Practice Guide 46 – Land Registry forms

Updated: October 2012

Update

This edition of the guide replaces the October 2011 edition. Amendments have been made as a result of the introduction of new promulgated form JO and amendments, under the registrar’s power in r. 207A LRR 2003, to the explanatory notes to dispositionary forms AS1, AS3, TP1, TP2, TR1, TR2, TR5 and application forms FR1 and ADV1 (prescribed by Schedule 1, LRA 2002) and to the explanatory notes relating to clause LR14 (prescribed for certain leases by Schedule 1A). The amendments relate to the completion of the declaration of trust panels.

Scope of this guide

This guide gives information about the forms prescribed by the Land Registration Rules 2003, which came into force on 13 October 2003. It lists the new forms alongside the old and gives information about when you should use them. The guide also contains information about obtaining or reproducing them. The guide is aimed at conveyancers and producers of commercial forms and you should interpret references to ‘you’ accordingly. Land Registry staff will also refer to it.

1 Abbreviations and terms used

In this guide:

‘conveyancer’ means an authorised person within the meaning of s.18, Legal Services Act 2007 who is entitled to provide the conveyancing services referred to in paragraphs 5(1)(a) and (b) of Schedule 2 to that Act, or a person carrying out those activities in the course of their duties as a public officer. It also includes an individual or body who employs or has among their managers such an authorised person who will undertake or supervise those conveyancing activities (r.217A, LRR 2003)

‘LRA 1925’ means the Land Registration Act 1925

‘LRR 1925’ means the Land Registration Rules 1925

‘LRR 1997’ means the Land Registration Rules 1997

‘LRR 1999’ means the Land Registration Rules 1999

‘LRA 2002’ means the Land Registration Act 2002

‘LRR 2003’ means the Land Registration Rules 2003.

2 Introduction

The LRR 2003, which came into force on 13 October 2003, prescribed a wide range of forms designed to assist you when applying to Land Registry. The forms are designed to continue the process of simplifying the conveyancing procedure – a process already begun by the LRR 1925, as amended by the LRR 1997 and LRR 1999.

The use of these forms, with the exception of form CH1, is mandatory and your application will be rejected or a requisition raised if you do not use them or use an incorrect form.

National Audit Office advice to government departments is to regularly review their forms. This we have done, which has resulted in many changes to the forms as a result of the Land Registration (Amendment) Rules 2008.

A summary of our practice regarding the incorrect use of forms is as follows.

• If you do not use an application form, we will reject the application.

• If you use the wrong application form, we will raise a requisition.

• If you use the wrong disposition form, we will raise a requisition.

• If you do not use the current version of a form, we will reject the application. This will apply to forms AP1, FR1 and DS2 immediately, and to other forms after 9 February 2009 with certain exceptions.

Full details of our procedures in this area are given in Practice Guide 49 – Return and rejection of applications for registration and Practice Guide 50 – Requisition and cancellation procedures.

3 The forms

The table below shows all of the forms prescribed by the LRR 2003 together with forms that we have promulgated to help our customers. The promulgated forms have been marked with asterisks in the table. Use of the promulgated forms is not compulsory. The table also shows any equivalent form under the LRR 1925 or, in the case of promulgated forms, the previous promulgated equivalent.

All the forms prescribed under the Land Registration Rules 2003 have been substantially updated from 10 November 2008, as a result of the Land Registration (Amendment) Rules 2008. An old form may only be accepted if it is expressly required by:

• an agreement entered into before 10 August 2008 2008 (the agreement must contain a complete copy of the old form)

• an order of the court, or

• an enactment (to claim this exemption it must be in a form that is expressly required under an Act, not merely granted pursuant to that Act, or containing particular provisions (such as easements) specified by that Act).

These exceptions do not apply to forms AP1, FR1 or DS2, and we will reject any application that uses an old version.

