor's legal estate, and their becoming void under section 7(1) Land Registration Act 2002.
In these circumstances the Lessee may protect their interest by registering a class C(iv) Land Charge and/or applying for a caution against first registration (section 15(3) LRA 2002 does not prevent this, as the Lessee does not have a legal estate).
Where the dealing is a first Mortgage
The Conveyancing Solicitors and Property Lawyers for the Mortgagee should ensure that the mortgagor applies for registration of the Property in the name of the mortgagor and for their mortgage to be registered as a Mortgage. If necessary, the Mortgagee can instruct Conveyancing Solicitors and Property Lawyers to make an application in the name of the Mortgagor for the estate charged by the mortgage to be registered without the consent of the mortgagor (section 6(6) Land Registration Act 2002 and rule 21 Land Registration Rules 2003). The Mortgagee cannot apply for a caution against first registration.
Where the dealing is a puisne mortgage (second charge) by the Property owner of unregistered Land
The Conveyancing Solicitors and Property Lawyers for the Mortgagee should obtain the necessary priority for their Mortgage by making an official search at the Land Charges Department. If they are not in a position to ensure that an application for first registration of the Property (and its own Mortgagee) is made within the priority period of their search, they should protect their interest by registering a class C(i) Land Charge. The Mortgagee can also register a caution against first registration. Though the caution will not give them any priority against subsequent dealings, it will ensure that they are notified when an application for first registration is made, so that they can then apply to register the Mortgage.
Where the dealing is a transaction other than a Transfer, Lease or Mortgage
Conveyancing Solicitors and Property Lawyers should note that in cases involving the grant of an easement that is affected by rule 38 LRR 2003, Land Registry cannot register it, guarantee the benefit of it or note it (as appropriate) until application for first registration is received. it will then require a separate dealing application and fee (unless covered by an abatement). In the interim, it can be protected by a caution against first registration or, in some cases (eg where there is an equitable easement), by registration of a land charge.
The qualifying estates
The qualifying estates against which a caution against first registration may be registered are:
- an estate in Land
- a rentcharge
- a franchise
- a profit a prendre in gross
These are set out in section 15(2) LRA 2002.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 10 (Manchester Conveyancing Solicitors Property Lawyers for Transfer or Lease of Business Premises 10)
Please telephone Paul on 0161 866 8999 if you require any further information.
Ford Banks Irwin Solicitors
50 Stothard Road
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M32 9HB
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