Anonymous: If you register easements in a lease of 5 years (ie not registrable in its own right), should we that lease be separately noted as well? If so, what is the correct way to do that eg should you complete Form DI as part of the application to register the easement? Or should you apply to register a unilateral notice? Practices seem to vastly differ!
Adam: Easements in leases not capable of registration can be registered in isolation or in conjunction with an application to note the lease.
There are different ways you can apply to note a lease on the register of a reversionary title. - If you are applying to register the easements in the lease that can be noted you can also upload form DI with details of the lease and we will normally note the lease unless you indicate otherwise. This is further explained in section 4.2 of practice guide 62: easements.
- You can use form AN1 to note the lease and register the easements.
- Form UN1 can be used to note the lease. Unlike an agreed notice, an application to note a lease by way of unilateral notice does not constitute an application to note the easements that may be contained in the lease.
Please see practice guides 25 and 62 for more information about which method would suit each individual application.
You may
also wish to consider the guidance for Registering
easements in a noted lease.
Patrick Rose, The Mapping
Company: I have been asked to survey the boundaries of a mid-terrace property on a terrace of 6 other houses. The physical boundary is completely different from the current title and on closer inspection all of the adjoining title boundaries are incorrect with what is on the ground.
If all 6 properties agree that the physical boundaries are correct and titles are wrong, would the Land Registry consider having new titles for each property, rather than having to carryout multiple transfers of slithers of land.
I have had this situation several times and seem to get different answers.
Adam: Most title plans for registered titles show only the ‘general boundaries’ under section
60(1) of the Land Registration Act 2002. This means that the title plan does
not show the exact line of any legal boundary, or the precise extent of the land included in the title. Instead, it identifies the general
position of the registered land, based on
the information contained in
the documents lodged at the time of registration. Therefore, the fact that the physical
boundaries on the ground differ from the title plans does not necessarily mean
that existing title plans need to be amended. You may wish to refer to practice guide
40: HM Land
Registry plans, particularly supplements 1, 3 and 5, for further information.
There are various methods to amend a registered title and the most
suitable will depend on the specific circumstances of each application.
An application
can be made to alter the title plan by removing land from within the red edging
on a title plan by way of form AP1, with the appropriate fee and supporting
evidence for the alteration. Practice
guide 77: altering the register by removing land from a title plan, in particular section 3, explains
our requirements for making such an application.
The parties could also arrange exchanges of land by mutual transfers by way of form TP1, if everyone is agreement. See also practice guide 68: amending deeds that effect dispositions of registered land for further details.
We cannot advise the appropriate method for each of the properties as this may vary depending on the particular facts of each application and the registered title(s) involved. We would recommend that any applicant seeks independent legal advice before proceeding, given the potential complexities involved. You may also wish to consider our Ask for Guidance service – details of which can be found in our specialist support services hub. Anonymous: When acting for the
Transferor in the transfer of a property can the solicitor submit the
application for registration on behalf of the Transferee who was not
represented by a conveyancer but sufficient checks have been taken to verify ID
and the relevant box has been ticked in the AP1.
Adam: Yes, this can
be possible. However, please note that we cannot advise on
specific applications and we will treat each application on its own
merits, meaning that in some situations this will not be possible and further
enquiries may be required. Anonymous: I am registering a new lease. Lender A has a first registered charge over the existing lease and lender B has registered a unilateral notice and restriction to protect a charge over the existing lease.
Whilst I can obtain a deed of substituted security for lender A to register against the new lease, what is the best way to protect lender Bs interest, presuming they don’t want to register a second legal charge?
The new lease is a voluntary extension of the term of the existing lease.
Adam: If you are intending to register an extension of an existing lease, which would mean that the existing leasehold
title will be closed, please see practice
guide 28: extension of leases. Section 2.3 sets out the evidence required
to deal with any incumbrances on the title before the existing leasehold title
can be closed.
If that is the case, we would normally expect to see a duly completed form
RX4 or RX3 to withdraw or cancel the
restriction from the existing leasehold title. If the restriction is to be entered in the new
lease, a completed form RX1 should
also be submitted with the application setting out the restriction required for entry in the new leasehold
title. Any notice that would not
usually prevent closure of the existing lease will be carried forward to the
new leasehold title, unless an application for its removal or cancellation is
submitted with the application. Natalie, Wedlake Bell: When applying to register easements and note a lease, do we only need to submit form AN1 for both of these as guidance suggests and if so, which transaction type do we choose to cover both? I've always understood it to be £20 for both registering easements and noting a lease but when chosen separately, it indicates £20 for each.
Adam: Enter the transaction as an agreed notice but ensure that you make it clear in panel 8 of the AN1 what you are applying for.
For example: Suggested wording for panel 8 of form AN1: “Note the lease dated [date] and register the easement(s) contained therein”
Please see Digital Registration Service – Registering easements in a noted lease for more information.
This should ensure that only one fee is charged. Anonymous: We've had a number of matters now where we have made an application to discharge a charge in favour of a private charge holder or a lender who is not a major UK bank or building society using DS1 and the Land Registry has served notice of the application to discharge on a third party. On our latest matter neither the first charge (major lender) or second charge (private charge holder) are protected by restriction and the private charge holder is represented/we've provided ID1. This seems to be new but I cannot find anything in the PGs about serving notice on receipt of a DS1. Can you clarify please?
Adam: We carry out certain checks when completing any application to update the register. Your own checks and identity verification/assurances do not negate the need for us to complete those checks and nor does the presence of, or lack of, a protecting restriction.
We have been carrying out these for some years – please see our news story from 2018 Extra checks make form DS1 more secure for more information on this.
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