Form	Description	Old form equivalent
ACD*	Application for approval of a standard form of charge deed and allocation of official Land Registry reference	114
ADV1	Application for registration of a person in adverse possession under Schedule 6 LRA 2002	None
ADV2	Application to be registered as a person to be notified of an application for adverse possession	None
AN1	Application to enter an agreed notice	None
AP1	Application to change the register	AP1
AS1	Assent of whole of registered title(s)	AS1
AS2	Assent of charge	AS2
AS3	Assent of part of registered title(s) by personal representative	AS3
CC	Entry of note of consolidation of charges	None
CCD	Application to cancel a caution against dealings	None
CCT	Application to cancel a caution against first registration	None
CH1	Legal charge of registered estate (use of this form is not mandatory)	None
CH2	Application to enter an obligation to make further advances	113
CH3	Application to note agreed maximum amount of security	None
CIT	Application in connection with court proceedings, insolvency and tax liability	112A, 112B and 112C
CN1	Application to cancel a notice (other than a unilateral notice)	CN1
CS	Continuation sheet for use with application and disposition forms	CS
CT1	Caution against first registration	CT1
DB	Application to determine the exact line of a boundary	None
DI	Disclosable overriding interests	None
DJP*	Application to remove from the register the name of a deceased joint proprietor	83
DL	List of documents	DL
DS1	Cancellation of entries relating to a registered charge	DS1
DS2	Application to cancel entries relating to a registered charge	DS2
DS2E*	Application to cancel entries relating to a registered charge	DS2E
DS3	Release of part of the land from a registered charge	DS3
EX1	Application for the registrar to designate a document as an exempt information document	None
EX1A	Reasons for exemption in support of an application to designate a document as an exempt information document	None
EX2	Application for official copy of an exempt information document	None
EX3	Application to remove the designation of a document as an exempt information document	None
FR1	First registration application	FR1
HC1	Application for copies of historical edition(s) of the register/title plan held in electronic form	None
HR1	Application for registration of a notice of home rights	MH1
HR2	Application for renewal of registration in respect of home rights	MH2
HR3	Application by mortgagee for official search in respect of home rights	MH3
HR4	Cancellation of a home rights notice	MH4
ID1*	Evidence of identity for a private individual	ID1
ID2*	Evidence of identity for a corporate body	ID2
JO*	Trust Information	None
NAP	Notice to the registrar in respect of an adverse possession application	None
OC1	Application for official copies of register/plan or certificate in form CI (form CI is the replacement for old form 102)	109
OC2	Application for official copies of documents only	110
OS1	Application by purchaser for official search with priority of the whole of the land in a registered title or a pending first registration application	94A
OS2	Application by purchaser for official search with priority of part of the land in a registered title or a pending first registration application	94B
OS3	Application for official search without priority of the land in a registered title	94C
PIC	Application for a personal inspection under s.66 LRA 2002	111
PN1	Application for a search in the Index of Proprietors’ Names	104
PRD1	Request for the production of documents	None
RD1*	Request for the return of original document(s)	None
RX1	Application to enter a restriction	75/76
RX2	Application for an order that a restriction be disapplied or modified	None
RX3	Application to cancel a restriction	None
RX4	Application to withdraw a restriction	77
SC	Application for noting the overriding priority of a statutory charge	None
SEV	Application to enter Form A restriction on severance of joint tenancy by agreement or notice	None
SIF	Application for an official search of the index of relating franchises and manors	None
SIM	Application for an official search of the index map	96
ST1	Statement of truth in support of an application for registration based upon adverse possession	None
ST2	Statement of truth in support of an application based upon adverse possession of a rentcharge	None
ST3	Statement of truth in support of an application for registration of land based upon lost or destroyed title deeds	None
ST4	Statement of truth in support of an application for registration and/or noting of a prescriptive easement	None
TP1	Transfer of part of registered titles(s)	TP1
TP2	Transfer of part of registered title(s) under power of sale	TP2
TR1	Transfer of whole of registered title(s)	TR1
TR2	Transfer of whole of registered title(s) under power of sale	TR2
TR4	Transfer of a charge or portfolio of charges	TR4
TR5	Transfer of portfolio of titles (whole or part)	TR5
UN1	Application to enter a unilateral notice	None
UN2	Application to remove a unilateral notice	None
UN3	Application to be registered as a beneficiary of an existing unilateral notice	None
UN4	Application for the cancellation of a unilateral notice	None
UT1	Application for upgrading of title	6
WCT	Application to withdraw a caution	WCT

 4 Execution

Where forms require execution, the wording of the execution must follow that prescribed by r. 206(3), LRR 2003 and set out in Schedule 9 to those Rules. Section 8 Appendix – forms of execution contains the wording of the forms of execution. Full details regarding execution can be found in Practice Guide 8 – Execution of deeds.

5 Obtaining and reproducing forms

5.1 General

As with the forms prescribed by the LRR 1925 you will continue to have a range of options available to you for obtaining and reproducing Land Registry forms.

