Property Lawyers and Conveyancing Solicitors in Manchester at Ford Banks Irwin Solicitors - Title Guarantee for Land / Properties
Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLY.
. . . continued from page 4
Restrictions on the Indemnity:
Mines and Minerals:
The Land Registry notes state it is only possible for Property Lawyers and Conveyancing Solicitors to claim indemnity in respect of mines and minerals if there is a note on the register (Property Title Deeds) confirming that they are included in the title (paragraph 2 of schedule 8, Land Registration Act 2002). Such notes will not automatically be made when Land / Property is registered that may include mines and minerals. A specific application must be made under rule 71 Land Registration Rules 2003. We do not comment on the likelihood or otherwise of same.
Lapse of time:
The Land Registry notes state the Property Lawyers and Conveyancing Solicitors for the claimant will lose the right to apply to the Court for indemnity after six years. The Court may take a different view, although we do not comment on this point without a full review of the up to date case law and full particulars of all the facts.
Fraud:
The Land Registry notes state if any part of the claimant's loss has been caused by their own fraud, then they lose the right to indemnity (paragraph 5(1)(a) of schedule 8, Land Registration Act 2002. In certain circumstances, this may extend to a loss that has been caused by the fraud of the claimant's predecessors in title (paragraph 5(3) schedule 8, Land Registration Rules 2002.
Lack of proper care:
The Land Registry notes state a claimant also loses the right to claim indemnity if their own lack of proper care caused the loss (paragraph 5(1)(b) of schedule 8 Land Registration Act 2002. As with fraud, in certain circumstances this may extend to a loss caused by lack of proper care on the part of the claimant's predecessors in title (paragraph 5(3) of schedule 8 Land Registration Act 2002).
Contributory negligence:
There may be circumstances where the claimant has partly contributed to the loss they have suffered by their lack of proper care. In these cases any indemnity payable may be reduced. Any reduction should reflect the claimant's share in the responsibility for the loss (paragraph 5(2) of schedule 8 Land Registration Act 2002). This will, therefore, mean making an assessment of the extent to which the claimant and / or other, including Land Registry, were responsible for the loss.
Maladministration:
This is not covered by the statutory scheme and is discussed in the section - Maladministration.
Assessing Indemnity:
Types of loss:
Costs and expenses incurred by Property Lawyers and Conveyancing Solicitors for the claimant as a result of a mistake or rectification are covered in section - costs and other expenses as there are specific rules relating to the recovery of these items.
This section covers all other financial losses. It is not possible to list or categorise them as any loss may be the subject of indemnity, provided it has been caused by the mistake or the rectification. This is essentially a legal question. It is for the Property Lawyers and Conveyancing Solicitors for the claimant and Land Registry to try to negotiate an agreement.
Some examples would include:
- the value of an area of Land removed from a title;
- the reduction in the value of a property because, following rectification, it is subject to a right of way that did not affect it beforehand;
- the amount a mortgagee is unable to recover after their charge (Mortgage) has been removed from the register (Property Title Deeds) because it turns out to be a forgery.
In many cases, a valuation of the Land will be necessary in order to quantify the loss.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . continued on page 6 (Property Lawyers and Conveyancing Solicitors in Manchester - Buying a House + Title Guarantee page 6)
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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