This option should be used only where the deed plan is well drawn to an adequate scale and it is quite clear that the position of the boundaries has not changed since the plan was prepared.
This should be possible where the property or each of the properties, if more than one, is either:. If registering mines and minerals owned separately from the surface you must provide under rule 25 of the Land Registration Rules The registrar will then grant the best class of title that the circumstances permit.
Occasionally, due to inadequate descriptions in old deeds, freehold and leasehold land may have become indistinguishable. In such a case you should apply for absolute freehold title. The title will probably be registered as an absolute freehold title, but with a note in the register stating that the part of the land if any that is leasehold is registered with good leasehold title only.
Absolute freehold title may also be applied for where a term of years has been enlarged into a fee simple under section 8 of the Law of Property Act or section 65 4 of the Conveyancing and Law of Property Act If the evidence supplied is satisfactory, we will make an entry in the register to reflect the appropriate legislation under which enlargement has occurred.
If the registrar is not satisfied with the evidence of enlargement, the freehold title will not be registered. Where a lease registered in the name of the estate owner is to merge in the immediate reversion, panel 5 should include an application to close the leasehold title on merger. You must also enclose a completed form AP1 with your application, quoting the merging title. If the leasehold title is charged, you must lodge any form DS1 or deed of substituted security that are appropriate, or request the lender to discharge the mortgage electronically.
Currently no additional fee is payable. Where an unregistered lease belonging to the estate owner is to merge in the immediate reversion, panel 4 should include an application for the merger. Easements and other rights referred to in the latest transfer will normally be included in the title, without specific application, if the registrar is satisfied that they benefit the estate being registered.
If the property has the benefit of rights not granted by deed you should apply specifically if you want them to be included in the title see rule 33 1 b of the Land Registration Rules You must give details of the rights claimed, and prove their existence by appropriate statutory declarations. All charges to be registered and any action you are applying for such as amalgamation with an existing registered title should be listed in panel 5 in their intended order of priority, and any appropriate documents should accompany the application.
Where you are applying for any action with a specified application form, such as a restriction form RX1 or designation as an exempt commercial information document form EX1 , you must also include that form, duly completed.
The name s of the people applying to be registered as proprietors should be given here. Where a conveyancer lodges the application, the names of the clients not the firm should be given here. If the applicant is a company or limited liability partnership the second part of the panel will need to be completed. For corporate bodies that are not registered under the Companies Act in the UK, see also Constitution of a corporation.
Fill in the particulars of your firm. If you are a layperson, add your own details here. You must provide either a postal or DX address for correspondence. Give an email address here only if you are happy for us to contact you this way. We will deal only with the person named in panel 7 of the application form. If the application contains any request to raise requisitions or issue documents on completion to a third party the request will be refused.
This information will be entered in the proprietorship register. You may give up to 3 addresses for service for each applicant. One address for each applicant must be a postal address, whether or not in the United Kingdom rule 3 of the Land Registration Rules The others may be a different postal address, a UK document exchange address or an electronic email address rule 4 and 7 of the Land Registration Rules There is no need to give more than one address for each applicant.
If they are neither equitable joint tenants nor tenants in common in equal shares, select the last box and complete the statement as necessary. The purpose of this is not to give the registrar notice of the trusts under which the land is held under section 44 1 of the Land Registration Act , but simply to enable us to enter a Form A restriction see rule 95 2 a of the Land Registration Rules We must enter this restriction whenever we register 2 or more persons as proprietors of an estate in land, unless the survivor of the proprietors will be able to give a valid receipt for capital money arising on a disposition.
As a rule, the survivor can only give a valid receipt where the proprietors are equitable joint tenants or the personal representatives of an absolute owner. Unless the charge carries an HM Land Registry MD reference which can usually be found at the foot of the first page of the charge , in this panel you must give:.
Where the charge is to a bank, provide the relevant branch or securities centre address and sort code. If the charge has been transferred since it was created, you must give this information and provide evidence of the transfer, even if it bears an MD reference. Where the charge has no MD reference and the chargee is a corporate body that is not registered in the UK under the Companies Act , see Constitution of a corporation. Schedule 1 of the Land Registration Act lists the interests that override first registration.
