How to avoid HM Land Registry requisitions: Errors in lodging applications electronically


welcome to our guidance video for
conveyancers that explains how you can avoid requisitions when lodging applications electronically this is one of eight videos that
examine the problem its impact and action you need to take Land Registry’s electronic document registration
service commonly called EDRs enables business gateway and portal customers to submit dealings of whole
transfers of part and lease applications electronically these must be supported by scanned versions of
original documents and other relevant documents the service is very popular with our customers who now submit the majority of
registration applications electronically however customers who use these online services
do not always lodge applications correctly we receive applications with errors each day which can lead to a delay in registration completion let’s go through some of the most common
errors in detail poor quality scanned images we use the documents you lodge to make
official copies in the future clear and legible documents can prevent
registration errors this includes file deeds
if we consider an image to be of poor quality we will ask you to make
and lodge a new copy multiple documents in one scanned file each attachment to an application must
comprise one document only if you lodge multiple documents as
a single attachment we will ask for these to be re-lodged as
separate documents and each one will require re-certification Deed plan lodged as a separate attachment plans lodged as a separate attachment to
the deed will not be accepted all plans lodged for registration must be attached to the deed documents not certified please consider the certification you
select carefully a document should not be given the
status of not certified if it is of a type that should normally
be certified documents with missing pages or otherwise incomplete or with discrepancies have to be returned for amendment please check documents both before and after scanning any plan that requires an
amendment must be signed and the customer must re-scan the whole deed as
per Rule 213 of Land Registration Rules 2003 applications made against the wrong title please take care to include all
appropriate titles on your form AP 1 this problem is not restricted to
applications lodged electronically where a transfer of part for example grants
easements over land not in the seller’s immediate title make sure to give all the other titles
burdened by the easement the grant of an easement is a registrable disposition
and where the servient land is registered it does not operate at law unless
completed by registration and the section 21–7 of Land Registration Act
2002 this means that unless the registration
requirements are fulfilled the easement fails to be a legal easement and takes
effect as an equitable easement normally on transfers of part the
benefiting land is the new title and the burden land is the seller’s title
registration requirements are fulfilled as the application to register the
transfer is made on form AP1 however where an easement granted in a
transfer Falls wholly or partly over other registered land of the seller like
land outside their registered title but in their ownership we will only make an entry in the
register of the seller’s other title if the affected title number is listed in
panel 2 of your AP1 or a separate accompanying application is made on form AP1 it is not sufficient for any additional title numbers to be merely referred to in panels 1 or 2 of the TP1 this is not necessarily a requisition point but lodging an application correctly can help avoid further applications to be made to put matters right applications should be made
against all the titles affected such as on determination of a leasehold title application it should be made against both landlords
and tenants titles similarly when applying to register a
deed of grant of easements you must apply against the dominant and
servient titles priority for an application is only secured by lodging the correct application types against
correct title numbers if applications are lodged incorrectly they may need to be cancelled and retaken in with a later priority date with some applications sent via the portal we may be able to recapture an
application against the correct title but in others like business gateway
applications you will always be asked to resubmit a fresh application against the
appropriate titles wrong type of application made we see Transfers of Part and Dispositionary First Lease applications lodged as Dealings of whole and Dealings of Whole lodged as Dispositionary First Leases our portal gives options for different application types generally we believe incidence of
incorrect lodgement are reducing as you become more familiar with our systems
but care is still required you can get more information about how to lodge applications electronically from our website

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