5.2 Obtaining forms from Land Registry

All of our forms may be downloaded, free of charge, from our website www.landregistry.gov.uk

5.3 Commercial forms sellers

Over the years, Land Registry has worked closely with many law stationers and commercial software houses that market and sell our forms. The products range from traditional hard copies of forms to ‘smart’ software packages tailored to individual needs. You will continue to be able to obtain the forms prescribed by the LRR 2003 from these suppliers exactly as you do now.

5.4 In-house reproduction

Although our forms are Crown copyright, the LRR 1925 permitted the ‘in-house’ reproduction of our forms. Under the LRR 2003 you can continue to reproduce forms for your use within your organisation. You will need to continue to adhere to rr.210 and 211, LRR 2003 which govern the reproduction of our forms – these two rules are set out below for your information (Schedule 1 forms are those that are not marked with an asterisk referred to in section 3 The forms):

210 —

(1) Subject to rule 211, any application or document in one of the Schedule 1 forms must –

(a) be printed on durable A4 size paper;

(b) be reproduced as set out in the Schedule as to its wording, layout, ruling, font and point size; and

(c) contain all the information required in an easily legible form.

(2) Where on a Schedule 1 form (other than Form DL) any panel is insufficient in size to contain the required insertions, and the method of production of the form does not allow the depth of the panel to be increased, the information to be inserted in the panel must be continued on a continuation sheet in Form CS.

(3) When completing a Schedule 1 form containing an additional provisions panel, any statement, certificate or application required or permitted by these rules to be included in the form for which the form does not otherwise provide and any additional provisions desired by the parties must be inserted in that panel or a continuation of it.

(4) Where the form consists of more than one sheet of paper, or refers to an attached plan or a continuation sheet, all the sheets and any plan must be securely fastened together.

211—

Where the method of production of a Schedule 1 form permits –

(a) the depth of a panel may be increased or reduced to fit the material to be comprised in it, and a panel may be divided at a page break;

(b) the text outside of the panels of a Schedule 1 form, other than

(i) the name and description of the form at the top of the first page, and

(ii) any text after the final panel,

may be omitted;

(c) inapplicable certificates and statements may be omitted;

(d) the plural may be used instead of the singular and the singular instead of the plural;

(e) panels which would contain only the panel number and the panel heading may be omitted, but such omission must not affect the numbering of subsequent panels;

(f) “X” boxes may be omitted where all inapplicable statements and certificates have been omitted;

(g) the sub-headings in an additional provisions panel may be added to, amended, repositioned or omitted;

(h) “Seller” may be substituted for “Transferor” and “Buyer” for “Transferee” in a transfer on sale;

(i) the vertical lines which define the left and right boundaries of the panel may be omitted.

• In addition to the points specified in the LRR 2003, the following points also apply.

• Arial font should be used for all text, except for the form’s identifier in the top right-hand corner.

• The title of the form in the top left-hand corner and the words Land Registry’ are in 14pt bold.

• The text of the forms generally should be 11pt.

• The side notes should be 9pt.

• The identifier should be in Arial or Univers (as appropriate to your software) 60pt bold.

The Forms Unit at Land Registry Head Office will continue to offer a free checking and approval service to those of you who wish to reproduce your forms in-house. The Forms Unit can also advise on problems involving the forms reproduction process (such as the degree to which the LRR 2003 permit forms to be modified). Details of how to contact the Forms Unit are in section 6 Further information on electronic reproduction.

To reproduce our forms in-house you will need to send two hard copies of each form that you wish to reproduce to the Forms Unit. The two forms should be printed from your computer system.

The Forms Unit will check the form for you and advise of any corrections or amendments that need to be made, before giving final approval and allocating a Crown copyright reference.

The Crown copyright reference is unique to the firm or organisation whose forms the Forms Unit has approved. The Forms Unit will ask you to reproduce it on every approved form. This will indicate to any Land Registry office processing the form that it fully conforms to the LRR 2003 and that there can be no possible doubt as to its acceptability.

5.5 Guidance for commercial forms sellers and software houses

5.5.1 Introduction

This section is intended to give guidance for anyone who intends to create systems for electronically produced forms. It offers suggestions for the incorporation of Land Registry forms into intelligent conveyancing forms packages.

5.5.2 General forms design

Because of the very limited power to vary Schedule 1 forms it is strongly advised that designers should ensure that software produces ‘protected shells’ for the invariable areas and typography, whether or not the system produces a ‘photo’ image of the form which is completed automatically or semi-automatically.

