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 1
What is meant by a registered proprietor in possession:
Section 131 Land Registration Act 2002 makes it clear that this means physical possession, and that it extends to a person (other than a squatter) who is entitled to be registered as proprietor.
However, there are four types of relationship where slightly different rules apply and the possession of another person is attributed to the registered proprietor. This will be the case where:
- the registered proprietor is a Landlord and the person in possession is the Tenant;
- the registered proprietor is a Mortgagor and the person in possession is the Mortgagee;
- the registered proprietor is a Licensor and the person in possession is the Licensee;
- the registered proprietor is a trustee and the person in possession is the beneficiary.
In these cases, the Tenant, Mortgagee, Licensee and the beneficiary do not have to be in physical possession themselves. It will be sufficient if they are treated as being in possession, e.g. if a Tenant has sublet.
Compensation:
Mistakes on the register (Property Title Deeds) can result in losses to those affected by them. The statutory compensation scheme covers anyone who suffers loss as a result of:
- the rectification of the register;
- a mistake on the register that could have been rectified but was not;
- a mistake on the register before it was rectified
None of these categories require the person concerned to establish that Land Registry (or anyone else) was responsible for the mistake.
This compensation is referred to in the legislation and throughout this guide as 'indemnity'.
Applying for rectification:
The Application:
If it is unclear whether there is a mistake on the register (Property Title Deeds), the Property Lawyers and Conveyancing Solicitors should contact the Land Registry who will look into the matter. (Not everyone has the right to challenge a possible mistake on the register). Land Registry will discuss the matter with the Property Lawyers and Conveyancing Solicitors if they think they have found a mistake.
The Property Lawyers and Conveyancing Solicitors will need to make a formal application as Land Registry do not have the power to correct a mistake without following the prescribed procedures. This means that an application may be challenged, in which case the challenge must be dealt with before Land Registry can rectify the register (Property Title Deeds).
If the Property Lawyers and Conveyancing Solicitors know that there is a mistake on the register (Property Title Deeds) and want to make an application for the mistake to be corrected, they must complete form AP1 (rule 13 Land Registration Rules 2003). Send this form to the proper Land Registry office with full details of the mistake and the correction they wish the Registrar to make and why. Land Registry may ask the Property Lawyers and Conveyancing Solicitors for additional information if they consider this to be appropriate.
A list of proper Land Registry offices serving local authority areas in England and Wales is published and available from the Land Registry website.
Under the current Land Registration Fee Order, a fee is payable for any application to alter the register (Property Title Deeds) based on the value of the Property. In many cases (for example if the error has been caused by Land Registry) the fee will be refunded. In view of this, in appropriate cases Land Registry will not insist on an initial fee.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
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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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M2 4PD
Tel: 0161 866 8574
What our
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"Again, many thanks for your help. I would recommend your
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J. Kang (Manchester Business School)
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