You should also refer to paragraphs 7 to 13 of Schedule 12 to the Land Registration Act for transitional arrangements relating to overriding interests. With certain exceptions, you must disclose overriding interests that affect the estate being registered, and that the applicant actually knows about see section 71 of the Land Registration Act The exceptions are set out in rule 28 2 of the Land Registration Rules In particular, you do not need to disclose any interest that is apparent from the deeds and documents of title lodged with your application.
If there are any, you must list them on form DI , and lodge it with your application. Further information on overriding interests is contained in practice guide overriding interests and their disclosure. Generally there will be no rights, interests or claims known to the applicant other than those disclosed in the title documents or forms lodged.
If a certified copy of the instrument creating a right or interest is lodged, the right or interest will be treated as disclosed in the title documents and you do not need to mention it here. Nor do you need to disclose again any interest you have listed on form DI.
Any affecting land charges not covered in the deeds should be listed here. Examples of third party rights, interests and claims that can affect the property are set out below. As explained in Who can apply the applicant is generally the estate owner, but in certain circumstances others have the right to apply. When you are instructed by more than one party, for example the estate owners and the first mortgagees, include any rights, interests and claims known to any of them.
You must tell us here of any lease to which the land is subject for which you are unable to provide documentary evidence, and that is not an overriding interest. Give details if you are aware of any options contained in these leases. Even though the leases are not overriding interests, there is no objection to your listing them on form DI if it would be convenient to do so.
You should also tell us about any options contained in leases that are not capable of being noted see section 33 of the Land Registration Act where the option has not been disclosed in the title deeds or on form DI under paragraph 2 of Schedule 1 of the Land Registration Act Land charges of this kind will be binding on the proprietor whether or not they have been registered at the Land Charges Department. We will not complete registration until the claims of the squatters have been investigated.
Give particulars of any claims that may result in an objection to the application or should be noted in the register unless disclosed on form DI. If possible, provide the name and address of the person making the claim. If it has, you should leave panel 13 as it is. By signing panel 17 you will certify that it is correct. This enables the registrar, if thought fit, to have regard to prior examination by a conveyancer when they examine the title see rule 29 of the Land Registration Rules To protect ourselves and our customers from identity fraud, we require completion of these panels when you are registering a transfer, lease or charge.
If these are not completed, then we may reject the application. In panel 14 you should cross the appropriate panel depending on whether you are a conveyancer or not.
Depending on the answer, complete panel 15 or 16 by listing the parties to the deeds and who acted for them. Evidence of identity for an unrepresented party must be supplied. See practice guide evidence of identity - conveyancers for further information. You must sign and date the form. We may reject any unsigned form FR1. Form DL , in duplicate, must always accompany form FR1. In panel 1, give the address or other description of the property. In panel 2, list, in order, all the documents lodged in support of the application see rule 24 1 d of the Land Registration Rules See Completion of the application form FR1 for information on completing this panel.
You should also lodge a certified copy of the lease. If the title is subject to any leases you should lodge the relevant counterparts. See also Applications lodged by conveyancers — acceptance of certified copy deeds. Send all the deeds and documents relating to the title that the applicant has or can oblige the holder to produce, including opinions of counsel, abstracts of title, copies of documents, contracts for sale, requisitions, replies, searches and other documents relating to the title.
Conveyancers have the option of lodging first registration applications made up entirely of certified copy deeds and documents. See Applications lodged by conveyancers — acceptance of certified copy deeds for the conditions that must be met when lodging an application for first registration based on certified copy deeds only. This does not apply to applications for first registration made by non-conveyancers who must continue to submit original deeds and documents with first registration applications.
Where the application is based on a purchase for value and the title has been investigated in the usual way back to a good root at least 15 years old, you should resist the temptation to edit the deed package so as to send us only a recent root of title and subsequent conveyances.
Though we may not need to see very old documents, particularly if they are fragile, deeds from the 19th and early 20th centuries often contain definitive details of covenants, easements and other matters that need to be entered in the register. They may also contain better plans than more recent deeds. You will reduce the likelihood of our sending you requisitions by lodging a complete bundle of deeds, and the examiner will have a better opportunity to frame fully informative entries both as to the nature of any covenants or rights and the extent of the land affected.
