Fol­low the rules of reg­is­ter­ing deeds for the first time

Yorkshire Post - Property - - PROPERTY - John Rob­son

Sec­tion 4(1)(a)(ii) of the Land Reg­istry Act 2002 states that an Assent of land does in­voke first reg­is­tra­tion of the ti­tle at Land Reg­istry. Un­der Sec­tion 36(7) Ad­min­is­tra­tion of Es­tates Act 1925 an Assent is suf­fi­cient ev­i­dence of en­ti­tle­ment to the legal es­tate. How­ever, Land Reg­istry will re­quire a copy of the will of your late rel­a­tive and the Grant of Pro­bate to be lodged with the first reg­is­tra­tion ap­pli­ca­tion.

Ac­cord­ingly, the an­swer to your first ques­tion is yes. An Assent of the land needs to be pre­pared and signed by the ex­ecu­tor of the es­tate in your favour and this will re­quire reg­is­tra­tion of the ti­tle in your name at Land Reg­istry.

While reg­is­tra­tion in this case is com­pul­sory, it has many ad­van­tages:

Se­cu­rity of legal ti­tle own­er­ship to the land

Pro­tec­tion against los­ing ti­tle by a per­son at­tempt­ing to claim ad­verse pos­ses­sion

In­tro­duc­ing cer­tainty and a more sim­ple process to mort­gage or sell the land

Set­ting out all rights ben­e­fit­ing the land and de­tails of any re­stric­tive covenants

De­tail­ing the ex­tent of the land by ref­er­ence to a Land Reg­istry ti­tle plan

Or­di­nar­ily, the cost of the Assent would be paid for out of the funds in the es­tate. How­ever, the legal costs in­curred to draft, com­plete and sub­mit a com­plex first reg­is­tra­tion ap­pli­ca­tion should, in my view, be paid for the per­son tak­ing the own­er­ship of the land.

The sec­ond ques­tion re­lates to the ap­pli­ca­tion and miss­ing doc­u­ments. The ap­pro­pri­ate class of ti­tle is de­ter­mined by the qual­ity of the doc­u­ments sup­plied to Land Reg­istry who will ex­am­ine them un­der Sub Sec­tion 9(1) and 10(1) of the Land Reg­is­tra­tion Act 2002.

From your ques­tion, it would seem there are suf­fi­cient doc­u­ments for Land Reg­istry to as­sess and sub­se­quently grant an ab­so­lute ti­tle.

How­ever ,you state cer­tain doc­u­ments, known as con­veyances, are miss­ing and these con­tain “re­stric­tive covenants”. If the land you in­her­ited com­prised say a 1930s’ semi-de­tached house, it is open to your con­veyancer to ob­tain a copy of the ti­tle to an ad­join­ing prop­erty which will un­doubt­edly con­tain sim­i­lar re­stric­tive covenants. How­ever, from your de­scrip­tion, such a course of ac­tion is not open to you.

Land Reg­istry will be able to pro­ceed with the reg­is­tra­tion but they will make a pos­i­tive en­try in the “Charges Reg­is­ter” of the ti­tle. This en­try will state “the land is sub­ject to such re­stric­tive covenants as may have been im­posed thereon be­fore the date of first reg­is­tra­tion, so far as such covenants are sub­sist­ing and are ca­pa­ble of be­ing en­forced”.

Es­sen­tially this is not a ma­jor prob­lem as at the point of mort­gage or sale, your con­veyancer will be able to of­fer un­known re­stric­tive covenants in­dem­nity in­surance to the pro­posed lender or buyer.

John Rob­son is con­veyanc­ing man­ager at Ford & War­ren Leeds.

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