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 8

Private Trusts of Land / Property

How to apply for restrictions:

Who can apply for a restriction:

Property Lawyers and Conveyancing Solicitors can apply for a restriction if instructed by:-
- the registered proprietor;
- a person entitled to be registered as proprietor;
- a person with the consent of the registered proprietor or a person entitled to be registered as proprietor, or
- a person with sufficient interest in the making of the entry of the restriction.

If the Property Lawyers and Conveyancing Solicitors apply with consent, then they must either:
- arrange for the person(s) consenting to complete panel 11 of form RX1;
- lodge the consent with the application, or
- certify that they hold the consent.

If the Property Lawyers and Conveyancing Solicitors apply as, or with the consent of, a person entitled to be registered as proprietor, rather than someone who is already registered, then they must either:
- lodge evidence of that person's entitlement;
- certify that they are satisfied that that person is entitled to be registered as proprietor, and that they hold the original documents to prove it, or
- certify that they are satisfied that that person is entitled to be registered as proprietor, and that an application to do so is pending at Land Registry.

In practice many such applications will accompany an application to register the person concerned as proprietor, and these requirements will automatically be fulfilled.

If the Property Lawyers and Conveyancing Solicitors apply on the basis that they have a client with a sufficient interest in the making of the entry, then you must satisfy the Registrar that this is the case. Full details of the interest should be disclosed. Land Registry may require additional evidence of the entitlement to be lodged.

If the Property Lawyers and Conveyancing Solicitors apply on the basis that a client has sufficient interest in the making of the entry, and do not have the consent of the registered proprietors, then the restriction will be a notifiable one, and Land Registry will not be able to complete the application until they have served notice on the registered proprietors. The notice will give the proprietors 15 business days to object.

Summary:

In practice, most applications will fall within one of three categories:

- Applications by trustees for a standard form restriction accompanying a transfer to the trustees. The application can be made either in the additional provisions panel of the transfer, or in form RX1. No additional evidence will be needed.

- Applications in form RX1 by trustees who are, or are applying to become, the registered proprietors. No additional consents or evidence of entitlement will be needed.

- Applications by beneficiaries for standard form restrictions in one of the cases specified in rule 93 Land Registration Rules 2003. Normally, no additional evidence will be required, but the restriction will be a notifiable one, and notice of the application will be served on the registered proprietors, unless they have consented to it.

Applications to register trustees:

Maximum number of trustees:
A private trust of Land / Property cannot have more than four trustees. If an attempt is made to vest the legal estate in more than four person, it will vest in the first four named who are willing and able to act. (Section 34 Trustee Act). Therefore, a transfer or other disposition in favour of trustees of a private trust should be to no more than four persons. If it is to more than four the Conveyancing Solicitors and Property Lawyers must confirm, when applying to register it, that the first four named are able and willing to act.

Execution of the disposition by the trustees:
Land Register will not normally return a deed of execution by the disponees.

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

. . continued on page 10 (Property Lawyers and Conveyancing Solicitors in Manchester - Transfer, Equity and Trusts of Land page 10)

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