View this in a browser.

Welcome to issue 34 of Practice and Process. For an invigorating start to 2026, please try our multiple choice land registration quiz, then formulate a question of your own for Ask Adam.

Rob Kinnon-Brettle: We are in the process of transfer of a property. The title has 13 UN1s and well as 2 notices. We are aware that there are a maximum of 10 transactions per application on the portal, so potentially with the transfer, 2 CN1s and 13 UN4s there would be 16 transactions. How should we proceed when it comes to dealing with the application to the Land Registry?

Adam: Your best option would be to submit the first 10 transactions in priority order followed by another application with the remaining transactions. It would be ideal if you could include a note to say that as the number of transactions exceeds what our systems allow, this is why they have been submitted across two applications.

Michael: I have a client who bought a house, and there's a restriction registered saying that no transfer shall be registered without a certificate from ABC Manco Ltd that a deed of covenant has been entered into between the buyer and the company.

However, ABC Manco Ltd doesn't exist and never did exist. It was a name intended to be used when the development was set up, but that actual company that was set up to manage the estate is called DEF Manco Ltd. Consequently, it's impossible to comply with the restriction. This defect is the same in all the titles, but to my surprise I noticed that several transfers have been registered over the past few years.

As the problem seems to have been ignored by LR up till now can I assume that all I need to do is explain the discrepancy in a covering letter, and enclose a certificate from DEF Manco Ltd? If this isn't sufficient, then how should I deal with it?

Adam: If a voluntary restriction was incorrectly applied for by the conveyancer then an application to cancel it (form RX3) can be submitted along with a form RX1 to register the correct restriction.

Alternatively an application in form AP1 can be submitted to alter the restriction and provide supporting evidence to confirm the conveyancer error and to confirm the correct details as appropriate.

See section 3.8 of practice guide 19: notices, restrictions and the protection of third-party interests for guidance.

Editor's note: Take a look too at our recent blog, How to deal with restrictions in the register.

AS Matthews Limited: Our client has signed a Declaration of Severance which incorporates 18 properties. I have prepared an eAP1 and included all 18 title numbers but I am not sure whether you require 18 separate SEVs attaching to the eAP1. Could you please advise how I proceed and what documents if any I need to attach.

Adam: An application to sever the joint tenancy should be made using either a form RX1 or form SEV.

You mention that you intend to use a form SEV. If you act for all of the registered proprietors you should refer to all of them as applicants and complete the appropriate box in panel 7. If not, you will need to provide a certified copy of the Declaration of Severance or certify that you hold the original or certified copy of the document and also complete panel 7 accordingly. The form will also need to be signed in panel 9.

If you use form RX1, you can lodge a certified copy of the declaration, which must be executed by all of the registered proprietors. Alternatively, you can provide a certificate in panel 13 that you hold the original or a certified copy of the declaration.

As with a form SEV, if you act for all of the registered proprietors, you will need to list all of them as applicants, otherwise the certified copy of the declaration will be required. You will also need to complete the appropriate box in panel 8 and sign the form in panel 10.

You do not need to provide 18 separate form SEVs (or form RX1s) but, if you are using a single form, you will need to refer to all title numbers in panel 2 of either form.

For more information see practice guide 19: notices, restrictions and protection of third-party interests.

Anonymous: As conveyancers, we have seen an increase in enquiries from other Conveyancers querying what type of 'certification' is acceptable by HMLR.

Apart from POA, for years we have certified standard documents with wording...

"We certify this to be a true copy of the original" signed by our firm, with our firm name and address printed underneath (and dated).

EG

We certify this to be a true and complete copy of the original.

(Signature)

Winnie the Pooh Solicitors LLP, Hundred Acre Wood, Hertfordshire AA1 1BB

01/12/2025

There is guidance (and a short video) on how to certify documents on the HMLR website, which says it must be signed by an INDIVIDUAL (not a firm) and that it must include the Full Name and Address of the INDIVIDUAL.

In the video hosted on HMLR page, it even shows an example signed by Thomas Henry Smith of 25 Queensway Street, Peterborough.

We feel the guidance is confusing, as we have always certified documents by our firm not our individual staff. We are now starting to get enquiries to re-certify documents based on this video which is causing confusion for our staff.

Please can you confirm the position, and if this has changed and where we can find your specific guidance on this to refer other law firms to when they raise this as part of a conveyancing transaction.

Adam: A conveyancer can certify most documents as a true copy of the original by including the following statement on the copy:

"I certify this is a true copy of the original dated ____."

The certification should also include: 1. their signature 2. the conveyancer's full name (printed) 3. their professional designation (for example, solicitor, licensed conveyancer) 4. their address and 5. the date of certification.

This ensures the certified document is accepted as an accurate representation of the original for legal or registration purposes.

Although the example in the video refers to a named individual, a conveyancer who certifies the copy deeds and documents can generally do so in either their individual name or in the name of their firm.

Editor's note: The video is part of our public guidance playlist and is aimed at members of the public who are not legally represented. We will update it, however, to reflect a wider viewership.