Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors

Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester on Transfer, Equity and Trusts of Land

Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLY.

. . . continued from page 7

Private Trusts of Land / Property

Standard Form Restrictions:

What wording should be used for a Form C restriction?

Other restrictions:

Property Lawyers and Conveyancing Solicitors may apply for other restrictions voluntarily, either on behalf of the trustees or on behalf of the beneficiaries. If the beneficiaries apply, Land Registry will serve notice on the registered proprietors, giving them the opportunity to object.

Standard form restrictions that will often be appropriate for trusts are form N (requiring the consent of a named person) and form Q (requiring the consent of the personal representatives of a deceased proprietor.

For the circumstances in which the Registrar will approve a restriction that is not in one of the standard forms, see section: Form of application for restrictions.

Rule 93(b) Land Registration Rules 20003 specifically permits a person who has a sufficient interest in preventing a contravention of section 6(6) of (8) TLATA, to apply for a restriction to prevent such a contravention.

Section 6(6) TLATA forbids the exercise of the trustees powers in contravention of, or of any order made in pursuance of, any other enactment or any rule of law or equity.

Section 6(8) TLATA forbids the exercise of the trustees powers in contravention of any restriction, limitation or condition imposed on their authority to act by any other enactment.

In unregistered conveyancing, a conveyance by trustees of a private trust that contravenes these provisions will nevertheless be valid in favour of a Purchaser who has no actual notice of the contravention. In registered conveyancing, a Purchaser is only concerned to see that any restriction on the register (Property Title Deeds) relating to them is complied with.

There are certain limitations on the powers of trustees of Land imposed by TLATA with which Property Lawyers and Conveyancing Solicitors for a purchaser of unregistered Property will not be concerned. (see section 16(1) and (7) TLATA. the relevant provisions are ss 6(5), 7(3) and 11(1) of that Act). In registered conveyancing, Property Lawyers and Conveyancing Solicitors for a purchaser is only concerned to see that any restriction on the register (Property Title Deeds) relating to them is complied with.

How to apply for restrictions:

Form of application for restrictions:
Property Lawyers and Conveyancing Solicitors will often need to apply for a restriction when a trust is involved. An application for a restriction must normally be made in form RX1. However, Property Lawyers and Conveyancing Solicitors do not need to use form RX1 if the application is either:
- for a standard form restriction and is contained in the 'additional provisions' panel of a transfer or assent form;
- a standard form restriction and is applied for in clause LR13 of a prescribed clauses Lease or any other Lease containing clause LR1 to LR14 of schedule 1A Land Registration Rules 2003 or
- to give effect to an order of the Court made under section 46 Land Registration Act 2002.

There are also exemptions for restrictions contained in certain charges (mortgages).

A standard form restriction is one of the forms lettered A to PP set out in schedule 4 LRR 2003.

An application by Property Lawyers and Conveyancing Solicitors for a non-standard restriction must always be made in form RX1 (unless it is ordered by the Court under section 46 Land Registration Act 2002). The Registrar can only approve an application for a non-standard restriction if it appears that:
- the terms of the restriction are reasonable;
- applying it would be straightforward and would not impose on unreasonable burden on the Registrar.

From 9 January 2006 a Lease containing clauses LR1 to LR14 of schedule 1A LRR 2003 may be used, at clause LR13, to apply for entry of a standard form restriction. This will include prescribed clauses Leases granted on or after 19 June 2006. Form RX1 must continue to be used to apply for entry of a restriction contained in any other Lease or for entry of an non-standard form restriction.

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

. . continued on page 9 (Property Lawyers and Conveyancing Solicitors in Manchester - Transfer, Equity and Trusts of Land page 9)

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

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:
Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors
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.

FORD BANKS IRWIN

Site menu:

Latest News: Solicitors in Altrincham and Lymm - Ford Banks Irwin Solicitors to open a new office in Altrincham and Lymm soon:

Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester on Transfer, Equity and Trusts of Land