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Introducing Practice and Process, our new monthly newsletter for subscribers.
Practice and Process focuses on changes to land-registration practice and what they mean for you, as well as any new processes you need to be aware of. We’ll include training options and a few hints and tips, too.
You have received this first issue as you currently receive our monthly Landnet newsletter. We hope you like this first issue and find it useful. Future issues will only be sent to subscribers, so don’t miss out: if you want to receive Practice and Process every month, please sign up:
We welcome your suggestions. If you have any feedback, get in touch with us at customercommsteam@landregistry.gov.uk
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PG6
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When did it change?
13 February 2023
What has changed?
We have amended Section 2.2 to clarify our requirements where a conveyancer’s certificate is lodged relating to a grant of probate, letters of administration or court order.
What does it mean for customers?
Where a conveyancer gives such a certificate, it should now also confirm that the grant of probate, letters of administration or court order is/are not limited.
If the conveyancer is unable to confirm that the grant is not limited, we require a certified copy of the grant of probate, letters of administration or court order.
We will have to raise a requisition if this is not provided.
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PG19
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When did it change?
20 February 2023
What has changed?
We have amended Section 6.17 to clarify our practice on protecting a vendor’s lien after the disposition has been registered.
What does it mean for customers?
Where a vendor claims that a lien has overriding status and its priority is protected by section 29(2)(a)(ii) of the Land Registration Act 2002, you should specifically state such claims in the application, which should be made using form UN1.
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PG30
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When did it change?
6 February 2023
What has changed?
We have amended Section 3 to update our contact details.
What does it mean for customers?
The telephone number has been updated (to our central phone line - 0300 006 0411) to reflect the current contact details for our Commercial Arrangements Section. Please amend your systems as required.
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PG50
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When did it change?
6 February 2023
What has changed?
We have amended Section 3 to remove duplicated information about requesting an extension of time to deal with a requisition.
What does it mean for customers?
To clarify, you should not request an extension of time more than 10 working days before the application is due for cancellation.
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PG63
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When did it change?
13 February 2023
What has changed?
We have amended Section 5.2 to clarify our requirements on applications using form K12 to cancel an entry in the Land Charges Register on exceptional grounds.
What does it mean for customers?
You should lodge a copy of the instrument giving rise to the land charge entry with your application.
If the instrument is not available, we require a vacating court order (by way of interlocutory relief on motion).
The amended guidance also provides additional background information.
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PG64
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When did it change?
6 February 2023
What has changed?
We have amended Sections 5.11.3 and 5.11.4 to clarify our requirements where a separate application is made to register easements contained in a prescribed clauses lease.
What does it mean for customers?
If a separate application is not made on form AP1, you can provide the relevant information in a covering letter.
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PG78
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When did it change?
20 February 2023
What has changed?
We have added Section 3.6. This deals with adding an overseas entity ID to the register as a standalone application.
What does it mean for customers?
The additional guidance covers applications submitted through the Digital Registration Service, Business Gateway and bulk applications.
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Process changes
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As part of a raft of measures to improve our service, we are making changes to the way we deal with certain errors or omissions within applications we receive. This update focusses on issues relating to some restrictions and discharges, as we continue to review our processes to find efficiencies in other areas.
Adding a Form A restriction by default
COMING SOON: We will no longer issue a requisition when there is no – or conflicting – information about how the property will be held. In section 2.1.2 of Practice guide 24, we say that when recording two or more registered proprietors of land, unless you tell us they hold the legal estate as beneficial joint tenants, we will enter a Form A restriction. In future, we will simply add the Form A restriction and automatically issue an explanatory letter. If necessary, you can apply to remove the restriction via your usual channels by returning a copy of the letter after signing the panel to confirm that the restriction isn’t required. Our Digital Registration Service (DRS) normally completes these applications automatically.
Restrictions
We will no longer raise a requisition where there is an incorrect application to enter a restriction: for example, the restriction is in the body of a non-approved charge, or there are insufficient words of application in a prescribed form, such as a TR1. This process also applies to applications for an obligation to make further advances, and will allow us to complete applications more quickly.
Discharges to follow
We will no longer raise any point for an outstanding discharge unless there is a restriction preventing registration. This avoids the frustration of a requisition requesting a discharge when the delay is with a third party.
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Disclaimer
The information contained within this document is correct at the date of publication, but may be subject to change. Always ensure you are using the most up-to-date versions of our practice guides.
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