Property Lawyers and Conveyancing Solicitors in Manchester at Ford Banks Irwin Solicitors - Identification requirements for Buying a House
The Land Registry have issued a practice guide for Property Lawyers and Conveyancing Solicitors on the identification required when acting for clients wishing to buy a house or in respect of any other property related transaction involving the Land Registry.
Please note: Not to be used or relied upon without legal advice. These notes are for illustrtive purposes ONLY
When registering transfers, charges (mortgages), Leases, and other dispositions of Land / Property, or giving effect to a discharge or release of a registered charge, Land Registry relies on the steps that Property Lawyers and Conveyancing Solicitors take, where appropriate, to verify the identity of their clients.
Property Lawyers and Conveyancing Solicitors are also required, when lodging certain types of applications, to say who acted for other persons involved in the transaction to be registered. If no Property Lawyers or Conveyancing Solicitors are acting, the applicant's Property Lawyers and Conveyancing Solicitors must either confirm that they are satisfied that sufficient steps have been taken to verify the identity of the unrepresented person, or lodge evidence of their identity. This helps the Land Registry decide what checks, if any, they need to take before completing a registration.
When will Land Registry require confirmation of identity:
Confirmation of identity is always required in the following situations where the true value of the Land / Property is more than £5000
* Transfers (whether or not for value)
* Transfers and deeds relating to the appointment and retirement of trustees
* Leases (whether or not for value)
* Charges which are being registered
* Discharge in paper form DS1
* Release in form DS3
* Surrenders of Leases
* Applications for compulsory first registration where the deed inducing registration is dated on or after 10 November 2008
Confirmation of identity does not have to be produced by Property Lawyers and Conveyancing Solicitors to Land Registry for assents, and for voluntary applications for first registration unless the title deeds have been lost or destroyed. Confirmation of identity is also not required where a Lease or charge (mortgage) is being noted.
Confirmation of identity is required for most applications for first registration where the title deeds have been lost or destroyed.
Land Registry do not routinely require evidence of identity in other situations but may ask for this for specific applications. However, in all cases Land Registry reserve the right to carry out identity checks and additional verification procedures with respect to identity.
Situations where is might not be possible to provide confirmation of identity for an unrepresented person:
Property Lawyers and Conveyancing Solicitors will need to provide confirmation of identity for applications lodged with Land Registry on and after 10 November 2008, even in respect of some disposals completed before this date.
Land Registry accept though that there may be situations where this may not be possible, for example, where the parties have already exchanged contracts and not provided for this requirement, or where a tenant has 'walked away' from their Lease. In such cases Property Lawyers and Conveyancing Solicitors must still use the new versions of the application forms, but enclose a covering letter with the application explaining why you are not able to either confirm that you are satisfied that sufficient steps have been taken to verify the unrepresented person's identity or lodge evidence of their identity.
(All italics in this page are Crown Copyright and reproduced here for your information with permission fro HM Land Registry)
continued on page 2 (Property Lawyers and Conveyancing Solicitors in Manchester - Evidence of Identity 2)
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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Property Lawyers and Conveyancing Solicitors in Manchester - Evidence of Identity 1 | Property Lawyers and Conveyancing Solicitors in Manchester - Evidence of Identity 2 | Property Lawyers and Conveyancing Solicitors in Manchester - Evidence of Identity 3 | Property Lawyers and Conveyancing Solicitors in Manchester - Evidence of Identity 4 | Property Lawyers and Conveyancing Solicitors in Manchester - Evidence of Identity 5 | Property Lawyers and Conveyancing Solicitors in Manchester - Evidence of Identity 6 | Property Lawyers and Conveyancing Solicitors in Manchester - Evidence of Identity 7 | Property Lawyers and Conveyancing Solicitors in Manchester - Evidence of Identity 8 | Property Lawyers and Conveyancing Solicitors in Manchester - Evidence of Identity 9 | Property Lawyers and Conveyancing Solicitors in Manchester - Evidence of Identity 10 |