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Practice Guide 49 – Return and rejection of applications for registration

Updated: February 2013

Update

This edition of the guide replaces the September 2012 edition. Section 5.6 has been added to clarify that we will treat an application that is conditional on the success of another as having no prospect of approval.

Scope of this guide

This guide gives advice on how to avoid the rejection of applications to change the register.

1 Abbreviations and terms used

In this guide:

‘business day’ means any day Monday to Friday except a bank holiday

‘land transaction’ means ‘any acquisition of a chargeable interest’ (s.43(1), Finance Act 2003); chargeable interest is defined by s.48(1) of that Act as:

“(a) an estate, interest, right or power in or over land in the United Kingdom, or

(b) the benefit of an obligation, restriction or condition affecting the value of any such estate, interest, right or power, other than an exempt interest.”;

‘LRA 2002’ means the Land Registration Act 2002

‘LRR 2003’ means the Land Registration Rules 2003

‘outline application’ means an application under r.54, LRR 2003

‘SDLT’ means stamp duty land tax.

2 Introduction

This guide gives advice on how to avoid the rejection of applications to change the register. It gives examples of defects in applications that we consider to be serious enough to reject the application and return the papers.

We have revised our rejection policy so that normally we will reject only applications which have no prospect of success (see section 5 Examples of application which have no prospect of approval); or when confirmation of ID is required and has not been given or is incomplete (see Practice Guide 67 – Evidence of identity - conveyancers section 9 Land Registry rejection and cancellation policy) or have been previously cancelled and are relodged without the cancellation points being dealt with.

The requirement to lodge substantive applications at the proper office is covered by s.100(3), LRA 2002 and r.15(3), LRR 2003. If an application is not lodged at the proper office it will be forwarded on to the correct office and its priority will not take effect until it is received by that office.

Where we are able to identify substantial defects in the application, we will also explain what steps need to be taken to avoid rejection when the application is relodged.

All other points which would (under our previous rejection policy) have caused the application to be rejected will now be raised as requisitions.

Please also see its companion Practice Guide 50 – Requisition and cancellation procedures for general information on requisitions and tips on how to avoid them.

3 What do we mean by rejection?

Under r.16(3), LRR 2003 we can reject an application on delivery or cancel it at any time thereafter where it appears to us to be substantially defective. In this practice guide we use the term ‘rejection’ for all instances where we apply r.16(3).

We may reject applications whose defects remain unaddressed following discussions between ourselves and the applicant.

If, exceptionally, this action is taken, a notice will be issued specifying the defect(s) that will result in rejection and the time period over which rejection will apply.

When we reject an application, we return to the sender all the papers and documents originally enclosed. We will also state the reason for the rejection so that defects can be corrected before the application is relodged. A rejected application loses its priority. We will return any fee sent with the application unless the application is rejected after we have started processing it, in which case we will retain the fee and either credit it to a renewed application or refund it upon request.

4 Time limit on rejection

We aim to identify any defects and reject an application on the day of receipt. With the exception of applications lodged without a fee and applications for discharge we will not reject an application after it has been with us for three business days. After three days have passed the application will retain its priority and we will deal with the matter by requisition.

5 Examples of application that have no prospect of approval

5.1 Unregistrable interests

Certain leases granted for not more than seven years.
Dispositions of equitable interests.
A lease which should be, but is not, a prescribed clauses lease.

5.2 The applicant is not entitled to apply because the legal estate is not vested in them

For example, a beneficiary under the will in whom the legal estate has not been vested.

5.3 Applications to enter restrictions

Not allowed by s.42, LRA 2002.
To protect an unsecured debt.
For a Form A restriction where there is already such a restriction on the register.

5.4 Adverse possession

Where the wrong type of application is lodged, such as a FR1 where land is registered.
Insufficient time claimed to amount to adverse possession.
Evidence of possession insufficient.

5.5 Notices

No interest shown.
Interest under a trust.
Interest under a short term lease.

5.6 'Conditional' applications

Applications that are expressly dependent on the success or otherwise of another application or specific occurrence – such as an application in form AN1 or UN1 to protect a charge in case a simultaneous application for substantive registration of the charge (in form AP1) fails – will be treated as having no prospect of approval, as there is no provision in either the LRA 2002 or the LRR 2003 for such an application to be made.

