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.
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Rights of recourse:
In some cases, indemnity is claimed by Property Lawyers and Conveyancing Solicitors for a claimant who has other possible avenues of recovery. For example, a purchaser may have a contractual right to damages from their seller for a breach of contract. In such cases Property Lawyers and Conveyancing Solicitors for a claimant will not be required to embark upon litigation against a third party in order to mitigate their loss. Usually, the Land Registry will accept that the claimant is entitled to the indemnity and that it is for Land Registry to pursue the claimant's rights under paragraph 10 of Schedule 8 Land Registration Act 2002.
The situation will be different if the Property Lawyers and Conveyancing Solicitors for the claimant recover damages from a third party, that will usually be as a result of Court proceedings. The amount received will reduce the loss suffered by the claimant and therefore the amount payable as indemnity.
Sometimes it may be appropriate for Land Registry to involve all relevant parties in negotiations before any payment of indemnity is made. If a payment is made to a claimant Land Registry may wish to obtain an undertaking to cooperate with Land Registry in enforcing their rights from them first.
Cases may arise where the person against whom rights of recourse are being pursued accepts their liability to reimburse Land Registry, but has insufficient funds to do so. In such cases it may be appropriate for the money to be paid in installments or for any Property that that person owns to be charged in favour of the Registrar to secure the money owned.
Maladministration:
The Independent Complaints Reviewer for Land Registry has described maladministration as a failure to carry out proper procedures or to meet published quality of service standards.
There is no statutory entitlement to compensation for maladministration but Land Registry may make a discretionary payment if a customer has suffered loss and is not entitled to indemnity under the Land Registration Act 2002.
Consolatory payments for distress and inconvenience are only made in exceptional circumstances and sums paid are nominal.
The Land Registry are one of the best managed public sector organisations and those employed therein are nearly always helpful and considerate. Please help maintain standards by treating the Land Registry with courtesy and respect.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
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
Or you can use the ENQUIRY FORM (click here).
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Manchester
City Centre Serviced Office - Conference rooms are also
available by prior appointment at:
Ford
Banks Irwin Solicitors | Solicitors in Manchester
Pall Mall Court
King Street
Manchester
M2 4PD
Tel: 0161 866 8574
What our
Clients say about us:
"Again, many thanks for your help. I would recommend your
service to anybody who is about to purchase a property" . . . Professor
J. Kang (Manchester Business School)
"We will be delighted to recommend you and your firm. Your service has been first class, prompt, accurate and exceptional value" . . . Jason Cotterrell (Commercial Director, CBS Outdoor Limited)
". . . extremely thorough, professional and helpful . . . We would not hesitate to recommend you to anyone looking to purchase / sell a property" . . . Dr L. Hampson (St. Marys Hospital, Manchester)
“.
. . a refreshing approach . . . thank you”
“. . . excellent value for money . . .”
Please telephone 0161 866 8999 for a free quote.
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