Anonymous: We have a TR5 portfolio of 11 titles. Please kindly advise whether we insert the combined value of the 11 transactions in box 8 of the TR5. Do we also note the combined value on the AP1. Should we note the individual transaction values anywhere on the TR5/AP1?
Adam: You can complete panel 8 of the TR5 with either the combined value of the 11 transactions or the separate values for each transaction, as appropriate. If you want to set out the individual transaction values but do not have enough space in panel 8, you can use form CS to provide the additional values. You also do not need to note the individual values on the AP1 or elsewhere on the TR5 for this specific purpose.
Please note, however, that the registration fee for a transfer for value of 11 titles using a single TR5 will be based on the total consideration, not any individual values provided.Ann Foster, CJC Legal Services: To be able to apply for a trustee to be taken off the title either because they have decided to retire or the settlor has decided to dismiss them from their trustee duties. However, there is scope on the portal to appoint a trustee, but as I say not to retire or dismiss a trustee.
Adam: A trustee can be retired/removed using the Digital Registration Service on the portal. Please see section 7.2 of practice guide 24: private trusts of land.
Anonymous: What is the appropriate form to remove a Section 156 charge from the register? A CN1 comes to mind as it is only noted on the register, but some sources suggest a DS1 needs to be used.
Adam: A section 156 charge is what we sometimes refer to as a ‘discount charge’. A discount charge can be discharged but there is no prescribed form of discharge.
However, we can accept either of the following forms of evidence: - a discharge – this may be in form DS1 suitably amended; or
- form CN1 accompanied by the relevant evidence which may be either a release, or a request in writing for the cancellation of the entry.
NOTE – if the discount period has already passed, but the entry remains on the register, the entry will be automatically cancelled on registration of a transfer on sale. Simon Bacchus, Meed Law: I am dealing with a single parcel of registered land which has been physically divided into two plots. I act for the Seller. One half of the land has already been sold-off using a TP1 which is in the course of registration. I had intended to use a further TP1 to dispose of the second plot mainly to ensure that the provisions for both plots are the same. There has been some resistance to this suggestion from the Buyer's Solicitor. On telephoning Land Registry, the Buyer's Solicitor was advised that a TR1 should be used for a whole title, and a TP1 for part of a title, which I thought was rather missing the point. My own written enquiry of Land Registry stated that either a TP1 or TR1 could be used to dispose of the second plot. Can you please clarify. I appreciate of course that once the Transfer of the first plot has been registered, I would have to use a TR1 for the second plot.
Adam: While the application to register the first transfer of part is still pending/being processed you can transfer the remaining part by way of a TP1 or TR1. In both forms, you have the option to include the relevant provisions in the additional provisions panel.
The priority and order of transactions and applications allows for either alternative. Marie Jones: Why can't a Form LL Restriction be entered for a limited Company, as it is for individuals, using a RX1, and why does a separate RQ(Co) form need to be used?
Adam: A Form LL restriction is not appropriate for a limited company as it only applies to private individuals. However, a request can be made for a company specific counter-fraud restriction. This would be a non-standard restriction and therefore would attract an additional fee if applied for on form RX1.
Alternatively, if not made as part of a wider application, a request for a restriction made on form RQ(Co) may be made by post or by email (to the address shown on the form) and will not attract a fee as, if we agree with the request, the Registrar will be making the entry of their own volition using their power under S.42(1)(a), Land Registration Act 2002. This form also sets out the wording of the restriction which may be approved.
Practice guide 19, paragraph 6.21.2 confirms the wording of the restriction and the form(s) to use. |
