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Form LRA 34 - Consent by the Encumbrancer to Transfer
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Document Overview
It is used when land subject to an encumbrance (such as a charge, lien, caution, restriction, or any registered interest limiting ownership rights) is being transferred. The encumbrancer (the party holding the encumbrance) must formally consent before the transfer can be registered.
The main purposes of Form LRA 34 are:
Safeguard encumbrancer rights: Ensures that a transfer of land does not extinguish or override existing encumbrances without the holder’s consent.
Validate transfer: The Land Registrar cannot complete registration of a transfer if the land has an encumbrance unless the encumbrancer has given consent.
Confirm awareness: Declares that the encumbrancer understands the transfer, has received legal advice, and has not been compelled or unduly influenced to consent.
Protect buyers & lenders: Assures transferees that the transfer is lawful and acknowledged by all parties with interests in the land.
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