Practice and Process August 2025

Issue 29

13 August 2025

Welcome to issue 29 of Practice and Process. August is often seen as a quiet month in publishing but for us the practice guide updates keep coming and the Ask Adam questions never stop. If you're taking a summer break, or an autumn, winter or spring break, don't forget you can always catch up on our content via our archive.

PG12

A figure behind a screen points with their right hand to a search icon on the screen.

Which practice guide has changed?
Practice guide 12: official searches

When did it change?
28 July 2025

What has changed?
We have made minor amendments to multiple sections.

What does it mean for customers?

We have revised the content of our existing guidance for clarity of language and rearranged the order of certain sections to make it easier for customers to follow and better assist them when lodging official searches.

There are no substantive changes to practice resulting from these amendments.

PG57

A man sitting at a table in a domestic setting looks at a laptop screen with his right hand poised to navigate.

Which practice guide has changed?
Practice guide 57: exempting documents from the general right to inspect and copy

When did it change?
21 July 2025

What has changed?
We have amended section 2.1.

What does it mean for customers?
We have amended the guidance on preparing an edited information document to reflect that many customers no longer send a printed version of the document to HM Land Registry.

The revised guidance applies equally where the edited information document is lodged in electronic form.

PG82

The hands of an unseen person hold a tablet while writing on the screen with an electronic instrument, with a laptop open on a desk in the background.

Which practice guide has changed?
Practice guide 82: electronic signatures accepted by HM Land Registry

When did it change?
7 July 2025

What has changed?
We have amended sections.3.1, 3.2, 3.3.1, 5.2 and 12.

What does it mean for customers?
Sections 3.1, 3.2, 3.3.1 and 5.2 have been amended to clarify that when using a conveyancer-certified electronic signature, the electronic document stored in the signature platform represents the original deed or document. It is not acceptable to create a copy of the electronic document (either by printing or storing electronically outside the platform) and add the date to this copy instead of dating the electronic document in the platform.

Section 12 has been updated to include two points to remember when using conveyancer-certified electronic certificates.

Process changes

Two arrows drawn in chalk on a blackboard, with 'Old way' written inside the top arrow pointing left and 'New way' written in the arrow below pointing right.

Protective entries on first registration applications

We currently complete applications with a protective entry when evidence relating to restrictive covenants, subjective easements, land charges searches and inheritance tax is missing or incomplete.

Recent customer feedback indicates a preference for addressing these issues before completion of the application with a protective entry.

Therefore, from Monday 18 August where no other requisition points arise, we will request the necessary evidence and allow 20 working days for a response. If evidence is not received in that timeframe, the application will be completed with a protective entry.

Where other requisition points arise, we will continue to raise a requisition.

Reminder about official searches

Please remember that our advice is to apply for an official search at least five business days before the completion of the disposition to ensure you secure priority. We do not have an expedite procedure for searches.

Head and shoulders portrait of Adam Hookway.

Ask Adam

This month's questions to Customer Policy Manager Adam Hookway range far and wide across land registration once again. There must be something in that landscape you've always wanted to pinpoint. Please make it your question for Adam.

Anonymous: I act for executors of two Wills, the first of A, the original sole owner of the unregistered legal estate; the second of B, the surviving executor of A's Will. A settled the freehold on trust for life for his wife. No assent of the land has been signed by A's executors. The reversionary devisee of A's Will, C, has died; C's executor/beneficiary has by Deed of Variation (DOV) transferred the beneficial equity (describing the land in two separate parts) to her respective children. Assents to vest the freehold of those parts are in draft.

Questions:

1. Can B's executors, as executors by representation of A, assent directly to the children without an intermediate AS1 to themselves? IHTax clearance has been obtained by them.

2. Will assents be achieved by two AS1s by two AS3s or by TR1s?

3. How will the capacity of B's executors as assentors be described in the Assents?

4. Should the Wills of A and C be lodged for the respective first registrations as well as the DOV?

Adam: If B was A’s executor as named in probate and B has then died and probate granted for B then B’s executors can transfer the legal ownership through what’s known as a ‘chain of representation’.

A single AS1 by B’s executors plus probates for A and B are required. We don’t need sight of the wills on submission.

See Guidance: how to complete form AS1.

Anonymous: I am acting for the buyer of a freehold residential property. The title is in joint names with no restrictions. One of the joint owner has died and we received the death certificate. The property is now sold by the Deputy acting for the surviving joint owner. Can we proceed accordingly on the basis the surviving owner now own the property and the Deputy can sell on his behalf and following the death of the co owner we do not need to provide any further document to the land registry save for the court order appointing the Deputy and the death certificate in the application to register the property following our client's purchase. Thank you for your assistance.

