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Ask Adam
What question have you always wanted to ask about our processes? Or what puzzling aspect of land registration have you just encountered in an application? Customer Policy Manager Adam Hookway is here to provide the answers.so please send us your questions for him.
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Anonymous: When a notice is issued during the processing of an application, why does HMLR not issue any correspondence to the lodging solicitor to advise them that this has been done? I only find this out in "View Applications", and it doesn't give an expiry date. I have to then go to "Application Enquiry" to find out the expiry date. I'm still none-the-wiser as to the reason for the notice though.
Adam: Among the precautions that HM Land Registry takes to prevent wrongful registration is the service of notices to inform the recipient we have received an application, or proposed alteration, that may adversely affect their interest. Specific notices are served in a wide range of circumstances and the reasons for doing so are often explained in our practice guides, for example practice guides 4 and 5 re adverse possession or practice guide 19 when applications are made to cancel restrictions and agreed/unilateral notices to name just three of the most common circumstances.
The Land Registration Act 2002 does not distinguish between different types of notice. However, in practice, we use notices in three distinct ways.
- Information notices – no reply is required and no time period is allowed for receipt.
- Objection notices – these allow a time period for objection but also invite the addressee to consent to the application in order to shorten the period of delay.
- Notice B224 – used when we propose to alter the register without an application. The recipient is given a time period in which to oppose the alteration.
(The terms ‘information notice’ and ‘objection notice’ are used for convenience within HM Land Registry only.)
The question raised relates primarily to objection notices as the serving of information notices does not delay the completion of an application. There is no duty on the part of HM Land Registry to notify an applicant as and when an objection notice is served but in most cases you should be able to work out why by considering the application you have submitted.
Anonymous: Following on from the question in the Practice and Process August 2024 newsletter, Practice Guide 67 suggests in section 9 that a non-conveyancer can verify identity if it is not possible for identity to be verified by a conveyancer, but only if a non-conveyancer is submitting the accompanying application to the Land Registry. Is this not the case, ie can a conveyancer submit a non-conveyancer checked ID1 with an application?
Adam: Practice guide 67 section 9 provides guidance on how a non-conveyancer might verify a person’s identity using form ID3, not ID1. A conveyancer can submit their application to include a form ID3 for identity verification purposes and complete for example panels 12 and 13 of form AP1 as appropriate.
Anonymous: If a registered proprietor has completed a 100% staircasing then should the Memorandum of Staircasing be registered against the proprietor's title and the Freeholder's title or is this not a requirement?
Adam: There is no HM Land Registry requirement to record details of the purchase of additional shares in the register including the final 100% purchase. Any application to note the final share purchase would be made against the tenant’s title only.
If the purchase triggers, for example, the lease to be merged/determined or the landlord’s title to be transferred, then the appropriate application should be made.
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