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Manchester Conveyancing Solicitors Property Lawyers | Ford Banks Irwin Solicitors in Manchester on Fees for Selling / Buying a House / Flat / Apartment. 

 
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
   
   
Solicitors Fees for Buying / Selling a House / Apartment / Flat
 
Buying a House / Flat off Plan from Property Developers / Estate Agents - New Builds

Part 8 - Restrictions 

91. Standard form of restriction:

(1) The forms of restrictions set out in Schedule 4 (varied, where appropriate, as permitted by rule 91A) are standard forms of restriction prescribed under section 43(2)(d) of the Act.

(2) The word 'conveyancer', where it appears in any of the standard forms of restriction, has the same meaning as in these rules.

(3) The word 'registered', where it appears in any of the standard forms of restriction in relation to a disposition, means completion of the registration of that disposition by meeting the relevant registration requirements under section 27 of the Act.


91A  Completion of standard forms of restriction:

(1) Subject to paragraphs (2) and (3), if a standard form of restriction is to affect part only of the registered estate, then, where it refers to a disposition, or to a disposition of a specified type, to which it applies, that reference may be followed by the words 'of the part of the registered estate' together with a sufficient description, by reference to a plan or otherwise, to identify clearly the part so affected.

(2) The words incorporated [under] paragraph (1) shall be in place of the words 'of the registered estate' where those latter words appear in a standard form of restriction and are referring to a disposition, or to a disposition of a specified type, to which the restriction applies.

(3) The registrar may alter the words of any restriction affecting part of the registered estate that he intends to enter in the register so that such part is described by reference to the relevant title plan or in another appropriate way.

(4) A restriction in form L, N, S, T, II, NN or OO may commence with-
(a) the words 'Until the death of (name)'
(b) the words 'Until the death of the survivor of [names of two or more persons' or
(c) the words 'Until' followed by a calender date.

(5) A restriction in form M, O, P, or PP may commence with the word 'Until' followed by a calender date.

(6) Where a restriction in form J, K, Q, S, T, BB, DD, FF, HH, JJ, LL, or OO relates to a registered charge, which is one of two or more registered charges bearing the same date and affecting the same registered estate, the words 'in favour of' followed by the name of the registered proprietor of the charge must be inserted in the restriction after the date of the charge.

(7) Where in a standard form of restriction the word 'they' or 'their' refers to a person named in a restriction, it may be replaced as appropriate by the word 'he', 'she', 'it', 'his', 'her, or 'its.

(8) Where in a standard form of restriction permits a type of disposition to be specified in place of the word 'disposition', the types of disposition that may be specified are 'transfer', 'lease', 'charge' or 'sub-charge' or any appropriate combination of those types.


91B - Where a certificate or consent under a restriction is given by a corporation.

(1) Subject to paragraphs (2), (3) and (4), where a certificate or written consent required by the terms of a restriction is given by a corporation aggregate, it must be signed on its behalf by -
(a) its clerk, secretary or other permanent officer,
(b) a member of its board of directors, council or other governing body,
(c) its conveyancer, or
(d) its duly authorised employee or agent.

(2) This rule does not apply where the certificate or written consent is given in a deed executed by the company or in a document to which section 91 of the Act applies.

(3) Paragraph (1) does not apply if a contrary intention appears in the restriction, except where paragraph (4) applies.

(4) Where a restriction requires a certificate or consent to be signed on behalf of a corporation aggregate by its secretary (whether or not it also permits signature by its conveyancer), and the corporation has no secretary, the certificate or consent must be signed on its behalf by a person specified in paragraph (1).

(5) A document signed on behalf of a corporation in accordance with this rule must state the full name of the signatory and the capacity in which the signatory signs.  

 

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

. . . continued on page 2 (Manchester Conveyancing Solicitors Property Lawyers on Fees for Buying / Selling a House / Apartment / Flat 2)

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

                       
    

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Ford Banks Irwin Solicitors
50 Stothard Road
Stretford
Manchester
M32 9HB


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