Adam: Yes – when there are joint legal owners, and one dies, the legal ownership passes to the surviving owner to deal with. Any application to update the register should therefore include a certified copy of the death certificate.

See section 7 of practice guide 9: powers of attorney and registered land for the evidence we require re the deputy’s appointment and ability to act on behalf of the surviving joint owner.

Anonymous: What would be the best way to apply to register the easements contained in a short, say 3 year, lease? If applying via the HMLR portal, which would be the best application type to select and would an explanatory covering letter be appropriate?

Adam: We cannot advise on what application you should make, but please see practice guide 62 section 4.2 for guidance on how to apply to register easements contained in an unregistered lease. And see our guidance on how to apply using our Business e-services. Please also see our guidance on a range of transactions and how to apply online.

Anonymous: We are acting for two trustee companies holding a property as legal owners under one trust arrangement but wish to hold the property under different trust arrangements, but where they both remain the legal owner. Should this be treated as a TR1 transfer or is there an alternative application that can be made to change the trust arrangements without completing a transfer?

Adam: Any transfer would be of the legal ownership but as that’s not what’s happening here no such transfer is required. See practice guide 24: private trusts of land.

Stuart Gilchrist, Plotholders Land Management Group Ltd: We have acquired a host of plots from victims of land banking scandals.. All these have separate Titles, but each copy reg is identical now that they all show plmgl as owner at each site that we are involved in. We would like to amalgamate all common regs into one of the identical regs. I cannot readily see which PG would explain the procedure, and indeed what fees might be payable.

Adam: There is no practice guide for such a subject.

An amalgamation is the joining of two or more parcels of registered or unregistered estates affecting different extents of land under a single registered title.

We do not amalgamate titles unless some positive advantage accrues to a number of prospective purchasers (such as an amalgamation of areas of land comprising a housing development), or the request does not add unnecessarily to our workload.

Amalgamation can only happen where:

the estates are of the same kind (for example, freehold title);
the estates are owned by the same proprietor[s] and in the same capacity (or example, if an owner holds one title as joint proprietor and another as sole proprietor, amalgamation of the two cannot take place);
the impact upon any encumbrances on individual titles, such as mortgages, have been accounted for.

If you wish to apply for amalgamation you will need to complete and submit:

form AP1;
a covering letter outlining the reasons for the request along with any supporting evidence (if you are being refused insurance, for example, then you should include a copy of that refusal with the application);
a sufficient description or plan of the land being amalgamated; and
a fee of £40 (post) or £20 (Business e-services).

Send us your questions for Adam

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Our customer workshops are attracting great reviews. Why not find out for yourself? On Thursday 18 September we're focusing on new build applications and on Wednesday 24 September we're looking at how to avoid requisitions on applications of all kinds. Spaces are limited, so book now to claim your place.

How to reduce avoidable requisitions: all you need to know

You’re working hard to reduce application errors, looking at training, systems and processes. But have you visited Tackling avoidable requisitions – part of our training hub on GOV.UK?

Here we list all 32 requisition points we call ‘avoidable’, along with a raft of resources to help you avoid them. We also tell you:

• what caseworkers are looking for; and

• how to make sure you provide the right information.

Here are some examples:

Many of the requisition points we raise relate to evidence of identity. So, in the Identity section we set out what we check so you can make sure you’ve covered it before you hit send:

• ID evidence lodged is incomplete: We send a requisition if you have not stated the conveyancer’s address and reference in full in the identity panels of the form you’re using.

If you’ve ever replied to a requisition with the name of a missing party, but found that wasn’t enough to progress the application, here’s why:

• Transfer – date or name omitted: If a name is missing from the transfer we need to know why and we send a requisition. If the transfer is undated or does not contain all the relevant names, we send a requisition for an amended transfer. The insertions or amendments must be initialled by all the parties to the transfer or a conveyancer authorised to do so on their behalf.

And when it comes to ownership:

• No or conflicting information as to how the property is to be held: If you have not completed the relevant panel or it’s not clear whether the proprietors are to be joint tenants or tenants in common – for example if you’ve checked both boxes, or simply written ‘see the Trust document’ – we send a requisition.

When you see it in black and white it’s very clear, but we do understand it’s not always obvious why we’re asking for more information. These insights should help.

Along with them, you’ll find tips, videos, webinars, guidance pages, checklists, flowcharts and blogs to help you get applications right first time. So why not take a look at Tackling avoidable requisitions, bookmark it for future reference, build those insights into your training plans and maybe even cut and paste reminders?

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It's for you – tell us what you think

We are reviewing our training hub to ensure it meets customers’ needs and we’ve launched a survey to help.

Your feedback, comments and suggestions will be invaluable in making sure we are giving you the help you need. Please let us know what you think by completing our short survey.