Practice guide 50: requisition and cancellation procedures
Updated 19 December 2023
Applies to England and Wales
Please note that HM Land Registry’s practice guides are aimed primarily at solicitors and other conveyancers. They often deal with complex matters and use legal terms.
1. Introduction
This guide gives advice on how to avoid requests for information (requisitions) on applications and our procedures where they do need to be raised, including the way we apply rule 16(2) of the Land Registration Rules 2003 under which the registrar may extend the period to comply with a requisition or may cancel an application for failure to comply. Application checklist: avoiding requisitions gives examples of common requisition points and tips on how to avoid them. The tips also include information where a requisition is unavoidable.
The defects in some applications mean that we are unable to begin working on them until the outstanding matters are resolved. Where we consider an application to be so defective we will reject or cancel the whole application under rule 16(3) of the Land Registration Rules 2003 rather than raise a requisition. Practice guide 49: return and rejection of applications for registration contains tips to help customers lodge applications correctly and avoid rejection or cancellation of an application as defective.
The forms prescribed by the Land Registration Rules 2003 are for use in applications received by us. This guide aims to help you use the right form. View all HM Land Registry forms.
2. Requisitions and time to reply
Informal telephone or email requisitions may be raised initially if related to a requisition point that can be dealt with quickly and easily. These requisitions will be held over for a maximum of three working days and if no response is received then a formal requisition will be issued, either in paper form, by email or by an alternative electronic means of delivery, such as via Business Gateway.
For each application lodged using the HM Land Registry portal we will use the email address supplied at the point of submission, unless we have a specific request to use alternative or additional addresses. If the email address supplied at the point of submission differs from the email address in an application form we will use the email address supplied on submission. We understand that circumstances can change so if you need us to use an alternative email address while an application is still pending, please let us know using the ‘reply to requisition’ function in the portal.
We will ensure that customers are aware of the requisitions affecting their application and when the application will be cancelled if we do not receive a full reply. The formal requisition we raise will:
-
explain what we need
-
ask you to reply as soon as possible
If a full reply to our requisition has not been received we will send a reminder before the application is due to be cancelled, provided either:
-
the customer is a member of the public, or
-
where the customer is not a member of the public, that an email address has been supplied (at the point of submission for an application made using the HM Land Registry portal or in the contact details of the application form for any other type of application), or there is an alternative electronic means of delivery, such as Business Gateway
and:
- the application is not holding up an expedite case, where time is of the essence and so a reminder will not normally be issued
For the purposes of rule 16(2) of the Land Registration Rules 2003 the specified period within which the requisitions must be complied with is 20 working days from the date of the requisition, but for most applications we allow a longer period of 60 working days. The warning of cancellation is normally sent after 40 working days and explains how you can request an extension of time if you are still unable to reply fully in that time.
In some circumstances, for example when a later application is being expedited, we may send a reminder at any time that the requisition remains outstanding and specify a 20-working day period within which it must be complied with.
If you are a Business e-services customer remember that in most cases you can save time by sending your reply electronically via the HM Land Registry portal or Business Gateway as the case may be. See HM Land Registry portal: reply to requisition. Alternatively, you can reply to requisitions using the View Applications function.
If you are not a Business e-services customer and need to send in a document with your reply you must send the document to us using the appropriate standard address – see our guidance HM Land Registry address for applications.
We will cancel the application in its entirety if we do not receive a full reply and a successful application for an extension of time to reply is not made. However, if the application includes a discharge of a registered charge in addition to other transactions and evidence of the discharge has been lodged, we will complete the discharge. We will also complete so far as possible the accompanying transactions. Thus, if an application is received to discharge a registered charge and register a transfer and a new charge but there is a problem which cannot be resolved in respect of the registration of the new charge, we will complete the discharge and register the new transfer but cancel the application so far as it relates to the charge. If there is a problem with the transfer which cannot be resolved, we will not register the charge.
We may need to ask you to produce additional documents or evidence before we can proceed with or complete your application. We cannot always anticipate what extra documents or evidence we may need so please treat the guidance in this and our other practice guides as indicating only our usual requirements. Sometimes you may need the cooperation of someone else to meet our requirements, such as the person who made the disposition you are applying to register. The full or limited title guarantee a seller usually provides when they transfer land or property includes a promise to help a buyer meet our requirements.