Original deeds and documents need not be produced if they are not in the control of the applicant. Examples would be where:.
In such cases, you should supply an abstract or certified copies of the relevant deeds. Copies of deeds will be scanned and destroyed. Abstracts should be marked by a conveyancer as examined against the original deeds. All particulars of wills, grants of probate or letters of administration, marriages, civil partnerships and deaths set out in the abstract of title as separate items should also be verified and marked accordingly.
If there is no good explanation for the absence of the original deeds, we may not be able to give an absolute title. If you require further information about missing deeds, refer to practice guide 2: first registration of title if deeds are lost or destroyed. The evidence required in support of your application depends on the nature of the title and the class of title sought — see The examination process and classes of title. Where the application is based on an assent, we will need to be satisfied that the assentee was the person entitled to have the legal estate transferred to them — see Titles based on assents.
Any original statutory declarations, statements of truth, subsisting leases, subsisting charges, certificates relating to Stamp Duty Land Tax or Land Transaction Tax as required by section 79 of the Finance Act or section 65 of the Land Transaction Tax and Anti-avoidance of Devolved Taxes Wales Act respectively and the latest document of title such as the transfer to the applicant will be retained under rule of the Land Registration Rules But if you are making the application with copy deeds and documents only see Applications lodged by conveyancers — acceptance of certified copy deeds.
If your application is for first registration where title deeds have been lost or destroyed see practice guide 2: first registration of title if deeds are lost or destroyed.
If the application is scanned, all original documents and deeds will be returned to you once they have been scanned — see Submitting your application. Apart from this, we will return the pre-registration deeds after registration. Subject to the rights of any mortgagee that wishes to hold them, the estate owners are entitled to possession of them, and they ought not to be destroyed without their authority. There are several reasons why a customer may want to keep pre-registration deeds:.
Particularly with older properties, the deeds may have considerable historical interest. Local archives or record offices are usually happy to take unwanted deeds and documents, either as a gift or on loan. Documents deposited on loan are always available for consultation or withdrawal by the owner.
The British Records Association website can give advice and assistance on the deposit of documents in an appropriate archive. Further information, including a form for the deposit of title deeds, can be found at Deposit title deeds. Pursuant to a Direction of the Registrar under rule 24 of the Land Registration Rules , we can accept applications for first registration consisting entirely of certified copy deeds only.
Note that, in accordance with the Direction, an original form FR1 and form DL must still accompany the application. Any identity form form ID1 and form ID2 lodged must also be an original. Where a conveyancer chooses to lodge certified copy deeds and documents only, each copy of any deed or document that accompanies the application must bear the appropriate certification from the 3 listed below, signed by the lodging conveyancer and dated no more than 3 months before the application is made for the purposes of rule 15 of the Land Registration Rules If you are lodging a copy of official evidence of marriage, death, or a grant of representation following death, you may use option A if you are certain that you have an original certificate issued by the registrar of births, marriages, and deaths, or option C if you are not certain that the certificate is an original.
If the evidence has already been certified as a true copy by a conveyancer , option B would be applicable. This is a true copy of an uncertified copy deed or document that is in the control of the applicant. In all instances, the conveyancer who certifies the copy deeds and documents:. In addition, a separate certificate , signed and dated by an individual conveyancer who is a member of the firm lodging the application, must accompany the application.
This must include:. Note that this separate certificate must always be in the name of the individual conveyancer. If this certificate does not accompany the application, the application will be considered to be substantially defective, and may be rejected or cancelled pursuant to rule 16 3. This certificate cannot be lodged retrospectively, it must be lodged with the application to avoid rejection or raising a requisition for the original deeds.
Note that in the case of the additional separate certification, the individual person signing the certificate must be authorised to undertake reserved instrument activities under the Legal Services Act This would not, for example, include a legal executive unless they have Conveyancing Practice Rights granted by CILEx Regulation, and are working for a regulated body. If not, the legal executive must be working under the supervision of an authorised individual, who must sign the certificate.
All copy deeds and documents accompanying the first registration application pursuant to this Direction must be as clear and legible as the originals, and must be complete copies including any memoranda.
