Solicitors First Registration of Property Title Deeds - The Benefits by Ford Banks Irwin Solicitors - The Property Lawyers in Manchester
Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLYSolicitors First Registration of Property Title Deeds - The Benefits
Registering title provides an up-to-date official record of who owns the Property, eliminating the need to examine the past history of the title. It is a safe and straightforward way of transferring Property between Seller and Buyer and cuts the cost of conveyancing. Property Law Solicitors and Conveyancers are in regular contact with the Land Registry and can advise on any Property Law issues.
Why Registering Title is important:
A registered title is guaranteed. If somebody (Buyer or Seller) suffers a loss because of a mistake or an omission from the register, he or she may be able to get compensation.
Registration can sort our some problems in the Title Deeds, which may, up to the time of first registration, have been the subject of conditions of sale and enquiries before contract (raised by the Buyer's Property Law Solicitor or Conveyancer). Also, many unregistered titles have been successfully re-established by registering them after Title Deeds have been lost or destroyed.
Registering a Title should reduce costs because it makes conveyancing work for Property Law Solicitor and Lawyers a lot simpler. It also helps to prevent unauthorised copying or withholding of Title Deeds.
Once registered, each Title is given an official plan of the Property. The plan, however, will not normally show who owns the boundary features. These plans re based on the larger scale Ordnance Survey maps. This means that all registered title plans should be consistent with each other.
Parts of Registered Title Deeds:
Registered Title Deeds to Property has three parts:
*the Property Register describes the Property and any beneficial rights;
*the Proprietorship Register records who owns the Property;
*the Charges Register gives details of mortgages or rights that may affect the Property adversely.
Proving Ownership:
When the Buyer's Solicitors or Conveyancer applies to register title to the Property for the first time, the Solicitors must prove who owns the Property. Once the Solicitors can show who owns the Property they will have that name recorded in the Proprietorship Register as the Registered Proprietor. The Registered Proprietor is the legal owner of the Property. If the Registered Proprietory then sells the Property, the Buyer's Solicitors must apply to have the transfer registered. The Buyer's Solicitors then ensures the Buyer becomes the registered proprietor.
The Land Registry will give the Buyer's Solicitors of the Property or Mortgage:
*an official copy of the register showing the entries that exist on the register on the completion of the application;
*an official copy of the title plan if the application give rise to the creation or amendment of a title plan;
*a 'Title Information Document' which explains why the Land Registry have issued the official copies and how to obtain further copies in the future.
Continued on page 2 (Solicitors First Registered of Property Title Deeds) . . .
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
For any further information please contact Ford Banks Irwin Solicitors.