6 Application checklist: avoiding return or rejection of applications for registration

The tables below set out our criteria and give tips on how to avoid return or rejection. Because of the enormously varied nature of the applications we receive, the list is not exhaustive. There may be rare instances where an application has a substantial defect that is not covered in this guide, particularly in respect of our requirements for evidence of identity (please see Practice Guide 67 – Evidence of identity – conveyancers).

6.1 Wrongly delivered applications

Action	Tips
If an application is not lodged at the proper office it will be forwarded on to the correct office and its priority will not take effect until it is received by that office.	Practice Guide 51 – Areas served by Land Registry offices tells you which office deals with each local authority area. For bulk applications affecting one or more Land Registry offices, see Practice Guide 32 – Bulk applications affecting one or more Land Registry office.

6.2 Plans to deeds in dealings of part and leases

All these requirements equally apply to plans accompanying searches in form OS2 or OS3.

We reject

Tips

Where it is impossible to identify the extent of the land that's the subject of the application. Such as:

where the deed refers to a plan but it is not attached
where the extent on the plan cannot be related to the Ordnance Survey map
where the extent on the plan is not clearly defined, eg by edging, colouring or hatching
the plan is sufficiently distorted to prevent identification of the extent.

Transfers, charges and leases of part must be accompanied by a plan unless the part can be clearly identified either:

beyond doubt on the lessor’s or vendor’s title plan from the description in the text of the deed, or
by reference to a precise colouring on the lessor’s or vendor’s title plan, for example “... shown tinted blue on the title plan of title number ...”. It must not refer to an approved estate plan.

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. If we cannot determine the precise extent we may reject the application.
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.
Please prepare any plan for a new deed or application having regard to the following guidelines. Further information can be found in Practice Guide 40 – Land Registry plans.

Draw and show to its actual scale.
Show its orientation (for example, a north point).
Use preferred scales of 1/1250 – 1/500 for urban properties.
Use preferred scales of 1/2500 for rural properties (fields and farms etc).
Do not use a scale of imperial measurement (for example, 16 feet to 1 inch).
Do not reduce in scale (see Practice Guide 40 – Land Registry plans – 6.6 Plans reduced in scale).
Do not mark or refer to 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 do 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.

6.3 Plans in deeds in first registrations

We reject
Where the deed or form FR1 refers to a plan but it is not attached. Where there is no plan and the description of the land to be registered is inadequate. Where the extent on the plan cannot be related to the Ordnance Survey map.

6.4 Registration of a new lease

6.4.1 Granted on or after 13 October 2003 out of registered land

This section applies to leases granted out of land that was already registered at the date of the grant. If the reversionary title was registered after the date of the grant, then section 6.4.2 Granted on or after 13 October 2003 out of unregistered land applies.

We reject

Tips to avoid rejection

Applications to register leases that are granted for a term of seven years or less from the date of the grant unless:

the lease is made in pursuance of Part 5 or s.171A, Housing Act 1985, irrespective of the term
it is a discontinuous lease, irrespective of the term
it is a lease granted out of an estate that is a franchise or manor irrespective of the term, or
it is a reversionary lease that is either:

a lease that takes effect in possession after the end of the period of more than three months from the date of the grant, irrespective of the term, or
a lease to take effect within one month of the end of an existing lease in possession, of the same land, to the same person, provided the unexpired terms of both leases added together total more than seven years at the date of registration.
Applications to register leases where the lease has no certain commencement date.
Applications to register leases where the lessor and lessee are the same person unless a letter accompanies the application that explains why Rye v Rye [1962] A C 496 is not applicable.
Applications to register leases (for which a rent or premium is payable) where the term starts more than 21 years from the date of the lease.
Applications to register public private partnership leases.
Applications to register leases granted on or after 19 June 2006 that are required by r.58A, LRR 2003 to contain the prescribed clauses set out in Schedule 1A, LRR 2003 will be rejected where either:

they do not contain the prescribed clauses, or
any of clauses LR3, LR4 and LR6 has not been completed.

