Anonymous: We are taking an assignment of a long lease and that assignment will
trigger first registration. The assignor does not have the original lease, but
there is an official copy lodged against the freehold. Will HMLR accept that
official copy in lieu of the original as part of the FR1? I assume the
application should also be accompanied by an ST3. What class of title is likely
to be granted?
Adam: Although there is an
official copy lodged against the freehold, for first registrations we no
longer accept certified copy deeds instead of originals. It is therefore likely
that you will need to follow the guidance set out within practice guide 2: first registration of title if
deeds are lost or destroyed in which we do recommend the use of an ST3. Form ST3 is not obligatory,
and using it will not guarantee that your application is successful, but will
help you to make sure that none of the requirements set out in detail within practice
guide 2 have been overlooked.
Each application will be considered on its
own individual merits in light of the evidence which is provided in support of
that application, so without sight of this we are unable to comment on the
class of title.
You may wish to use our Ask for Guidance service with further specifics of the circumstances. This will allow one of our senior technicians to help you navigate HM Land Registry processes and support you to avoid unnecessary requisitions.
Anonymous: Husband and wife own a property as tenants in common. Husband passes
away leaving his share to his children/beneficiaries with a life interest to
wife. Wife is now the sole legal owner holding the property on trust. How can
the Executors for the beneficiaries protect their interest in the event that
the wife sells the property and appoints an additional trustee to overreach the
Form A restriction? Will the Land Registry accept a Form B or Form C
restriction?
Adam: The purpose of a Form A restriction is to ensure the provisions of section 27(2) of the Law of Property Act 1925 are complied with.
Form B restrictions relate to situations in
which the powers of the trustees of the legal estate are limited whereas Form C
restrictions relate to situations in which the powers of a personal
representative are limited.
Please see section 3.4.5 of practice guide 19: notices, restrictions and protection of third party interests which provides further details concering interests under trusts. Please also see Appendix A: some possible means of protection for common third-party interests which also contains information around beneficiaries under a trust of land.
Anonymous: I acted
in the purchase of a property that was formerly two properties. Number 30 was
owned by son and number 32 was owned by parties. As we needed to submit two
separate TR1s, 30 was valued at £110k and 32 at £240k (total price paid £350k).
My client is now concerned that title to 30 shows the price paid at £110k
rather than the full £350k. Is it possible for the title to be amended to show
the total price paid for 2 title numbers like it would do if we had submitted
just one TR1?
Adam: With the TR1 referring to the specific title number in panel 1 and the property defined in panel 2, the confirmation that 'the transferor has received from the transferee for the property the following sum (in words and figures)', this is treated as the actual price paid for that defined property and the entry is made on this basis.
It would also appear that, based
upon the values and total price paid provided within your question, the
register does accurately reflect the prices paid for both properties. Given this, it is unlikely that an amendment could be made unless the register
now contains a ‘mistake’ as defined at paragraph 11(1) of Schedule 8 to the
Land Registration Act 2002.
If you feel that an error has been
made on any submitted application, you can use our Contact us form to report the error. A dedicated support team will then
consider the issue and make an amendment if appropriate to do so. All reports
of an error will receive an appropriate response whether an error has been made
or not.
Anonymous: My client has an ongoing AP1
application and subsequently obtained a sliver of land adjoining for nil value:
(1) can the subsequent transfer been included within the ongoing application
and (2) if so, is there any additional cost and (3) can the titles be
amalgamated?
Adam: No. The additional transfer should constitute a separate application and should not be included within the existing application. This is due to the rules surrounding the deemed acceptance of applications and the priority of applications on the day list. Fees would also be required as set out in HM Land Registry:
Registration Services fees.
Responses, or additions to
applications, should be confined to correcting errors and/or providing
responses to requisitions within the existing application.
Any request for amalgamation would be considered, though it might be both possible and beneficial for HM Land Registry to complete the application. Further information, including certain requirements, can be found in our Amalgamation and merger – what's the difference? blog.
|