5.5.3 Panel numbering and content

Designers will note that some identical panels appear on more than one form, apart from the panel number, eg panel 9 on TR1 and panel 10 on TR2. There are also some panels where the content but not the panel number varies, eg panel 7 on TR1 is not the same as panel 7 on TR2. This means that while there are opportunities to create databases of common panels for different forms, care needs to be taken when doing this.

5.5.4 Tick boxes

Where the user is instructed by the form or rules to place ‘X’ in the appropriate box, the cursor should be automatically placed in the box. The processes of inserting the ‘X’ by hitting the ‘Enter’ key or by typing ‘X’ and moving the cursor to the next box by use of the cursor down or ‘Tab’ keys are matters for the designers. Note that the ‘X’ is not intended to be in quotation marks.

Where the user is to complete a panel without tick boxes, the cursor should be placed at the point where the text is to be entered. Similarly, where text is entered and the statement entered is incomplete, the cursor should automatically move to the point where the additional wording or figure is to be inserted.

Where panels contain more than one statement requiring the insertion of an ‘X’, having opted for a statement the user can be automatically moved on to the next panel (or to a point within the panel where additional information or text is required as a result of exercising that option).

5.5.5 On-screen wording

Where particular wording is required to appear on the screen but not in the printed document, it is for designers to decide whether it should appear on screen throughout the process of the completion of the form, only until the panel has been completed, or only while the panel is being worked on.

Similarly, where a panel is allowed to be omitted, it is for designers to decide whether the panel will disappear from the screen or merely be omitted from the printed document. If the panel disappears from the screen, designers will need to provide a means of restoring it if it is found to be required.

5.5.6 Use of databases

Ideally, some parts of the forms will be automatically completed from data already entered. Examples of where this may be possible are:

• panel 7 of AP1 and FR1, where the panel should preferably come up on the screen already completed with the key number, name and address (or DX address), email address, telephone number and fax number of the conveyancer submitting the application, leaving only the reference and the name of the applicant to be completed. The sub-panel ‘FOR OFFICIAL USE ONLY’ need not appear on the screen but must appear in the printed document

• where disposition forms include an ‘Execution’ panel (such as panel 12 on TR1), the panel should not be left blank for the user to complete. The package should incorporate a library of execution clauses and make available to the user either or both of the following.

(a) The user is offered ready completed execution clauses appropriate to each of the transferors and transferees, with the option to amend them if desired.

(b) The user is offered (as many times as required) the execution clauses in the library, and enters the names in the spaces provided.

In both cases the user should be allowed to enter the names of the persons signing on a party’s behalf, and the names and addresses of the witnesses, but often they will be left blank, to be entered in manuscript, after the form has been printed.

The wording of the execution clauses must follow those set out in Schedule 9 to the LRR 2003, set out in section 8 Appendix – forms of execution.

No provision should be made for printed signatures, as these are generally forbidden by the LRR 2003.

6 Further information on electronic reproduction

For advice and information on reproducing forms electronically, please contact our Forms Unit at Land Registry Head Office, Trafalgar House, 1 Bedford Park, Croydon, CR0 2AQ (DX 8888 Croydon 3); telephone 0300 0066 4405; email vince.mitchell@landregistry.gsi.gov.uk

7 Enquiries and comments

If you have a particular concern that is not covered by this guide, please contact us in advance of the application (see Contact details). If the application is particularly complex, it may be better if you make your enquiry in writing at the Land Registry office that will process your application.

If you have any comments or suggestions about our guides, please send them to:

Central Operations Group
Land Registry
Trafalgar House
1 Bedford Park
Croydon
CR0 2AQ

(DX 8888 Croydon 3)

8 Appendix – forms of execution

Note: All dispositions other than assents must be executed as a deed. In the case of an assent the words ‘as a deed’ may be omitted.

A. Where the instrument is to be executed personally by an individual

B. Where the instrument is to be executed by an individual directing another to sign on their behalf

C. Where the instrument is to be executed by a company registered under the Companies Acts, or an unregistered company, using its common seal

D. Where the instrument is to be executed by a company registered under the Companies Acts, or an unregistered company, without using a common seal

E. Where the instrument is to be executed on behalf of an overseas company without using a common seal

F. Where the instrument is to be executed by a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000, without using a common seal

Remember

• Have you used the correct form?

• Have you completed the execution panel correctly?

Please note that the use of an incorrect or inappropriate form may delay, or might even mean that we cannot process, your application.

Please remember that your application will lose its priority if we have to return it to you – see Practice Guide 49 – Return and rejection of applications for registration and Practice Guide 50 – Requisition and cancellation procedures for more information.