3. Applying for an extension of time
The majority of requisitions raised are dealt with in a few weeks. We would like a full reply as soon as possible, but we recognise that you may not always be able to reply quickly. If we will be sending you a warning of cancellation letter (see Requisitions and time to reply) you do not need to contact us to request an extension of time until you receive that letter.
Discharge of charges explains that we will not normally requisition for evidence of discharge of a registered charge when this is not lodged with an application and so will not extend the time to allow this evidence to be lodged. The section also explains what we will do if we raise a requisition for evidence of discharge of a registered charge and a subsequent request for an extension of time is made.
For requisitions other than for evidence of discharge of a registered charge we will allow an extension where the delay in replying is explained in writing, provided the request is reasonable, you satisfy us that the matter is being actively pursued and there is a realistic prospect of resolving the problem within a reasonable period. We will normally cancel an application if this is not done.
If you are a Business e-services customer you must request more time to reply by using the Reply to Requisition service in the portal or via your case management system if you are a Business Gateway user. For guidance on applying for an extension using the portal see HM Land Registry portal: reply to requisition.
If you aren’t a Business e-services customer, you can contact us.
When you need an extension, your request must:
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not be made more than 10 working days before cancellation is due
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be in writing
-
state the reason for the delay
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explain what actions you have taken to resolve matters and when
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provide documentary evidence that shows the matter has been actively pursued throughout the period of the requisition when the delay is with a third party
-
say when you expect to be able to send us a full reply to the requisition
We will normally extend the time for reply by 10 working days. We will consider requests for longer extensions on their merits.
When the time is extended, we will always confirm this in writing and confirm the revised date of cancellation should no reply be received.
See Reasons for delay for examples of when we will normally give or refuse an extension. These are examples, not fixed rules. We will treat each application on its own merits.
4. Discharge of charges
Where an application to discharge a registered charge is accompanied by other applications, for example to register a transfer and new charge, and is not preceded or accompanied by proof of satisfaction of the charge, we will not normally raise a requisition for this but will register the other applications and leave the entries relating to the charge subsisting in the register. This is known as ‘early completion’ and is explained in more detail in practice guide 31: discharges of charges.
If requisitions arise in respect of the other applications, we will include a reminder that evidence of the discharge has not been lodged. If the requisitions relating to the other applications are complied with but production of the evidence of discharge remains outstanding we will complete the application, leaving the entries relating to the charge subsisting in the register. Once the other requisitions have been complied with we will not extend further the period for production of evidence of discharge.
If there is a restriction in favour of the existing chargee which catches the accompanying applications, we will requisition for either evidence of discharge of the charge or compliance with the terms of the restriction. In this situation we will consider a request for an extension of time.
When applying for an extension you should:
- ask for this in writing
- show that you are actively pursuing the matter, and
- show that the lender is causing the delay
The extension will be for a further 10 working days.
5. Reasons for delay
The following are examples of when we would normally allow or refuse an extension. Each application will be considered on its merits.
5.1 Extensions normally given
We will normally allow an initial extension of 10 working days in the following circumstances.
Situation: Re-execution of deeds required and parties are difficult to contact or are unavailable due to illness.
Our view: This may well lead to a delay and we would normally allow an extension.
Situation: Consent of restrictioner required and the parties are difficult to contact or are unavailable due to illness.
Our view: This may well lead to a delay and we would normally allow an extension.
Situation: A deed is still with HM Revenue & Customs or the Welsh Revenue Authority for adjudication.
Our view: We know that some adjudication cases can take some time to complete. We will allow an extension. We may ask for copies of the most recent correspondence with the relevant revenue authority.
Situation: A deed has been lost.
Our view: Please explain the position fully and indicate whether you expect to be able to draw and execute a duplicate deed or supply evidence such as a statutory declaration or statement of truth, see practice guide 73: statements of truth.
Situation: A practitioner has just inherited files from a failed or intervened practice.
Our view: The practitioner will require extra time to get familiar with the case.
Situation: The delay is caused by a third party who has either not responded or is not able to deal with the matter before the cancellation date.
