Anonymous: If a registered proprietor whose property is mortgaged enters into a deed of covenant creating a restrictive covenant over the property in favour of their neighbour but does not secure the consent of their mortgagee, will the Land Registry note the restrictive covenant on the title on an application in form AN1 by the neighbour? Does it make any difference for this purpose if there is the usual restriction on the title to the effect that no dispositions are to be registered without the mortgagee’s consent?
Adam: Yes, a deed of covenant can generally be protected by an agreed notice, provided it creates a proprietary interest and does not fall within the exceptions outlined in section 33 of the Land Registration Act 2002 (LRA 2002).
A restriction in the register (which is likely to be in Form P in these circumstances) will not prevent the AN1 being completed as it is not a ‘disposition’. However, we are likely to inform the lender of the entry.
Anonymous: Two directors in the firm are the executors of the estate of X and have obtained official copies of a property X owned with his ex-partner, Y. The property register shows that it is registered in the names of X and Y as joint tenants.
Z (daughter and attorney of X) has told us that the JT was severed during X’s lifetime (2 weeks prior to X's death). We have been in touch with the solicitor who did this and they have provided us with the Notice of Severance and evidence of it being served on Y. The severance was signed by Z in her capacity as attorney of X and Z also signed a SEV which was not submitted to the LR by her solicitors prior to X's death.
We are unsure of the steps now needing to be taken (and by whom) to effect registration of the severance and the documentation required by the Land Registry, given the death of X.
Please can you assist?
Adam: You can
make an application to update the register re the death of X and the severance
as appropriate. Form DJP plus certified copy of the death certificate for the
former. And form RX1 or form SEV and supporting evidence as appropriate for the
latter.
As to who
makes the application that would be a matter for you, the executors of X and
the surviving joint owner Y or their attorney Z.
Section 3
of practice guide 24 explains
how to apply to register restrictions to protect a private trust and section
8.10 refers specifically to severance
of an equitable joint tenancy.
See GOV.UK for more information and videos relating to
updating property records when a proprietor has died. Anonymous: What is the best way to deal with interests that are being transferred for no value to avoid a requisition asking for the value? For example, freehold reversions subject to long leases or others where the clients are able to tell us the value is definitely under £100,000 but have not had formal valuations. Should we just assign a nominal £1 value?
Adam: No, you must not assign a nominal value unless that is the actual consideration. For illustrative purposes, if using a TR1 you would complete panel 8 by selecting the second box to confirm the transfer is not for money or anything that has monetary value, if that is the case.
However, we still require the value for fee calculation purposes and to allow us to fulfil, where practicable, our duty to enter the price paid or value declared for the registered estate under rule 8 of the Land Registration Rules 2003.
If you consider it necessary, you may wish to explain what the value is and why you are paying the stated fee under the fee order. If the precise value cannot be provided you can confirm, if such be the case, that the value is ‘less than £100,000’.
Anonymous: For Land Registry purposes what is the status of a person registered in the Ownership Register under the Commons Registration Act 1965 as owner of a village green? What, if any, evidence would be required to register the title at the Land Registry bearing in mind that there is likely to be little documentation and the person registered as owner would not – by definition – have exclusive possession? The CRA owner in this case being a Parish Council.
Adam: Registration under the Commons Registration Act 1965 (CRA 1965) is not
conclusive proof of ownership of land. In most instances, we will still require
the usual documentary evidence of title (see practice guide 1: first
registrations). If this is not available, we may be able to
consider an application based on lost title deeds (see practice guide 2: first
registration of title if deeds are lost or destroyed). There
is nothing express to say an individual cannot be in adverse possession of
common land. As explained in Powell v McFarlane (1977) 38 P & CR 452,
possession relates to an appropriate degree of physical control depending on
the nature of the land. However, if a person is registered as owner of land
under the CRA 1965, there is case law to suggest they cannot be in possession
of the land (Co-operative Wholesale Society Ltd v Twin Rivers Parish Council
(16 March 1987, unreported)).
The only exception to the above is where the land vested in a
local authority or parish council under s8(4) CRA 1965. In those circumstances,
we may register based on the CRA 1965 registration alone. However, as it is
unclear whether such vesting divests another person of their estate, we can
only register the local authority with qualified title. Anonymous: I am dealing with a lifetime settlement created by Mr & Mrs K in 2017. In the settlement, Mr and Mrs K appointed Mrs B as the sole trustee. The title to the property which was subject to the terms of the settlement was transferred to Mrs B in 2017. Mrs B moved to Spain in 2018, so the settlement became resident offshore after 6 months of her move. Mrs K died in 2024. Mr K had power in the settlement to remove trustees and appoint new trustees, and duly did so in 2024, when he removed Mrs B, and appointed Mrs AK and CTC in her place. Mrs AK and CTC used their power to appoint the property out of the settlement to Mr K absolutely in 2025. The property remains in the name of Mrs B, and she does not appear to be willing to provide any assistance with transferring the property into the name of Mr K. Ordinarily, Mrs AK and CTC would lodge the Deed of Removal and Appointment of Trustees at HM Land Registry under s.40 Trustee Act 1925 automatic vesting rules. However, I understand that Mrs B's identification would be required to be verified, or an ID5 submitted. At this stage, this is unlikely to be possible. Therefore, my question is, can Mrs AK and CTC lodge the deed at HM Land Registry without identification for Mrs B, as automatic vesting should apply, together with evidence that the property forms part of the settlement and that Mr K was entitled to remove Mrs B as a trustee of the settlement, and appoint Mrs AK and CTC as trustees?
Adam: Your enquiry is a very specific one and best answered with an understanding of the property and title number(s) involved. This type of enquiry is best raised through our Ask for Guidance service.
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