Site menu:

What we do


Commercial Property


Leases


Assignment of Leases


Under Leases


Acquisition and Sale of Businesses


Commercial Agreements


Commercial Property Auctions


Commercial Property Developments


Property Portfolios


Residential Property


Conveyancing: House Sale and Purchase


Residential Property Auctions


Buying off Plan


New Builds


Transfer of Equity


Remortgages


Public Sector Housing


Real Estate Management


Home Information Packs


Energy Performance Certificates


Litigation Services


Dispute Resolution


Debt Recovery


Personal Injury


Compensation Events


Panel Solicitors for all major Mortgage Lenders:
RBS
Halifax
Nationwide
Alliance and Leicester
Abbey National
Natwest Bank
Barclays



Conveyancing Services

Buying a house

Selling a house

Buying a flat

Detached Houses

Semi Detached

Apartments

Bungalows

Freehold or Leasehold Conveyancing



Please telephone 0161 866 8999 for additional information
  •  

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.

Abbreviations and terms used:

In this guide:
'business day' means a day on which Land Registry is open to the public;
'Property Lawyers and Conveyancing Solicitors' means a Solicitor, a Licensed Conveyancer within the meaning of s.11(2) Administration of Justice Act 1985, a Fellow of the Institute of Legal Executives, a Barrister, a duly certified notary public, or a registered European Lawyer (as defined) (r217(1) Land Registration Rules 2003).  Where appropriate they include in-house Conveyancers as well as those in private practice.
'LRA 1925' means the Land Registration Act 1925;
'LRR 1925' means the Land Registration Rules 1925;
'LRA 2002' means the Land Registration Act 2002;
'LRR 2003' means the Land Registration Rules 2003;
'standard form restriction' means one of those restrictions prescribed in schedule 4 Land Registration Rules 2003;
'the adjudicator rules' means the Adjudicator to HM Land Registry (Practice and Procedure) Rules 2003;
'the referral to the  to the adjudicator rules' means the Land Registration (Referral to the Adjudicator to HM Land Registry) Rules 2003.


The Statutory Scheme:

The Land Registration Act 2002 lays down the circumstances in which a mistake in the register can be put right, and when it can't. This is coupled with a scheme to compensate those who suffer loss because of a mistake on the register (Property Title Deeds), whether or not it is corrected.


When can a register be altered ?

The circumstances in which a register (Property Title Deeds) can be altered are set out in schedule 4 Land Registration Act 2002. Alterations can be ordered by the Court or effected by the Registrar to:
- correct a mistake;
- bring the register up to date
- give effect to any estate, legal right or interest that is not affected by registration (because the Land has been registered good leasehold, possessory or qualified title)
- remove a superfluous entry (only the Registrar, not the Court has this power)

If the Court makes such an Order, it should be served by Property Lawyers and Conveyancing Solicitors on the Registrar by making an application under rule 127 Land Registration Rules 2003 in form AP1. Land Registry must give effect to it.

This guide will consider a particular type of alteration, which is classified as 'rectification'.

The Registrar is obliged to rectify the register (Property Title Deeds) unless there are exceptional circumstances that justify not doing so. This does not mean the Registrar can override an objection to a proposed rectification.

Likewise the Court must make an Order for rectification if it has power to do so, unless there are exceptional circumstances that justify its not doing so.


What is rectification?

This is the correction of a mistake that prejudicially affects the title of a registered proprietor.

For example, the correction may adversely affect the value of the Land or the value of a charge over the Land. Generally, the removal of any Land from a title will be regarded as prejudicial.

An alteration that reflects an overriding interest will not amount to rectification. This is because these interests, that are set out in schedules 1 and 3 Land Registration Act 2002, are binding on a registered proprietor even though they are not mentioned on the register (Property Title Deeds). A title will not, therefore, be adversely affected if details of an overriding interest are added to the register (Property Title Deeds).


Limitations on the power to rectify:

If the registered proprietor is in possession of the Land / Property in question the register (Property Title Deeds) can only be rectified if they agree.

This restriction does not apply if either:
- the registered proprietor has caused or substantially contributed to the mistake because they have either been fraudulent or not exercised sufficient care, or
- it would be unjust not to correct the mistake.

  
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . continued on page 2 (Property Lawyers and Conveyancing Solicitors in Manchester - Buying a House + Title Guarantee page 2)

Please telephone Paul on 0161 866 8999 if you require any further information.

                       
    

Contact Us

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

Or you can use the ENQUIRY FORM (click here).

(you may need to press control 'Ctrl' button on your keyboard when clicking on the enquiry form link if you have a pop up blocker active)

Manchester City Centre Serviced Office - Conference rooms are also available by prior appointment at:
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. 


Property Lawyers and Conveyancing Solicitors in Manchester - Buying a House + Title Guarantee | Property Lawyers and Conveyancing Solicitors in Manchester - Buying a House + Title Guarantee 2Property Lawyers and Conveyancing Solicitors in Manchester - Buying a House + Title Guarantee 3 |  Property Lawyers and Conveyancing Solicitors in Manchester - Buying a House + Title Guarantee 4 | Property Lawyers and Conveyancing Solicitors in Manchester - Buying a House + Title Guarantee 5 | Property Lawyers and Conveyancing Solicitors in Manchester - Buying a House + Title Guarantee 6 | Property Lawyers and Conveyancing Solicitors in Manchester - Buying a House + Title Guarantee 7 | Property Lawyers and Conveyancing Solicitors in Manchester - Buying a House + Title Guarantee 8Property Lawyers and Conveyancing Solicitors in Manchester - Buying a House + Title Guarantee 9 |