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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 ONLY

. . . continued from page 1

Solicitors First Registration of Property Title Deeds - The Benefits 

Buyer's Solicitors Registration of Property:
Property can be registered with a number of different types or classes of title. Absolute title is the best and the most common type.

Beneficial Rights:  Where Property is registered with absolute title, the owner will have the benefit of any rights that are set out or referred to in the Property Register (for example, a right of way on foot over a side passageway).

Subjective rights: Other people may have certain rights over the Property, for example, neighbouring landowners may have a right to walk or drive over part of the Property.  People sometimes call these rights 'subjective' or refer to them as 'adversely affecting the Property'. These rights will usually be set out in the Charges Register, which may also refer to other matters that affect the Property. For example, the Property may be affected by a registered Mortgage, or covenants that restrict how people may use the Property.  These matters will also be set out in the Charges Register.

Overriding Interests: Some things that are not noted on the register at all may also affect the Property.  These are called 'overriding interests'.  They include some rights of way, public rights, rights under local land charges and leases for leass than seven years.  They also include the rights of people in 'actual occupation' of the Property or who receive rent from the Property.  Being in actual occupation has a special legal meaning. Basically, it means that the occupiers must permanently live in the Property themselves, or permanently occupy the Property in some other way.

Selling and Buyer a Property:
If the registered proprietor want to sell a Property, the Seller's Property Law Solicitor or Conveyancer can get an official copy of the register and title plan from the Land Registry as proof of title.  It is not necessary to show the Buyer' Solicitor or Conveyancer all of the Title Deeds. which often be bulky and complicated.  The Buyer's Solicitors should not normally need to examine all the pre-registered Title Deeds and documents.

Official Searches: The Buyer's Property Law Solicitors or Lawyers can quickly and safely accept the evidence of title that the Seller's Solicitors or Lawyers offers without having to investigate the pre-registration history of the Title Deeds. Buyer's Solicitors and Lawyers can protect themselves by making an official search of the register.  

The Buyer's Property Solicitors or Lawyers must use the correct forms to transfer Property or Mortgage registered Land.   These forms are readily are available to all Solicitors and Lawyers.

 (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.


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