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Need for production of identification certificates
Need for production of identification certificates
Posted
Thu, 15 Aug 2024 10:01:21 GMT
by
Michael Tulloch
My wife and I are about to make an application in person for first registration of unregistered land based on adverse possession. I am a retired solicitor, but no longer hold a practising certificate. The application will be supported by statutory declarations, old title documents relating to immediately adjoining land and a Form TR1 for the unregistered land transferring the estate right or interest of the previous possessors of the unregistered land to us as applicants for registration. Forms ID1 will be submitted for my wife and myself as applicants.
Ir seems to me that as the TR1 is not a transfer of a registered estate, but is a transfer of whatever rights the transferors may have to unregistered land, there is no requirement for Forms ID1 or equivalent to be submitted for those transferors. One of the transferors is making a statutory declaration to support our application, but I cannot see that of itself that declaration needs to be supported by Form ID1 or equivalent.
I base my conclusions on what Practice Guide 67 says about who needs to provide identification forms for what transactions. I am assuming that for that purpose that an application for registration based on adverse possession is treated as an application for voluntary first registration.
Are my conclusions correct, please?
The background to this enquiry is the immense difficulty I am having in finding solicitors willing to sign forms ID1 for the transferors, whether or not they are existing clients.
Posted
Thu, 15 Aug 2024 11:03:51 GMT
by
Adam Hookway
Michael - if you are applying for first reg based on adverse possession then there's no transfer/TR1 involved so no identity verification required.
Any application would be based on your own statement of facts plus the previous possessors as you refer to them. They don't transfer their own claim but their statement of truth/stat dec can be used in support of your own.
Posted
Thu, 15 Aug 2024 11:18:48 GMT
by
Michael Tulloch
Thanks very much for that helpful response
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