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 3
Applications for Indemnity:
A right to claim indemnity will arise if:
- there is a mistake on the register (Property Title Deeds), and
- the correction of that mistake would prejudicially affect the title of the registered proprietor of the Land / Property in question or a charge (Mortgage) over that Land, or has already done so.
In most cases, the Property Lawyers and Conveyancing Solicitors for the Claimant will either have made an application for rectification or will be one of the parties who was notified of an application.
Indemnity may be payable when:
- the correction of a mistake has caused loss. If a mistake on the register (Property Title Deeds) has been corrected and the correction has adversely the title in question, then anyone who suffers loss as a result of that correction will be entitled to claim indemnity
- a mistake caused loss before it was corrected. If a mistake on the register has been corrected and the correction has adversely affected the title in question, then anyone who suffers loss as a result of the mistake before the register was rectified will be entitled to claim indemnity;
- a mistake that is not corrected has caused loss. If the existence of a mistake has been established but it has not been corrected, then, if the correction would have adversely affected the title in question, anyone who suffers loss as a result of that mistake will be entitled to claim indemnity.
Mistakes are not always corrected. Rectification will not be appropriate when:
- the registered proprietor is in possession and neither of the exceptions mentioned in the section - Limitations on the power to rectify are applicable;
- there are exceptional circumstances that justify not rectifying the register.
Other circumstances:
Property Lawyers and Conveyancing Solicitors may also claim indemnity for any losses that are the result of:
- a mistake in an official search result or an official copy issued by Land Registry;
- a mistake in a copy of a document referred to on the register, where the copy document is held by Land Registry;
- the loss or destruction of a document that has been lodged at Land Registry for inspection or safe keeping;
- a mistake in the cautions register;
- Land Registry failing to notify a chargee (Mortgage Lender) under section 106 Land Registration Rules 2003 when certain statutory charges are entered on the register (Property Title Deeds).
The Procedure:
Property Lawyers and Conveyancing Solicitors for the claimant may instigate the process by letter and, where the indemnity arises out of a mistake, should be accompanied by the following information and evidence:
- details of the mistake and any correction of that mistake;
- what loss has been suffered;
- an explanation of why the loss is the result of the mistake or the correction;
- details of the amount claimed, if possible, and how this has been calculated;
- if the loss includes fees and / or other bills and expenses, evidence that these sums have been paid, for example receipted invoices or tickets.
A claim can be made before all the evidence is available, but Land Registry will need to see sufficient evidence before a claim can be agreed.
The right to apply to Court for Indemnity:
The majority of applications for indemnity are settled by agreement between the Property Lawyers and Conveyancing Solicitors for the claimant and the Land Registry.
However, Property Lawyers and Conveyancing Solicitors for a claimant can ask the Court to decide whether or not they are entitled to indemnity and, if so, how much. This right is set out in paragraph 7 of Schedule 8 Land Registration Act 2002.
The Land Registry guidance notes state Property Lawyers and Conveyancing Solicitors for the claimant have six years from the date they become aware of their claim, or should have become aware of their claim (paragraph 8 of Schedule 8 Land Registration Act 2002) in which to make an application to the Court. After this period the claimant will probably lose the right to ask the Court to decide whether they are entitle to indemnity and if so, how much. The Court will decide how to interpret this paragraph. 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.
An application may be made to either the County Court or the High Court as appropriate under the Civil Procedure Rules.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . continued on page 5 (Property Lawyers and Conveyancing Solicitors in Manchester - Buying a House + Title Guarantee page 5)
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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Manchester
M2 4PD
Tel: 0161 866 8574
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