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 7
Costs and other expenses:
While most claimants will employ Property Lawyers and Conveyancing Solicitors or other legal representative to assist them in dealing with problems arising from a mistake on the register (Property Title Deeds), others prefer to deal with the matter themselves. Provided the claimant has acted reasonably they will usually be able to be indemnified in respect of their out of pocket costs and expenses. Full details will be required by Land Registry, with receipts wherever possible. It is, therefore, advisable to keep a careful record of any expenses that may subsequently form part of a claim for indemnity.
The Land Registry notes state a claimant who has not employed Property Lawyers and Conveyancing Solicitors or other legal representative will not be entitled to any 'costs' in respect of their own time, because these are not 'costs or expenses incurred by the claimant in relation to the matter' (paragraph 3(1) of schedule 8 Land Registration Act 2002). However, they may be able to claim indemnity for any financial loss arising from the use of their own time in dealing with the mistake and/or the claim for indemnity.
The requirement for the Registrar's consent applies to any claim for out of pocket costs and expenses and may apply to a claim for financial loss. Therefore, if a claimant thinks that they will be making a claim, they should approach the Registrar for consent as early as possible.
Value Added Tax (vat)
If the claimant is a registered, fully taxable person, and the costs and expenses that they wish to recover were supplied for the purposes of their business, they will be able to obtain an input credit for the vat element of those costs and expenses. Any indemnity will, therefore, only be payable in respect of the costs incurred exclusive of vat. Therefore when it is possible that the claimant may be registered for vat purposes, Land Registry will usually enquire about he position before any indemnity is agreed.
The services, for vat purposes, will always have been rendered to the claimant. Any invoice or bill that forms part of the indemnity claim must, therefore, be addressed to the claimant, even if Land Registry has agreed to pay it.
Without Prejudice and Full and Final Settlement:
Without Prejudice:
You may find that if Land Registry make you an offer of indemnity or writes to you discussing the basis on which indemnity may be agreed, its letters are headed 'without prejudice''. This means that this correspondence is written with a view to reaching an agreement on the amount of the indemnity payable. If we fail to reach an agreement, the claimant may decide to start Court Proceedings, in which case neither the claimant nor Land Registry will be bound by the views expressed in the without prejudice correspondence. They may, if they wish, take a different line of argument in the Court proceedings and the Judge will not be aware of any earlier proposed compromise. This is subject to any Court decision stating the correspondence is open and may be referred to in the Court Proceedings.
Full and Final Settlement:
As negotiations in respect of indemnity, including any costs and expenses, draw to a close Land Registry will require the Property Lawyers and Conveyancing Solicitors for the claimant to confirm that the agreed sum will be accepted in full and final settlement of the claim.
Rights of recourse:
Under paragraph 10 of schedule 8 Land Registration Act 2002, where indemnity is paid to Property Lawyers and Conveyancing Solicitors for the claimant for a loss the Registrar is entitle to recover the amount paid from any person who has caused or substantially contributed to the loss by their fraud.
The Registrar can also enforce any right of action that a claimant would have been entitled to enforce had the indemnity not been paid or that a person in whose favour the register (Property Title Deeds) has been rectified could have enforced if the register had not been rectified.
There are also specific provisions under the Housing Acts that provide for a right of recourse against a local authority if indemnity is paid where Land has been registered in reliance on the accuracy of a certificate of title and there was an error in that certificate. Similar rights arise in cases where reliance has been placed on a certificate given by a housing action trust.
(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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Manchester
City Centre Serviced Office - Conference rooms are also
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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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