What Is A Certificate Of Compliance And Why Do I Need It?
Posted on 20th March 2020
The requirement for a Certificate of Compliance can arise in instances where there are restrictions noted within the Official Copy of the Register of Title, pertaining to a particular property.
Firstly, What is the Official Copy of Register of Title?
The Official Copy of the Register of Title are a copy of all records the Land Registry hold about a particular property, on one document. This document is split into three sections:
(A) The Property Register, which provides a description of the property and how the same is delineated. This section may also make provision for any rights that may be granted with the property, but also those that may be reserved.
(B) The Proprietorship Register, which notes entries pertaining to the registered proprietor, inclusive of the names of the property owner(s), and the value of the same.
(C) The Charges Register, which makes provisions for any registered charges that may be secured against the property. This notes the interests of mortgage lenders, or other such loans that the property may be subject to. In addition, this section will also confirm whether there are any restrictive covenants affecting the property, that must be adhered to. For more information on covenants, and what they entail, see our Preston solicitors blog, here.
This Official Copy of the Register of Title is enclosed within the Contract pack, provided by the seller’s solicitor. This then allows your conveyancer to carry out a title check on the same, to ensure there are no issues with the property’s title, but also to ensure that you are aware of the various matters affecting the property you are purchasing. For more information on the Contract pack, and what this includes, see our blog.
Within this document, it is the Proprietorship Register that we are concerned with, in respect of Certificates of Compliance. In this section, the interests of third-parties can be noted, by way of a restriction on the title.
What is a Restriction?
This is a popular question and one that our solicitors in Preston hear on a weekly, if not daily, basis. A restriction is an entry registered against the title to a property to note the interest of a third-party. Restrictions are in place to prevent the disposition of a property, i.e. a sale or transfer, for example, without the consent or a certificate of compliance of the individual noted thereon.
Such restrictions usually follow a standard form of wording, which reads:
RESTRICTION: No disposition of the registered estate (other than a charge) by the proprietor of the registered estate is to be registered without a certificate signed by XXXXXXXX of XXXXXXXX that the provisions of Clause XX of the XXXX have been complied with.
In this blog, our Preston solicitors are discussing instances in which the restrictions are referring to a Certificate of Compliance, and how such Certificates are obtained.
So, How do I get the Certificate?
This is a job for your Preston solicitors, whom can make the necessary enquiries with those whom have the benefit of the restriction. The details of those with the benefit are noted on the restriction itself, in order that your conveyancer can request the necessary documentation from them.
There is, in most cases, a fee for dealing with this and you should, therefore, ensure that your conveyancing solicitor has accounted for this within the funds that they request from you in order to avoid delays at a later date.
The Certificate can then be provided, assuming that the same has been complied with, and submitted to the Land Registry by your solicitors in Preston. This then confirms to the Land Registry that the restriction has been complied with, and allows your registration of title to proceed without delay.
If, therefore, you have been advised that there is a restriction to be dealt with, contact our solicitors in Preston today, for information on what the same means, and how it is to be complied with. Get in touch today, at firstname.lastname@example.org, and our expert team will be on hand to assist.
MG Legal – Your Local Solicitors
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