In last month’s issue we answered a question as follows.
Anonymous: If there is a Form A restriction on a Title Register can you still register a Form MM restriction for one of the owners who has entered Residential Care?
Adam: Yes. The two restrictions are not mutually exclusive and serve different purposes.
A Form A restriction ensures that interests behind a trust are overreached when there is a disposition by two or more trustees or personal representatives. It does not give notice of an individual’s interest under the trust.
A Form MM restriction protects specific charges, such as those under section 71 of the Social Services and Well-being (Wales) Act 2014, affecting an equitable joint proprietor’s interest in a registered estate.
We’d like to correct our answer to say that an application may be made for the entry of a restriction in standard Form MM where the applicant has a statutory charge under s71 of the Social Services and Well-being (Wales) Act 2014 or (less commonly) s22 of the Health and Social Services and Social Security Adjudications Act 1983 on the beneficial interest of an equitable joint tenant in a registered estate. The entry of a restriction in standard Form A suggests that the proprietors of the title in question may not be beneficial joint tenants, but are instead tenants in common, meaning that the entry of a restriction in standard Form MM may not be appropriate. We provide further information about why this is the case and how a restriction in Form MM operates in paragraphs 6.22 and 6.24 of practice guide 19: notices, restrictions and protection of third-party interests. Anonymous: I am just dealing with the purchase of an unregistered old schoolhouse from the Local Authority. The only deed they have for it is an 1894 Indenture which transfers ownership to what was then a Parish schoolboard. They have sent a accompanying email stating that "The Education Act 1902 dissolved all school boards and transferred their ‘property powers rights and liabilities’ to (in this case) the North Riding County Council, being the seller’s predecessor in title." but no evidence that the title has actually devolved to the council is deduced.
Can I please check whether the Land Registry will require any further evidence of the devolution of title to the Local Authority (such as a list of all the local schools which were adopted)? Or whether the Act itself is sufficient?
Adam: On the basis that the property is presently unregistered and is not currently registered in the name of the Parish Schoolboard, on first registration where title is believed to have been acquired by statutory vesting, the application would need to be supported by evidence confirming the specific provisions of any legislation that is being relied upon to support the ownership by the local authority and a copy should accompany the application if it is a private act, order or scheme. If the legislation contains any exclusions preventing vesting then it must be clear from the information provided that the property does not fall within any of those exclusions.
All first registration applications are considered on their own merits and assessed on the evidence provided and it is possible that HM Land Registry may raise additional enquires once the application is received and has been considered in full.
Anonymous: We are dealing with the sale of two properties registered under one title. If we are to split the price for each property, can we choose the third option in panel 8 of the TR1 and specify the apportioned price given for each property? The sale consists of the whole title to one buyer. The apportioned price is to assist both parties in relation to tax calculations.
Adam: The price can be apportioned in the deed as you propose, however, we will make a single price paid entry for the land in the title which relies on the total consideration and will not reflect the apportionment. Further information regarding the price paid entries made in the register can be found in practice guide 7: entry of price paid or value stated data in the register. Anonymous: I have a voluntary application for first registration. The root conveyance is to husband and wife as tenants in common. Husband died some years ago and we will submit his death certificate. Legal title passes to the wife by survivorship. Husband's will leaves his estate to his wife. Will Land Registry require a statement of truth showing the devolution of the equitable interest to the wife absolutely so she can be registered as a sole registered proprietor without form A restriction?
Adam: HM Land Registry will not enter a Form A restriction on first registration of a property where there is a sole proprietor unless an application has been made in form RX1 or on one of the forms referred to in r.92(7), Land Registration Rules (LRR) 2003. Rule 94 of the LRR 2003 provides that, when applying for first registration, a sole trustee of land held on a trust of land must apply for a restriction in Form A.
Although HM Land Registry will not require you to submit evidence that the trust has concluded, this does not mean that you should not take appropriate steps to deal with the trust interest. As the effect of sections 11(5) and 12(5) of the Land Registration Act 2002 is that the registered estate will be subject to any beneficial interests affecting the estate prior to first registration of which that person has notice. Anonymous: I have a client who purchased a freehold property in England in 1988. I did not act at that time of his purchase. Client's conveyancer at that time registered the transfer to the client at HM Land Registry. That freehold property is registered in client's name. It has now come to light that there is entered in the title register for this freehold property an entry of a lease to another of 99 years from 1883 meaning it expired before the freehold property was purchased by the client in 1988. Client is surprised and says he was not made aware of such entry when he bought the said property. Since purchase no one has come forward regarding that lease and since purchase client has resided in that property without any issue. How can he get the entry removed from his freehold title? SIM search does not reveal existence of any other title other than the freehold title in name of client for the said freehold property.
Adam: Practice guide 26: leases: determination contains information on how to apply to cancel a noted lease, including the forms and evidence required depending on the method of determination used. Anonymous: Practice Guide 50 says: Where an application has been lodged using the HM Land Registry portal, you must reply using the reply to requisition function.
What is the best way to reply if the reference is not recognised (in instances where the reference number has changed, or a document is too large to send through the portal?
Adam: Practice guide 50: requisition and cancellation procedures states that if the technical limitations of reply to requisition prevent you from using the function (for example, because the file you need to send exceeds the file size limit), you must send the document to us using the appropriate standard address – see our guidance HM Land Registry address for applications. Please be aware that documents to support applications are not accepted via email or Contact Us.
If the HM Land Registry reference changes, we will write to you to inform you of your new reference. You can then use reply to requisition using the new reference.
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