You are required to register a lease granted for a term of more than seven years from the date of the grant, even if there are seven years or less of the original term unexpired at the date of registration.
Applications to register the leases covered by this section must be lodged in form AP1 – r.13, LRR 2003, unless it is a reversionary lease that takes effect within one month of the end of an existing lease in possession, of the same land, to the same person. Such leases can only be registered by voluntary application in form FR1, where the unexpired terms of both leases added together total more than seven years at the date of registration.
Examples of a discontinuous lease are time share and market leases (the right to trade on certain days of the week for a term of years).
A lease that cannot itself be registered, or is not required to be registered, may be able to be noted against the lessor’s title – see section 6.7 Noting of leases, and options and easements in leases, against lessor’s title.
A lease that cannot itself be registered may however contain an interest that can be noted against the lessor’s title – see section 6.7 Noting of leases, and options and easements in leases, against lessor’s title.
See Practice Guide 64 – Prescribed clauses leases for further information on requirements for prescribed clauses leases and for details of the information required for completion of each clause.

6.4.2 Granted on or after 13 October 2003 out of unregistered land

This section applies to leases granted out of land that was unregistered at the date of the grant, regardless of whether the reversionary title is registered at the date of registration.

We reject

Tips

Applications to register leases that are granted for a term of seven years or less from the date of the grant unless:

- the lease is made in pursuance of Part 5 or s.171A, Housing Act 1985, irrespective of the term
- it is a discontinuous lease, irrespective of the term
- it is a lease granted out of an estate that is a franchise or manor irrespective of the term, or
- it is a reversionary lease that is either:
  - a lease granted out of an unregistered freehold estate, or
  - a lease granted out of an unregistered leasehold estate, that at the date of the grant of the reversionary lease had more than seven years of its original term unexpired, which takes effect in possession after the end of the period of more than three months from the date of the grant, irrespective of the term, or
  - a lease to take effect within one month of the end of an existing lease in possession, of the same land, to the same person, provided the unexpired terms of both leases added together total more than seven years at the date of registration.
Applications to register leases where the lease has no certain commencement date.
Applications to register leases where the lessor and lessee are the same person unless a letter accompanies the application that explains why Rye v Rye [1962] A C 496 is not applicable.
Applications to register leases (for which a rent or premium is payable) where the term starts more than 21 years from the date of the lease.
Applications to register public private partnership leases.

You are required to register a lease granted for a term of more than seven years from the date of the grant, even if there are seven years or less of the original term unexpired at the date of registration.
Applications to register the leases covered by this section must be lodged as either a compulsory or voluntary first registration in form FR1. For further information, including guidance on how to make applications to Land Registry, see Practice Guide 25 – Leases – when to register.
Examples of a discontinuous lease are time share and market leases (the right to trade on certain days of the week for a term of years).
A lease that cannot itself be registered, or is not required to be registered, may be able to be noted against the lessor’s title – see section 6.7 Noting of leases, and options and easements in leases, against lessor’s title.
A lease that cannot itself be registered may however contain an interest that can be noted against the lessor’s title – see section 6.7 Noting of leases, and options and easements in leases, against lessor’s title.

6.5 First registration of an existing leasehold estate granted before 13 October 2003

This section applies:

to leasehold estates granted out of either registered or unregistered land, and
where no trigger event for compulsory registration has occurred.

If a trigger event (such as a transfer on sale) has occurred, section 6.6 Transfers, assignments and protected first legal mortgages, dated on or after 13 October 2003, of an unregistered leasehold estate applies.

We reject

Tips to avoid rejection

Applications to register leases where there are seven years or less of the original term unexpired at the date of the registration, as they cannot be registered, unless either :

the lease is made in pursuance of Part 5 or s.171A, Housing Act 1985, irrespective of the term
it is a discontinuous lease, irrespective of the term, or
it is a reversionary lease that is a lease to take effect within one month of the end of an existing lease in possession, of the same land, to the same person, provided the unexpired terms of both leases added together total more than seven years at the date of registration.

Applications to register leases where the lease has no certain commencement date.
Applications to register leases where the lessor and lessee are the same person unless a letter accompanies the application that explains why Rye v Rye [1962] A C 496 is not applicable.
Applications to register leases (for which a rent or premium is payable) where the term starts more than 21 years from the date of the lease.
Applications to register public private partnership leases.