Our view: We know that sometimes the delay is beyond your control. We will normally allow an extension if you provide documentary evidence of the actions you have taken and when you have taken them. The evidence must show the delay in resolving the matter was caused by a third party and you have actively pursued them. We expect you to have followed it up with the third party several times in advance of receiving our letter sent on day 40 warning you of cancellation and during the period leading up to cancellation on day 60.
You may be concerned that by providing this evidence you would be passing on personal information. Data protection law allows us to use your personal information for our official purposes and any personal information supplied will be handled in accordance with our personal information charter.
Further requests for extensions will be considered provided you supply updated details of the action taken.
5.2 Extensions normally refused
Where these reasons are given, we will normally refuse an extension and the application will be cancelled on the date given in our last letter.
Situation: A deed has been sent abroad and has not been returned.
Our view: In view of modern posting methods, we consider that the 60 working days originally given is sufficient if the matter is being actively pursued. However, we will normally allow an extension if some form of foreign law is involved, for example power of attorney or counsel’s opinion and that is what is causing the delay.
Situation: A Land Charges search has not been sent.
Our view: We supply a quick turnaround for Land Charges searches. The 60 working days originally given is sufficient if the matter is being actively pursued.
Situation: The person dealing with the matter is absent from the office.
Our view: Normally we would expect the absence to be covered to allow matters to proceed, unless the person is the sole practitioner in a firm and a secretary or equivalent cannot comply. Where someone has died or unexpectedly left we would normally give a short extension to allow someone else to become familiar with the matter.
6. Application checklist: avoiding requisitions
6.1 Application forms
Requisition
Not all relevant panels of application form complete.
Tips
Our series of guides on specialised transactions usually specify the application forms required, for example practice guide 21: transfer forms for complex transactions.
All HM Land Registry forms and practice guides are available free of charge.
For information on reproducing forms electronically contact our Forms Unit at HM Land Registry Head Office, Trafalgar House, 1 Bedford Park, Croydon, CR0 2AQ or DX 8888 Croydon 3; tel: 0300 006 7405; email: [email protected].
Form DL is available for creating a schedule of documents.
Use form CS for continuation sheets if using pre-printed forms.
Requisition
Applications that are not made on the correct application form as listed below:
- first registrations (including registration of leases where the reversion is wholly or partly unregistered) not lodged in form FR1 accompanied by a schedule of documents
- leases where the whole of the reversion is registered but not lodged in form AP1
- caution against first registration not lodged in form CT1
- cancellation of a caution against dealings not lodged in form CCD.
- cancellation of a caution against first registration not lodged in form CCT
- withdrawal of caution not lodged in form WCT
- discharge of whole of a charge as a sole application not lodged in form DS2, form DS2E or form AP1
- deed of variation of lease not lodged in form AN1 unless it acts as a surrender and re-grant (these applications must be lodged in form AP1)
Tip
For details about when a deed of variation acts as a surrender and re-grant, see Deeds of variation of lease.
- unilateral notice not lodged in form UN1
- removal of a unilateral notice not lodged in form UN2
- application to be registered as beneficiary of an existing unilateral notice not lodged in form UN3
- cancellation of a unilateral notice not lodged in form UN4.
- cancellation of a notice (other than a unilateral notice) not lodged in form CN1
- agreed notice not lodged in form AN1
- notice of home rights not lodged in form HR1
- renewal of registration of a notice or a caution in respect of home rights not lodged in form HR2
- registration of a person in adverse possession under Schedule 6 to the Land Registration Act 2002 not lodged in form ADV1
- registration of a person in adverse possession under Schedule 12 to the Land Registration Act 2002 not lodged in form AP1
- registration as a person to be notified of an application for adverse possession not lodged in form ADV2
- application to enter an obligation to make further advances not lodged in form CH2 unless it is applied for in either panel 8 of form CH1 or a form of charge approved by our Commercial Arrangements Section at HM Land Registry Head Office
- application to note agreed maximum amount of security not lodged in form CH3
- application to determine the exact line of a boundary not lodged in form DB
- application to enter a restriction not in form RX1 or form SEV unless it is a standard form of restriction applied for in either:
- the additional provisions panel of a prescribed form of transfer or assent or in panel 8 of form CH1
- a form of charge approved by our Commercial Arrangements Section at HM Land Registry Head Office
- clause LR13 of a lease containing clauses LR1 – LR14 of Schedule 1A to the Land Registration Rules 2003 (for leases dated on or after 9 January 2006)
- if a court orders the entry of a restriction under section 46 of the Land Registration Act 2002, applications must be made in form AP1
- application for an order that a restriction be disapplied or modified not lodged in form RX2
- application to alter the register under Schedule 4 paragraph 5(b) to the Land Registration Act 2002, not lodged in form AP1 (these applications may give rise to an alteration of a restriction and should not be confused with applications in form RX2)
- cancellation of a restriction not lodged in form RX3
- withdrawal of a restriction not lodged in form RX4
- noting the overriding priority of a statutory charge not lodged in form SC
- upgrading of title not lodged in form UT1
- application to register a transfer, assent or charge or other transaction (of part or whole) for which no other application form is prescribed should be lodged in form AP1 except:
- an application to remove the name of a deceased joint proprietor from the register
- electronic applications made under rule 14 of the Land Registration Rules 2003
6.2 Stamp Duty Land Tax and Land Transaction Tax
Stamp Duty Land Tax (SDLT) applies to most transactions relating to land in England and transactions relating to land in Wales completed before 1 April 2018. Land Transaction Tax (LTT) applies to most transactions relating to land in Wales completed on or after 1 April 2018.
