The time limit prescribed for submission of application of registration should be complied with. This time limit and the effect of non-compliance depend on whether it is the first registration or whether registration is for land that is already registered. This article explains the effect of registration.
In the case of an unregistered land, the prescribed time limit is two months, failing which the transfer becomes void. However, in the case of registered land, it is suggested that the transfer is registered within the priority period of 30 days given by the pre-completion Land Registry search. Failing to do so, could result in the buyer losing his priority in favour of another application.
Registration of dealings
In the case of registered land, it is important that the deal is registered within the priority period of 30 days and must be made in the right application form. This form should be accompanied by documentation fee and must be made to the right Land Registry Office. This application should be received by the Land Registry Office by 9.30 am of the day, protection provided by the applicant’s search expires. This is done so as to protect the applicant’s search interest over registration of other interests. The priority cannot be extended and a failure to register his interest may result in the buyer ceding his interest in favour of another applicant.
The Land Registry has been following a new policy of early completion since August 2009. Thus, applicants while make application for other registrations should also apply for the discharge of the whole of a registered charge. This is to be made even when the evidence of satisfaction of the charge is not supplied. The Land Registry may reject the discharge application but will complete the other applications. And when this happens, a buyer who purchases the property with a new mortgage becomes the new proprietor, even as the seller’s mortgage is still registered due to the fact that evidence of his discharge is not produced before the Registry. The buyer’s mortgage ranks well before the seller’s. When a restriction is placed by the lender on registering a new charge without the permission of the previous lender (until the mortgage is disposed), a proof must be produced that the charge is valid within 20 days (this can be extended up to 40 days on application). When this is not done, the applicant’s request for discharge, transfer and charge is cancelled by the Land Registry.
The Law Society’s Practice Note on ‘Land Registry Early Completion’ are referred to for further guidance on how to proceed if there is a likely delay in providing evidence. This note contains advice to conveyancing solicitors on this issue including additional undertakings and assurances.
Transfer of whole
Irrespective of the fact that the property is question is a freehold or leasehold, the following are the aspects that apply when the whole of the seller’s registered title is transferred. Ideally, an application for the transfer of the whole property should be made within 30 days of the date of issue of the pre-completion search certificate;
a) The transfer( a copy of this document is a must)
b) The required fees unless it is paid by credit account
Besides the above, the following documents (as applicable to the circumstances of the situation) should be submitted with the application;
c) DS1 form to prove that the seller’s mortgage is discharged. If the discharge is done through e-DS1 or other electronic form of discharge this form need not be submitted.
d) The mortgage deed to show that the buyer has the mortgage on the property and a certified copy of the same;
e) A certified copy of the grant of representation that shows that the seller was the personal representative of the deceased proprietor.
f) A power of attorney (the original) if the transfer was executed under a special power limited to the disposal of the property.
g) A certified copy of the power of attorney if the transfer was effected under a power of attorney that is not limited to the disposal of the property
h) SDLT certificate
i) Form DI
First registration of title
First registration of title should be applied for within sixty days of completion of transaction. The application form along with supporting documents and fees applicable should be paid at the Office of Land Registry. Photocopies of these documents must be listed on the DL Form and a copy of this form is returned to the applicant’s solicitor as an acknowledgement of the application. Along with this copy is provided an estimated time frame within which the application shall be dealt with. This time should be kept in mind by the conveyancing solicitor so as to send a reminder if the document is not received within that time period.
Documents that are to be submitted on application for first registration of title
The following discusses the documents that are required to be submitted to the Registrar so as to allow him to investigate the title on an application for first registration. These documents are to be arranged in a chronological order and must be listed in the same sequence as in DL Form. The list of documents is as follows;
a) All documents that form as evidence of title supplied by the seller’s conveyancing solicitor
b) The buyer’s pre-contract search results and evidence gathered by the buyer’s conveyancing solicitor relating to the title. This should also include further information and other correspondence related to the enquiry.
c) The contract
d) Requisition on title and their replies
e) All pre-completion search certificates
f) The transfer deed along with a certified copy
g) The seller’s mortgage that contains discharge receipt
h) The buyer’s mortgage documents with a certified copy
i) When the document is a leasehold, the original lease along with a certified copy
j) SDLT certificate
k) Cheque for fee
l) DI Form
Disclosing overriding interests
The application for registration should also be inclusive of completed DI Form to as to override any interests that may affect the title. These are then entered into the Register thereby ceasing to be overriding.
Identity requirements
Forms such as AP1, DS2, FR1 and other forms related to properties that are worth more than £5,000 in value must give details of the conveyancer involved in the transaction. And when it is not represented, evidence must be provided about the party’s identity.
Photo courtesy: Elliott Brown