Applications to register leases covered by this section, granted for a term of 21 years or less out of either registered or unregistered land, must be lodged as a voluntary first registration in form FR1. For further information, including guidance on how to make applications to Land Registry, see Practice Guide 25 – Leases – when to register.
Applications to register leases covered by this section granted for a term of more than 21 years (ie capable of registration at the time of the grant) out of registered land must be lodged in form AP1 – see r.13, LRR 2003.
Applications to register leases covered by this section granted for a term of more than 21 years (ie capable of registration at the time of the grant) out of unregistered land must be lodged as a compulsory first registration in form FR1.
Examples of a discontinuous lease are timeshare and market leases (the right to trade on certain days of the week for a term of years).
A lease that cannot be registered, or which is not required to be registered, may be able to be noted against the lessor’s registered title – see section 6.7 Noting of leases, and options and easements in leases, against lessor’s title.
A lease that cannot itself be registered may however contain an interest that can be noted against the lessor’s registered title – see section 6.7 Noting of leases, and options and easements in leases, against lessor’s title.

6.6 Transfers, assignments and protected first legal mortgages, dated on or after 13 October 2003, of an unregistered leasehold estate

We reject

Tips to avoid rejection

Applications to register assignments, transfers or assents, including vesting assents (on sale, by way of gift or by order of court), of an unregistered leasehold estate and seven years or less of the original term were unexpired at the date of the transfer or assignment inducing registration, as they cannot be registered, unless it is either:

a transfer, assignment or assent of an unregistered discontinuous lease, irrespective of the term, or
a transfer of an unregistered lease made pursuant to s.171A, Housing Act 1985, irrespective of the term.

Applications to register a protected first legal mortgage of an unregistered leasehold estate and seven years or less of the original term were unexpired at the date of the mortgage inducing registration, as they cannot be registered.

NB: See Notes 1 and 2 below.

You are required to register assignments, transfers or assents, including vesting assents, on sale, by way of gift or by order of the court, of a unregistered leasehold estate where more than seven years of the original term are unexpired at the date of the transfer or assignment inducing registration (but see NB below). These applications must be lodged as a compulsory first registration in form FR1.

NB: The following transfers/assignments are excluded from compulsory registration, but the unregistered leasehold estate itself may be capable of voluntary registration – see section 6.5 First registration of an existing leasehold estate granted before 13 October 2003.

Transfers by operation of law, for example when a deceased’s property vests in their executor – see s.4(4)(a), LRA 2002.
Assignments of a mortgage term, ie mortgage by demise – see s.4(4)(a), LRA 2002.
An assignment or surrender of a lease to the immediate reversioner where the term is to merge into that reversion – see s.4(4)(b), LRA 2002.

You are required to register either:

a transfer or assignment of an unregistered discontinuous lease, or
a transfer of an unregistered lease made pursuant to s.171.A, Housing Act 1985

irrespective of the term. These applications must be lodged as a compulsory first registration in form FR1.

You are required to register a protected first legal mortgage of an unregistered leasehold estate where more than seven years of the original term were unexpired at the date of the mortgage inducing registration. These applications must be lodged as a compulsory first registration in form FR1.

NB: Other mortgages are excluded from compulsory registration, but the unregistered leasehold estate itself may be capable of registration – see section 6.5 First registration of an existing leasehold estate granted before 13 October 2003.

For further information, including guidance on how to make applications to Land Registry, see Practice Guide 25 – Leases – when to register.

Note 1: A ‘first legal mortgage’ is a legal mortgage that ranks in priority over all other mortgages affecting a property – see s.4(8)(b), LRA 2002.

Note 2: A ‘protected mortgage’ is a mortgage that is protected by the deposit of documents relating to the mortgaged estate, such as pre-registration deeds and documents of title.

6.7 Noting of leases, and options and easements in leases, against lessor’s title

We reject

Tips

Applications to note leases granted for a term of three years or less from the date of the grant, and which are not required to be substantively registered.

NB: This applies to any discontinuous leases that are not compulsorily registerable, and where the total period of the term is three years or less.

Applications to note public-private partnership leases.

You can make a specific application to note a lease (see ss. 32, 33 and 34, LRA 2002) provided it:

is granted for a term of more than three years from the date of the grant
is not required to be registered
does not relate to a trust of land or a settlement under the Settled Land Act 1925.

NB1: When an application is lodged for registration of a lease granted on or after 13 October 2003 out of registered title(s), which is required to be registered, we will automatically note the lease pursuant to s.38, LRA 2002.

