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NEWS
HM Land Registry has announced updates to two bankruptcy-related forms. Both form K16, used for official searches of bankruptcy entries in Land Charges Registers, and form K11(ADJ), used to cancel pending action entries related to debtor bankruptcy applications to the adjudicator, have been amended to reflect changes to the Land Registry's PO Box postal code address. These forms, applicable in England and Wales, will maintain their existing functions while incorporating updated contact information. Notably, form K11(ADJ) remains exclusively for canceling bankruptcy entries associated with adjudicator applications while cancellations for other Land Charges still mandates the use of alternative forms.
NEWS
HM Land Registry (HMLR) has published the first in a series of case studies, looking at queries handled by its expert Ask for Guidance team, on its blog.
NEWS
HM Land Registry (HMLR) has published on a blog post providing guidance on how to complete TR1 forms for distributions in specie (the allocation of non-cash assets in an existing form by a company). It is the latest in its series of examples of complex issues dealt with by its experts as part of its Ask for Guidance service. The guidance specifies that panel 8 should state 'This Transfer gives effect to the payment of a dividend in specie' and requires evidence of company authority for the transfer. HMLR confirms that it is also important to lodge evidence of the company’s power to make the transfer. This is likely to be within its articles of association, or by way of a special resolution, or by minutes of a board meeting, a copy of which should be uploaded with the application. HMLR confirms Scale 1 fees apply for dividend-related transfers, while Scale 2 fees apply for non-sale transfers based on certified estate value.
NEWS
HM Land Registry has launched new application programming interfaces (APIs) with RESTful architecture for Business Gateway customers, extending Digital Registration Service functionality from its online portal. The new APIs introduce automated digital checks that identify administrative errors such as incorrect names or title numbers before application submission, intended to reduce requisitions and delays. Implementation timing will vary depending on when individual software providers integrate the new APIs into their systems.
NEWS
HM Land Registry has opened a request to expedite process for applications where a delay would ‘hold up a transaction’, cause issues unrelated to ‘land transaction’ or it places a property sale at risk, for example, ‘a refinancing deal or development’. HM Land Registry has outlined the type of acceptable evidence to provide and how to use the HM Land Registry portal to request an expedite. All approved requests are aimed to be processed within 10 working days, subject to outstanding applications or requisitions that need to be finalised first.
Q&As
This Q&A assumes that the easement reserved is a legal easement and that the titles to both the dominant and servient tenement are registered. See: Checklist for the creation and registration of easements. An unregistered legal easement expressly granted or reserved before 13 October 2003 was capable of being an overriding interest under section 70 of the Land Registration Act 1925. A legal easement can also operate as an overriding interest under the Land Registration
NEWS
HM Land Registry has released a series, titled ‘Caseworkers’ Top 10 tips for tip-top applications’ to address some of the most common requisitions which delay applications for registration and are quick and easy to eliminate. These simple points are aimed at staff who are new to conveyancing or post-completion teams.
NEWS
HM Land Registry (HMLR) has published a new practice guide: Practice Guide 62A—Rights to light or air. HMLR has also updated five practice guides: Practice Guide 8—Execution of deeds, Practice Guide 19—Notices, restrictions and protection of third-party interests, Practice Guide 26—Leases: determination, Practice Guide 55—Address for service, and Practice Guide 82—Electronic signatures accepted by HM Land Registry.
NEWS
HM Land Registry (HMLR) has published a blog post, addressing common issues associated with easement applications, aiming to assist conveyancers and legal professionals avoid common pitfalls. The post confirms that as an easement constitutes a disposition, under the Land Registration Act 2002 (LRA 2002) it must be registered to operate at law. It also provides guidance on the correct procedures for submitting applications. Key points include using form AP1 (or AN1 for unregistered legal estates) and ensuring all affected registered title numbers are included in the application. The blog also highlights that failing to apply against all relevant titles can result in significant issues, potentially rendering easements unenforceable against subsequent purchasers. For prescribed clauses leases, HMLR confirms that it will only make an appropriate entry for easements granted that are referred to in clause LR11. Additionally, LR2.2 must specify the landlord’s title number and any other title numbers over which the easements in LR11 are granted. If LR2.2 is properly completed, there is no need to make a further application.
NEWS
HM Land Registry (HMLR) has published a blog post announcing two new enhancements to its portal service, aimed at improving user experience by saving time and providing clearer updates on application progress. Portal users can now view the number of applications with unresolved requisitions upon signing in. A panel at the top of the homepage links directly to a pre-filtered page displaying only the applications that require action. HMLR also plans to introduce an enhancement to its Estimated Completion Date (ECD) system in spring 2025 to provide more accurate timelines, particularly for complex updates to existing register titles. The update will calculate separate ECDs for both complex and standard executive register update applications, reducing the number of applications marked as 'exceeded' and decreasing the need for customers to call for progress updates.
NEWS
HM Land Registry (HMLR) has published a blog post on the distinction between an amalgamation and a merger. Amalgamation combines multiple land parcels under a single title, for amalgamation to proceed, the estates must be the same including tenure, the class of title must be the same and the proprietor must be the same and hold the estate in the same capacity. HMLR then assesses each case individually, prioritising applications benefitting multiple purchasers or addressing discrepancies. Conversely, a merger fuses two or more estates, such as leasehold into freehold, requiring both estates to be in the same ownership and held in the same capacity and there must be an intention that merger take place.
NEWS
HM Land Registry (HMLR) has published guidance on property boundaries and boundary disputes in England and Wales. It explains that title plans usually show only the approximate position of a boundary and cannot establish its exact legal position or settle a dispute. Owners should check the title register and deeds for further information, including any responsibility for maintaining a fence, wall or hedge. HMLR advises neighbours to seek agreement or consider mediation where a boundary is disputed. They may record a boundary agreement on the register or apply for a boundary to be formally determined, although the latter can be costly and may lead to tribunal proceedings if neighbours disagree.