Where land falls partly in England and partly in Wales, the transaction will be treated as if there were two transactions and the consideration is to be apportioned between the two transactions. If the consideration for each transaction requires notification to HM Revenue & Customs (HMRC) and the Welsh Revenue Authority (WRA), both authorities will issue a land transaction return certificate.
There will be cases where the cross-border transaction will include land in Wales or England that is not notifiable to either HMRC or the WRA (or potentially both). In these cases it will be necessary for the conveyancer to notify HM Land Registry when lodging the application that there is only one certificate (or no certificates) because the consideration given for the land in one country, or in both tax jurisdictions, is not notifiable to one, or both, tax jurisdiction(s).
Requisition
A transaction is lodged without a land transaction return certificate (SDLT5 or Land Transaction Tax certificate) or SDLT submission receipt or an explanation as to why one or both is not required.
Tips
An SDLT 5 certificate or submission receipt or LTT certificate is not required in respect of:
- a legal or equitable charge, a discharge or any deed solely affecting a charge or the priorities of charges
- a transfer under which no beneficial interest passes, including transfers:
- to give effect to the appointment of new trustees
- in connection with the retirement of a trustee
- by a nominee (such as a bare trustee) to a beneficiary
An SDLT 5 certificate or submission receipt is not required for the following transactions provided they were completed on or after 12 March 2008:
- an acquisition (other than the grant, assignment or surrender of a lease) where the chargeable consideration for that acquisition (together with any linked transaction) is less than £40,000. Examples include transfers of freehold land and deeds of gift.
- the grant of a lease for 7 years or more where the premium is less than £40,000 (for leases dated before 1 April 2016, the annual rent also had to be less than £1,000 to not require notification to HMRC)
- the transfer, assignment or surrender of a lease where:
- the lease was originally granted for a term of 7 years or more
- the consideration for the assignment or surrender, other than any rent, is less than £40,000
- the grant, assignment or surrender of a lease for a term of less than 7 years where the premium does not exceed the zero-rate threshold
An LTT certificate is not required for the following transactions:
- an acquisition (other than the grant, assignment or surrender of a lease) where the chargeable consideration for that acquisition (together with any linked transaction) is less than £40,000. This includes, for example, transfers of freehold land, deeds of gift and deeds of grant of easements. This covers the noting of interests as well as their substantive registration
- the grant of a lease for 7 years or more where:
- the chargeable consideration other than rent is less than £40,000 and
- the annual rent (or chargeable proportion of the annual rent) is less than £1,000
- the assignment or surrender of a lease where:
- the lease was originally granted for a term of 7 years or more, and
- the chargeable consideration for the assignment or surrender, other than any rent, is less than £40,000
- the grant, assignment or surrender of a lease for a term of less than 7 years where the chargeable consideration for the grant, assignment or surrender does not exceed the zero-rate threshold
If a contract affecting land in Wales was entered into before 17 December 2014 but completion took place on or after 1 April 2018, SDLT evidence will be required, if applicable, provided it is not a transaction excluded by section 16(6) of the Wales Act 2014.
Requisition
A transaction that relates to multiple properties without a Land Transaction Return certificate schedule.