NB2: When giving absolute leasehold title on first registration, we will automatically note the lease (provided the lessor’s superior title is registered and the lease has not already been noted), subject to serving notice on the lessor. If the lessor’s consent is already lodged with the application, we will not need to serve notice on the lessor – see r.37, LRR 2003.

NB3: If first registration of a leasehold title is not completed with absolute title, we will not make an entry in the lessor’s title, without a specific application for entry of a notice.

For further information on noting of leases, including how to make applications to Land Registry, see Practice Guide 25 – Leases – when to register.
You can make an application to note an option in an unregistered lease (for example, an option to purchase the reversion). For further details, see Practice Guide 19 – Notices, restrictions and the protection of third party interests in the register.
You can make an application to note easements granted for the benefit of an unregistered lease. For further details, see Practice Guide 19 – Notices, restrictions and the protection of third party interests in the register.

6.8 Transfer of a share

We reject

Tips to avoid rejection

Transfers that are incorrectly drawn.

For example A and B are the registered proprietors. Transfer by A and B’s trustee in bankruptcy of B’s share is not capable of registration.

All registered proprietors must normally be transferors, even where one (or more) of them is also a transferee, for example A, B and C transferring to A and C.
Where there is a joint proprietorship restriction in Form A on the register, there must be at least two transferors on any transfer for value (a new trustee may be appointed for the purpose).

NB: The above does not apply where the remaining proprietor is a trust corporation.

For more information, see Practice Guide 6 – Devolution on the death of a registered proprietor.

6.9 Determined boundaries

We reject	Tips to avoid rejection
Applications with no plan enclosed. Plans that cannot be related to the Ordnance Survey map. Applications where evidence of title to the land up to the boundary has not been produced.	Form DB must be used.

6.10 Cancelled applications still defective

We reject	Tips
Applications that have previously been cancelled or rejected where the original defects are still unresolved. Applications that have previously been cancelled or rejected where an application form is required and none has been used.	When we cancel or reject an application we give the reasons in writing. If an application has previously been cancelled or rejected, please ensure that the defects specified by us are corrected before re-lodging it.

7 Enquiries and comments

If you have a particular concern that is not covered by this guide, please contact Customer Support in advance of the transaction – see Contact details. If the transaction 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)

You can obtain further copies of this and all our guides free from Customer Support or you can download them from our website in English and Welsh at www.landregistry.gov.uk

Land Registry advisory policy

We offer advice to our customers through our publications and Customer Support information and through the day-to-day handling of applications.

We provide factual information including official copies of registers, title plans and documents, searches and details of our forms and fees.

We provide procedural advice to explain how the land registration system works and how to make applications correctly. This includes:

advice in advance of an application, where this is requested
where an application is defective, advice as to the nature of the problem and what options, if any, are available to put it right
an approval service for estate layout plans and certain other land registration documents.

There are limits to the advice that we will provide. We will not provide legal advice.

This means that:

we will not approve the evidence to be produced in support of a registration application before we receive the application
apart from procedural advice, we will not advise on what action to take
we will not recommend a professional adviser but can explain how to find one.

We provide advice only about real cases, not about theoretical circumstances. We will not express a view on questions where the law is complex or unclear except where the question arises on a live registration application.

In providing this factual information and procedural advice we will:

be impartial
recognise that others may be affected by what we say
avoid any conflict of interest.

Contact details

For customer enquiries and to request this publication in an alternative format please contact Customer Support at customersupport@landregistry.gsi.gov.uk or telephone 0844 892 1111, or 0844 892 1122 for a Welsh-speaking service, from Monday to Friday between 8am and 6pm. Calls cost 3p a minute on a BT standard tariff, in addition to the current set up/connection charge. Calls from other tariffs, service providers and mobile phones may cost more. We do not receive any revenue from these calls.

To obtain copies of this and all our other guides, free of charge:

view/download guides in English and Welsh at www.landregistry.gov.uk
contact Customer Support.

Information in this guide

The information in this publication is for the purpose of providing general guidance about Land Registry's procedures and policies. It is intended only as a guide and does not cover every situation that may arise. It also does not limit Land Registry's ability to use its discretion when appropriate to do so, within the land registration legislation.

Chief Land Registrar

Not to be reproduced without permission from The Forms Unit, Land Registry (under the delegated authority from the Controller of HMSO), Trafalgar House, 1 Bedford Park, Croydon CR0 2AQ