Guidance

Practice Guide 41: developing estates (registration services supplement 6 - voluntary application to note overriding interests)

Updated 25 June 2015

Applies to England and Wales

Please note that HM Land Registry’s practice guides are aimed primarily at solicitors and other conveyancers. They often deal with complex matters and use legal terms.

1. Introduction

Anyone applying to register a registrable disposition of a registered estate has a duty under section 71 of the Land Registration Act 2002 and rule 57 of the Land Registration Rules 2003 to disclose certain overriding interests on applications to register a registrable disposition of a registered estate. This means that each time application is made to register a transfer, lease, charge or grant of an easement the applicant must disclose these interests. See practice guide 15: overriding interests and their disclosure for more information.

If these interests affect more than one plot and are noted on your register before development commences there are advantages to all parties.

2. Advantages of voluntary application

For developers.

• once an interest has been noted on the register you will not need to reveal it as an overriding interest and provide documentation to each purchaser
• you will have less correspondence to deal with from us. This is because each time we intend to enter notice of overriding interest disclosed on an application to register a transfer, lease etc on your register we have to send you a notice

For purchasers/lessees.

• most interests will already be on the register before they commit to a purchase. There will be fewer unregistered interests that override registrable dispositions to satisfy themselves about and disclose on their application for registration

For HM Land Registry.

• we will only need to consider interests once, rather than on each application

3. How to apply

Apply using form AN1, enclosing any supporting documentation. If you wish you may attach form DI to the AN1 to assist you in setting out the relevant details. You need to lodge only one AN1 application regardless of the number of overriding interests you are applying to note. If there is a restriction against noting or a caution against dealings on your register you should contact the HM Land Registry office that will deal with the application before lodging it for further advice. Your application should accompany application for estate plan approval or approval of draft transfer or lease.

We will need only certified copies of deeds or documents you send to us with HM Land Registry applications. Once we have made a scanned copy of the documents you send to us, they will be destroyed. This applies to both originals and certified copies.

4. What HM Land Registry will do

Provided we are satisfied with the evidence lodged we will usually enter notice on the register. These interests will then be apparent to purchasers and lessees when they receive official copies of the developer’s register.

5. Things to remember

We only provide factual information and impartial advice about our procedures. Read more about the advice we give.