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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

. . . continued from page 3

Points to consider:

The existing incumbrances to which the Property is subject:
Where specific unusual rights were granted, they will probably be referred to specifically on the Property Title Deeds.

Beneficial easements will be entered on the Property Title Deeds as appurtenant to the title if the title of the servient Property is registered at Land Registry and an entry relating to the right is shown in the Property Title Deeds (Charges Register). They will also be shown as appurtenant where the servient Property is unregistered unless both the conveyance, transfer or Lease and the Certificate of Title form PSD 17 exclude them. Initial Vendors (e.g. local authorities such as Manchester, Bury, Trafford, Salford and Stockport) who have doubts about the title to a prior beneficial easement should therefore exclude the easement specifically. If they do not, they may be liable to indemnify the Land Registry if it is not shown to be a legal easement in the event of any subsequent dispute.

Where the Property was acquired under any compulsory purchase provisions and the authorising statute either permitted the acquiror to extinguish any private rights such as easements which previously affected the Property or extinguished such easements automatically, then these facts should be stated in the Certificate of Title by the Property Lawyers and Conveyancing Solicitors.

Other entries will be made in the Property Title Deeds in respect of restrictive covenants burdening the estate / development being registered at Land Registry.

The conveyance, transfer or Lease should refer to the restrictive covenants which affect the Property or any part of it. However, if preferred, a general statement that restrictive covenants affect may be made there by the Property Lawyers and Conveyancing Solicitors provided the form PSD 17 gives full details of where the text of the covenants can be found.

Some legislation allows local authorities (e.g. Manchester, Bury, Trafford, Salford and Stockport), in effect, to suspend the operation of restrictive covenants whilst they own the Property. However, when the Property is sold the covenants may again be enforceable. Such covenants should be referred to in the conveyance, transfer or Lease.

If the Property is subject to Leases which need to be noted on the register, or disclosed as overriding interests, Property Lawyers and Conveyancing Solicitors should lodge the counterpart Leases.

A Lease needs to be noted on the Property Title Deeds if it was granted:
- for a term of more than 7 years; or
- to take effect in possession more than 3 months after the date of the grant; or
- under the right to buy or shared ownership provisions in Part V of the Housing Act 1985; or
- in circumstances where section 171A of the Housing Act 1985 (the preserved right to buy) applies

In addition, any Lease granted for a term of more than 3 but no more than 7 years, and which still has more than 1 year left to run, must be disclosed as an overriding interest, so that it can be noted on the Property Title Deeds.

Counterparts of any other Leases should be lodged if they contain options to purchase, as this information will be needed to protect the option by notice on the Property Title Deeds.

The entry in the Charges Register (of the Property Title Deeds) for shared ownership Leases will be along the following lines:

'The Leases specified in the Schedule of Leases which are shared ownership Leases made pursuant to [Part I of the Housing and Building Control Act 1984] [sections 143 - 153 of the Housing Act 1985] took effect with the benefit of and subject to the easements and other rights prescribed in paragraph 2 of Schedule [2 to the Housing Act 1980] [6 to the Housing Act 1985]'

There may be other overriding interests that need to be disclosed. Where a form PSD 13, 14, 15 or 17 is used, Property Lawyers and Conveyancing Solicitors should give details of any disclosable overriding interests on it. In which case the Property Lawyers and Conveyancing Solicitors will not need to lodge a form DI as well.

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

. . . continued on page 5 (Property Lawyers and Conveyancing Solicitors in Manchester City Centre page 5)

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

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

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Property Lawyers and Conveyancing Solicitors in Manchester City Centre for Transfer of Public Sector Housing Estates