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 6
Points to consider:
Discharge of existing mortgages:
The general principle applied by Property Lawyers and Conveyancing Solicitors for all the disposals (e.g. sales and transfer) covered in this guide is that all mortgages, unless the contract otherwise provides, will need to be:
- discharged as to the whole or part using the appropriate Land Registry form; or
- in the case of disposals (e.g. sale and transfer) by Lease, to be accompanied by a consent from the Mortgagee; or
- in the case of unregistered Property, released or consented to in the usual way.
There is one exception to this principle where the legislation provides that the mortgage is automatically discharged or released, although the mortgagor's liability will not be. This exception arises under the right to buy (whether or not preserved). No discharge, consent, or release will be required for such a disposal (e.g. sale or transfer of Property).
The form of the Transfer, Conveyance or Lease:
The prescribe form of transfer used by Property Lawyers and Conveyancing Solicitors for these transaction is form TR1 or TP1. There is no prescribed form of Conveyance or Lease, although there are prescribed clauses and indexes applicable in certain transactions. The instrument must contain the 'required statements' and where necessary, the list of Properties occupied by secure tenants.
Unregistered Land and the Certificate of Title:
The Certificate of Title which must be given under the legislation is form PSD 17 for all transactions covered in this guide except individual sales to tenants exercising the preserved right to buy.
The Certificate of Title helps the Purchaser's Property Lawyers and Conveyancing Solicitors to investigate the title and any easements granted in the disposal (e.g. sale or transfer), and the Land Registry can rely upon it when considering what class of title to grant in respect of the Property. If there are any errors in the Certificate of Title and as a result the Land Registry suffers loss by having to indemnify a proprietor / owner or anyone else, the giver of the Certificate will, in turn, have to indemnify the Land Registry.
Compulsory Registration of Property:
The various regimes originally contained provisions which required the compulsory registration of any disposals (e.g. sales or transfers) under them. These provisions have now been superseded by the general requirement to register contained in section 4 Land Registration Act 2002. Property Lawyers and Conveyancing Solicitors should note, in particular, that the grant of a Lease under the right to buy, or the grant or transfer of a Lease where the Land is subject to a preserved right to buy gives rise to compulsory registration, even if the Lease has less than 7 years to run.
New Easements granted over unregistered Property:
Where any Property over which easements are granted is unregistered then the Certificate of Title should be given by the Property Lawyers and Conveyancing Solicitors. Land Registry's view is that the requirement for a Certificate of Title and the power of the initial vendor (e.g. local authorities such as Manchester, Bury, Trafford, Salford and Stockport) to give it extend to the grant of any easement over unregistered Property in the ownership of the vendor (Seller) even if the dominant Land is already registered. Any easements granted in conveyances by initial vendors (e.g. local authorities such as Manchester, Bury, Trafford, Salford and Stockport) will be registered as appurtenant to the title unless other extrinsic evidence available to the Land Registry contradicts the Certificate.
New Easements granted over registered Property:
Where specific beneficial easements are granted over other registered Property in the ownership of the initial vendors (e.g. local authorities such as Manchester, Bury, Trafford, Salford and Stockport) by the instrument of disposal they will be treated in the normal way. The application form submitted by the Property Lawyers and Conveyancing Solicitors should give the title number of the servient Land. As long as the servient Land is registered wholly in the name of the vendor (seller) the easements will be included in the registered title.
The registration of the proprietor:
Where the purchaser is a body corporate of a particular type, such a registered social Landlord, restrictions may be required to reflect limitations on their powers to deal with the registered estate / development. Where the purchaser is a non-exempt charity, the appropriate charity restriction will be entered on the Property Title Deeds.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 8 (Property Lawyers and Conveyancing Solicitors in Manchester City Centre page 8)
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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Manchester
City Centre Serviced Office - Conference rooms are also
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Ford
Banks Irwin Solicitors | Solicitors in Manchester
Pall Mall Court
King Street
Manchester
M2 4PD
Tel: 0161 866 8574
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