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 2
Notices:
Land Registry will always given notice of an application to rectify the register (Property Title Deeds) to:
- the registered proprietor of any Land or registered charge (Mortgage) affected by the proposed correction;
- anyone who appears to be entitled to an interest protected by a notice, provided Land Registry receive details of their name and address for service
The Land Registry are entitled to make whatever enquiries they consider to be appropriate, that may reveal other parties who could be affected by the proposed correction. In these cases, Land Registry will usually give them notice of the application as well.
Any Property Lawyers and Conveyancing Solicitors who receive a notice will be given, under rule 197(2) Land Registration Rules 2003 at least 15 business days in which to respond.
Objections and disputes:
If anyone objects to the proposed correction then, unless the objection is groundless, the Registrar cannot complete the application to rectify the register (Property Title Deeds) until the objection has been disposed of. The Property Lawyers and Conveyancing Solicitors for the applicant will be notified of the objection. If the applicant wishes to proceed with the application, Land Registry will then ask all the parties whether they wish to negotiate and whether they consider that it may be possible to settle the matter by agreement. If so, the parties will be allowed a period of time to see if they can reach an agreement. However, as soon as it becomes clear that they are unable to do so, Land Registry must refer the matter to the adjudicator. Land Registry will do this immediately if the parties do not want to negotiate.
Rectification and fraud:
The procedure for correcting a mistake that is due to fraud is the same as with any other mistake. However, there will be further points to consider in these cases.
Forgeries:
Proof: The Property Lawyers and Conveyancing Solicitors for the applicant will also have to prove that the document in question was forged. As a result, they will have to consider very carefully what proof of the forgery may be available and what proof they can obtain. In many cases a report from a handwriting expert will be required. If Land Registry are holding the original document, then it may be released for a report to be prepared. Under rule 205 Land Registration Rules 2003, the Registrar may release any original document upon whatever terms considered appropriate. However, Land Registry is not obliged to keep original documents and in many cases these will be destroyed and electronic copies retained instead.
As well as applying to Land Registry for rectification of the register (Property Title Deeds), the Property Lawyers and Conveyancing Solicitors should also report the alleged forgery to the Police. Full details including the crime reference number and contact details of the officer in charge, should be supplied to Land Registry as they may want to liaise with the Police.
Uncontested cases: Even in cases where the forgery is admitted, Land Registry will still want to see some evidence, such as the report of a handwriting expert. The Registrar will need to be satisfied that the register (Property Title Deeds) should be rectified, not lease because such applications for rectification are invariably followed by a claim for indemnity.
Suspected fraud or forgery:
If someone suspects that a fraud has taken place or is about to take place in relation to their Property, they should contact the Land Registry immediately. In many cases, Land Registry will be able, on application, to enter a standard form restriction LL on the register (Property Title Deeds), that requires a certificate to be given by Property Lawyers and Conveyancing Solicitors that they are satisfied that the person who executed a document lodged for registration as disponer is the same person as the proprietor.
(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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