Tip
We can accept a photocopy of the Land Transaction Return certificate schedule.
6.3 Discharges
Requisition
Discharge is in the wrong form.
Tips
To discharge a charge from the whole of a title use form DS1.
Where the lender has transmitted an END to us, endorse your application form ‘Discharge by END’ or ‘Discharge (END)’ in the ‘Application, Priority and Fees’ panel.
To release part of a title from a registered charge use form DS3.
If we have supplied the lender with a facility letter covering execution, its date must be quoted in the appropriate panel on form DS1 or DS3.
Requisition
Form DS1 execution is not standard.
Tip
Where execution is not standard and a facility letter does not apply, provide evidence to account for this, for example a certified copy power of attorney.
Requisition
Form DS3 does not identify part of land released.
Tip
The land being released must be clearly identified either by an accompanying plan or by reference to colouring on the filed plan
Requisition
Form DS3 lodged as consent to the grant of a lease of part.
Tip
If a chargee consents to the grant of a lease of part a consent is usually more appropriate than a form DS3.
See practice guide 31: discharges of charges) for more information.
6.4 Missing deeds
Requisition
Devolution of title not lodged.
Tip
Ensure that documentation is lodged to show the chain of title between the persons in the register and the transaction you are applying to register, for example deed of appointment of new trustee or evidence of death
Requisition
Deed omitted from application.
Tip
If you are temporarily unable to lodge a deed, please explain why and supply a certified copy.
Requisition
Deed lost or destroyed.
Tip
If a deed has been lost or destroyed please provide a duplicate, or where this is not feasible, evidence to support its original existence.
Requisition
Full evidence of title not lodged on first registration.
Tip
The documentation lodged on first registration must tally with the statement in panel 12 of form FR1.
Requisition
Evidence of identity not supplied on first registration where deeds have been lost or destroyed.
Tip
See practice guide 2: first registration of title if deeds are lost or destroyed for guidance
Certified copies of transfers of part, leases and new charges not lodged.
6.5 Deeds requiring amendment
Requisition
Deed contains incomplete or incorrect clerical detail.
Tips
Please ensure that all clerical detail is correctly inserted.
Pay particular attention to dates, full names, title numbers and property descriptions, especially in charges.
6.6 Fees
Requisition
Non-payment or under-payment of fees.
Tips
Fees are ascertainable from the current Land Registration Fee Order, which is published by The Stationery Office, see HM Land Registry: Registration Services fees or use our fee calculator.
Make your cheque payable to ‘HM Land Registry’ and ensure that it is signed and dated (not post dated).
When we receive an application to change the register that is not accompanied by a fee, where a fee is payable under the current Land Registration Fee Order, providing no requisition points arise, we will contact the applicant by telephone, usually on the day of receipt, to request either remittance of the correct fee (if not already sent) or authorisation to use direct debit, if appropriate. If a cheque is required, the application will be held over for five working days from and including the day of the telephone call to await receipt. However, if a cheque is not received on or before the fifth working day then the application will be rejected.
6.7 Name and address omission or discrepancy
Requisition
No address for service provided on application form.
Tips
Please provide up to three up-to-date addresses for service (one of which must be a postal address but does not have to be within the United Kingdom) when required. Our application forms are designed to accommodate this. If you do not specify an address we may enter an address from an accompanying document, which may not be up to date. If the postal address provided is not within the United Kingdom you might want to consider also providing a care of address within the United Kingdom or an email address as post can sometimes be delayed when sent overseas.
Note: If address(es) for service change, please notify us. If the register does not show the latest address(es) for service, a party may not receive important notices or notifications from us and may suffer loss as a result.
Requisition
Names are not identical in deeds lodged together.
Tip
Please ensure that full names appear on all documents and that the spelling is consistent, for example, the purchaser’s names in a transfer agree with those in an accompanying charge.
Requisition
Names on deeds are not identical to those in the register.
Tip
Where there is a discrepancy between the names in the register and names in deeds being lodged either:
- amend the deed if it is incorrect
- confirm that the person named in the register is the same person as the one named in the deed, and where that person is to remain in the register, confirm that the name, as it appears in the deed, is the name that should appear in the register
Please provide evidence where a name has changed, such as a certified copy of a deed poll, birth certificate, marriage certificate or death certificate, or provide a certificate to confirm the details of the name change. In the case of a marriage or civil partnership such a certificate should include the names of the couple, to include the wife’s or civil partner’s former name, and the date and place of the marriage or civil partnership. We will, however, require a certified copy of a birth, marriage or death certificate if it is from outside the UK.