Any plans accompanying the application, including plans contained within deeds or documents, must be full sized colour copies and must not be reduced in scale or size from the original. In accordance with the Direction, HM Land Registry may request that original deeds are lodged for quality assurance purposes.
If they are not provided the application may be cancelled. Any renewed application must then be lodged with the original deeds requested. All certified copy deeds and documents that are lodged with an application pursuant to this Direction will be destroyed following our scanning process and no copy documentation will be returned on completion of the application. The registrar can make searches and enquiries, or direct the applicant to make them rule 30 of the Land Registration Rules Other than that, there are no specific requirements in the Land Registration Rules regarding searches against the estate owners or their predecessors in title.
The searches must be against the correct name of each estate owner and cover the whole period during which a charge could have been registered in that name. In the case of a deceased estate owner, the period should extend to the date that the personal representatives disposed of the property, or, if they have not yet done so, to the present.
Remember that some county boundaries have changed over the years so you should search against any appropriate former county. You must account for any entry appearing on the searches lodged.
If it does not affect the land being registered, a conveyancer should certify that fact. Failing this, you should explain the entry in panel 12 of Form FR1 , and lodge the original or a certified copy or an examined abstract of the deed or document on which the entry is founded. If this is impossible, you should obtain an office copy of the entry from the Land Charges Department and lodge that, together with any further evidence of the protected interest.
If only an office copy of the entry is available, we are likely to make a protective entry in the register. With a few exceptions, charges created by a UK company or limited liability partnership must be registered at Companies House.
See sections A of the Companies Act for charges created on or after 6 April For charges dated before this, see section for companies registered in England, Wales and Northern Ireland and section for companies registered in Scotland. Between 1 October and 30 September , charges by oversea companies had to be registered at Companies House section , Companies Act The certificate of registration issued by Companies House must accompany your application.
For charges dated on or after 6 April , you must also lodge a certificate or written confirmation that the charge lodged for registration is:. If you do not include the certificate of registration with your application, we will make an entry in the register stating that the charge is subject to the provisions of section A, , section or section of the Companies Act , as appropriate rule 2 of the Land Registration Rules For charges dated before 6 April , the following types of charge are excepted from the need for registration at Companies House.
For charges dated on or after 6 April , the requirement for filing at Companies House does not apply to:. Where a corporation or body of trustees holding on charitable, ecclesiastical or public trusts, other than for a non-exempt charity, applies to be registered as proprietor of a registered estate or charge, the application must be accompanied by the document creating the trust or a certified copy of it see rules and of the Land Registration Rules There are additional requirements for charities.
See practice guide charities: advice for applications to be sent to HM Land Registry. The evidence must include the document s constituting the corporation, or a certified copy, and any further evidence the registrar may require see rules 2 and of the Land Registration Rules If the evidence is in a language other than English or Welsh, you must supply a certified translation of it.
As to registration of housing associations see section 1 of the Housing Act For further information contact Ronan Egan , Partner. We use necessary cookies to enable you to move around our website and use its features. You may disable these by changing your browser settings, but this may affect how our website functions.
We would also like to set optional analytics cookies to help us improve our website by collecting and reporting information on how you use it. Using this tool will set a cookie on your device to remember your preferences. For more detailed information about the cookies we use, see our Privacy and Cookies Policy.
Toggle navigation. Share This. This means your home already holds a title number on the Land Register at the Land Registry. Is your house registered with the Land Registry? If you have a bundle of various old original documents, and the document used to transfer the property into your name at the time of the purchase is a Conveyance, it is likely that your property remains unregistered. Although you are not under any obligation to register your land at the Land Registry, there are many advantages to instructing a conveyancer to submit a voluntary first registration application on your behalf.
Compensation may be payable if errors or mistakes are made by the Land Registry as the system is state guaranteed. An up to date official record of who owns the land will be provided, thus eliminating the need to examine the past history of the title.
This is known as a Title Information Document. An official plan of the land will be provided based on the larger scale Ordnance Survey Maps. This is known as a Title Plan. Once a property is registered at the Land Registry the conveyancing process can be made easier as the title Information establishes much of the most important information about the land.
0コメント