Property Lawyers and Conveyancing Solicitors in Manchester City Centre for Transfer of Public Sector Housing Estates
Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLY
Transfers of Public Sector Housing Estates
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Statutory Powers and Property Registration:
The initial vendors (such as the local authorities in Manchester, Bury, Trafford, Salford and Stockport) in the transactions covered in this guide are not natural persons. Their powers are conferred by statute and they can only undertake actions in accordance with the Law governing them.
The Land Registry will normally accept all transactions covered in this guide are within the powers of each of the initial vendors (such as the local authorities in Manchester, Bury, Trafford, Salford and Stockport).
Where the Property Title Deeds are registered there may may be a restriction on the Deeds which reflects the limited powers of such a proprietor compared to the unrestricted powers conferred on registered proprietors generally. If there is such a restriction the Property Lawyers and Conveyancing Solicitors must comply with it. On first registration of title to Property acquired from an initial vendor (such as the local authorities in Manchester, Bury, Trafford, Salford and Stockport) evidence of compliance with statutory requirements (usually the consent of the Secretary of State or the National Assembly for Wales) will be required.
Consents are discussed later in this guide under the heading, The Consents from the Secretary of State or National Assembly for Wales and the restrictions which enforce them.
This guide also discusses Purchaser protection provisions and a general outline of the powers of the initial vendors (such as the local authorities in Manchester, Bury, Trafford, Salford and Stockport) to undertake the transactions under the heading, Powers of initial vendors to dispose of Property.
Common Matters:
The Identification of the Property to be transferred and the plans needed:
Some Property Lawyers and Conveyancing Solicitors will have little experience with the transfer of an entire housing estate, or even a part estate, in one transaction, particularly one where there may have been extensive activity by way of sales or leases in recent years. Perhaps the nearest comparison would be the purchase from a residential builder of the half built residue of an estate or development. Where the housing estate is unregistered particular care is needed.
Points to consider:
The boundaries of the estate or development:
The initial vendor's (such as the local authorities in Manchester, Bury, Trafford, Salford and Stockport) register or survey of Land will give considerable help to Property Lawyers and Conveyancing Solicitors if it has been kept up to date. Boundaries shown on old Conveyance plans should be compared with the modern Ordnance Survey map and any discrepancies affecting the Property to be registered should be resolved. Often the surrounding areas will have been registered at Land Registry. Property Lawyers and Conveyancing Solicitors should therefore, make a search of the Index Map to guard against conflicting registrations or unrecorded sales by the Vendor / Seller. Having completed these preliminary matters, the precise extent of the estate / development to be registered should be considered and plans prepared for the application.
Registration of discrete manageable extents / plots:
Property Lawyers and Conveyancing Solicitors will generally find that it is often administratively easier for all concerned if very large estates / developments are sub-divided into manageable areas. Such areas may be determined either by reference to extents / plots contained in earlier conveyances of title or simply by reference to suitable topographic features (for example, road, footpaths, rivers, adjoining estate features). The Land Registry will normally be pleased to advise if required.
Housing Action Trust Disposals / Sales:
Where the disposal / Sale is being made by a housing action trust and some, but not all, of the estate is occupied by secure tenants, it may be appropriate to split such housing from the the other Land. The mandatory restriction can then be confined to the part occupied by secure tenants. The consents from the Secretary of State or National Assembly for Wales and the restrictions which enforce them are noted later in this guide.
Internal Sales:
Local authorities (such as the local authorities in Manchester, Bury, Trafford, Salford and Stockport) have been selling off houses and flats to tenants since at least 1957. During the 1980s very large numbers were sold. Where the sale took place under the right to buy legislation, they had to be registered. Unless the area was one where compulsory registration on sale applied, voluntary sales made under the Housing Act 1957 and what is now Part II of the Housing Act 1985 Act did not have to be registered. Many will have been registered but an official search of the index map which does not reveal a registration cannot be treated as evidence by Property Lawyers and Conveyancing Solicitors that the local authority still owns it.
Internal Leases:
Flats and maisonettes will invariably have been sold on long Lease and so will some houses under the shared ownership provisions of the Housing Act 1985. These will need to be identified and either excluded or included depending on the contract.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
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If you require any further information please telephone 0161 866 8999 and we will be happy to help.
Ford Banks Irwin Solicitors
50 Stothard Road
Manchester
M32 9HB
Tel: 0161 866 8999
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk
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Banks Irwin Solicitors | Solicitors in Manchester
Pall Mall Court
King Street
Manchester
M2 4PD
Tel: 0161 866 8574