6.8 Consent, certificate or withdrawal required
Requisition
Consent or certificate in compliance with restriction not lodged.
Tips
Check your up-to-date official copies in advance for restriction details.
Transfers of purpose-built flats and houses on defined estates will often be subject to compliance with a management company restriction.
Requisition
Consent to restriction inappropriate.
Tip
Please account for any change to the name of a restrictioner from that given in the register.
Where a voluntary restriction is not intended to remain in the register after a sale it should be withdrawn using form RX4. A consent is insufficient to remove such a restriction.
6.9 Companies and corporations
Requisition
Evidence of constitution not supplied.
Tip
Where a non-English, Scottish or Welsh company is to be entered in the register as the proprietor of the land or of a charge, please supply evidence of constitution unless this has already been filed with our Commercial Arrangements Section at HM Land Registry Head Office.
Requisition
Certified translation of evidence of constitution lodged not supplied.
Tip
Please supply a certified translation when lodging the evidence of constitution of a non-English, Scottish or Welsh company, unless the original document is in English or Welsh.
Requisition
Company’s registered number not supplied.
Tip
Where an English, Scottish or Welsh company is to be entered in the register as the proprietor of the land or of a charge quote the company’s registered number – panels 6 and 10 of form AP1, panels 4 and 5 of form TR1 and panels 6 and 10 of form FR1 provide for this.
Requisition
Evidence of receivership or liquidation not lodged.
Tips
Transactions by corporations in receivership or liquidation must be supported with documentary evidence unless this has already been filed with our Commercial Arrangements Section at HM Land Registry Head Office.
Practice guide 35: corporate insolvency contains details on our requirements.
6.10 Extent problems
Requisition
Extent of plot on plan to deed does not agree with that shown on the approved estate layout plan.
Tip
As approved estate layout plans are subject to revision, ensure the deed plan is based on the current version.
Requisition
Extent shown on plan does not agree with the property description supplied in clause LR4 of a prescribed clauses lease.
Tip
Ensure that clause LR4 of a prescribed clauses lease is completed to account for all the land included in the application to identify any exclusions and to agree with plan.
Practice guide 64: prescribed clauses leases provides further information about prescribed clauses leases.
Requisition
Floor levels are not clear in plans relating to flats and other parts of buildings.
Tip
Ensure floor levels on plans are clearly defined and correspond with verbal references in the deed.
Ensure any edgings are not too thick and do not obscure any other detail on the plan. On a small-scale plan thick lines can be several metres across on the ground.
Requisition
On first registrations where the extent on the plan:
- cannot be related to the Ordnance Survey map
- is not clearly defined, for example by edging, colouring or hatching
- includes land already registered
Tip
Ensure any edgings are not too thick and do not obscure any other detail on the plan. On a small-scale plan thick lines can be several metres across on the ground.
Check the extent against the result of your search of the index map (form SIM).
Requisition
On first registrations plans that bear the following (or similar) statement of disclaimer, for example:
‘Note: This plan is for reference only and although believed to be correct, its accuracy is in no way guaranteed and it is expressly excluded from any contract.’
Tip
We will accept a disclaimer that appears on deed plans created by National Grid Gas plc (Co Regn No 2006000) (formerly Transco plc) where the disclaimer relates to the positioning and/or existence of pipes, equipment and so on.
Requisition
On first registrations where a marking or colouring referred to in the text of a deed has been omitted from the plan.
On first registrations where plans have been reduced from their original scale but still bear the original scale endorsement.
Tips
Please prepare any plan for a new deed or application having regard to the following guidelines practice guide 40: HM Land Registry plans - guide overview:
- draw and show to its actual scale
- show its orientation (such as a north point)
- use preferred scales of 1/1250 - 1/500 for urban properties
- do not base on a scale of imperial measurement (for example, 16 feet to 1 inch)
- do not reduce in scale (see practice guide 40: HM Land Registry plans - guide overview
- do not mark or refer to as being for identification only
- do not show statements of disclaimer used under the Property Misdescriptions Act 1991
- show sufficient detail to be identified on the Ordnance Survey map
- show its general location by showing roads, road junctions or other landmarks
- show the land of the property including any garage or garden ground
- show buildings in their correct (or intended) position
- show access drives or pathways if they form part of the property boundaries
- show the land and property clearly (for example by edging, colouring or hatching)
- have edgings of a thickness that does not obscure any other detail
- show separate parts by suitable plan markings (house, parking space, dustbin space)
- identify different floor levels (where appropriate)
- show intricate boundaries with a larger scale or inset plan
- show measurements in metric units only, to two decimal places
- show undefined boundaries accurately and, where necessary, by reference to measurements.
- show measurements that correspond, so far as possible, to scaled measurements
6.11 Deeds of variation of lease
Requisition
Deeds of variation of lease that act as a surrender and re-grant not lodged in form AP1.
Tips
Deeds of variation of lease that lengthen the term or add land to the demise generally act as a surrender and re-grant. If this does not apply to your deed, please explain why quoting the relevant authority in support.
If the deed of variation acts as a new lease, you must lodge the usual requirements for registering a dispositionary first lease:
- completed form AP1 quoting the lessor’s title number
- fee for surrender and re-grant (if applicable)
- consents from beneficiaries of a unilateral or agreed notice, restrictioner and so on
- a certified copy of the existing original lease, and discharge/withdrawal of any encumbrances on that title
6.12 Execution of deeds
Requisition
Signature not witnessed.
Tip
Each signature needs to be separately witnessed.
Requisition
Authority to execute not supplied.
Tip
Where a deed has been executed on behalf of a party please supply evidence of authority, for example:
- grant of probate or letters of administration
- appointment of Trustee in Bankruptcy
- special resolution of the board
- deed of incorporation of non English, Scottish or Welsh company
- certified copy of power of attorney
- appointment of Public Trustee
- copy of an HM Land Registry letter stating that evidence has already been filed with us and need not be produced.
Requisition
Deed has to be executed by donor where they have appointed another joint proprietor as attorney.
Tip
Certain requirements apply where a joint proprietor is acting as an attorney for the other joint proprietor(s).
See also:
6.13 Joint proprietorship
Requisition
Application does not state if a tenants in common restriction in Form A (Schedule 4 to the Land Registration Rules 2003) is required.
Application gives conflicting information about whether a Form A restriction is required.
No evidence of receipt of a notice of severance of joint tenancy.
Deed has to be executed by donor where they have appointed another joint proprietor as attorney.
Tips
When applying to register joint tenants, ensure that your application states the nature of the joint tenancy. Panels are provided for this on some forms (for example, panel 10 on form TR1, panel 9 on form FR1, panel 10 on form AS1 or clause LR14 of a prescribed clauses lease).
Ensure that the information in these panels does not conflict with any other information you supply. A restriction may be entered without further consultation if there is a conflict.
Ensure that any notice of severance is endorsed as received by the recipient.
Certain requirements apply where a joint proprietor is acting as an attorney for the other joint proprietor(s). Practice guide 9: powers of attorney and registered land explains our practice.
6.14 Land Charges searches
Requisition
A full Land Charges search result has not been lodged in respect of the purchaser’s immediate vendor or lessor.
Tip
We require Land Charges search results against the purchaser’s immediate vendor or lessor and all other estate owners since the last conveyance on sale. Such search results must:
- cover the period in years during which the estate owners owned the land
- have been made in respect of the county or administrative area in which the land falls. Where this has changed, any former county or area name must also be included
Requisition
Entries on a Land Charges search result need to be certified as not affecting.
Tip
Where entries are revealed on a Land Charges search, they must be certified as not affecting the property being registered, if this is the case.
6.15 Powers of attorney
Requisition
Power of attorney not lodged with application.
Tip
With the exception of applications lodged by members of the public, applications that must be accompanied by a power of attorney or a conveyancer’s certificate in form 1 in Schedule 3 to the Land Registration Rules 2003 (as amended) may be rejected if the necessary power or certificate is not provided at the time of lodgement. For our requirements please see practice guide 9: powers of attorney and registered land.
7. Things to remember
We only provide factual information and impartial advice about our procedures. Read more about the advice we give.