Guidance

Practice guide 1: first registrations

Updated 1 October 2024

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.

Practice withdrawn on 1 October 2024:
Conveyancers can no longer lodge certified copy deeds and documents instead of originals. See Applications lodged by conveyancers - acceptance of certified copy deeds for full details.

1. Introduction

1.1 Interests that may be registered

Section 2 of the Land Registration Act 2002 makes provision for the registration of title to:

• estates in land
• rentcharges
• franchises
• profits a prendre in gross

This guide only deals with the first registration of unregistered freehold and leasehold estates in land. While much of it will be relevant to the first registration of franchises, profits a prendre in gross and rentcharges, it does not deal with the particular issues that arise in registering those interests. See practice guide 16: profits a prendre (taking natural resources from another’s land) and practice guide 18: franchises: registration under the Land Registration Act 2002 for more detailed information.

Nor does this guide deal with:

• applications based on adverse possession. See practice guide 5: adverse possession of (1) unregistered land and (2) registered land where a right to be registered was acquired before 13 October 2003
• the creation of new leases out of registered titles. Under section 27(2)(b) of the Land Registration Act 2002 these are treated as dealings, not as first registrations. See practice guide 25: leases: when to register

1.1.1 Estates in land

Only estates that can exist at law, that is a fee simple absolute in possession or a term of years absolute, can be registered under the Land Registration Act 2002.

Because of the provisions of section 27(2)(b) of the Land Registration Act 2002 in respect of the granting of leases out of registered titles, this guide refers only to the registration of leasehold estates:

• granted out of an unregistered estate
• granted out of a registered estate before 13 October 2003 that were unregistrable at that time, but are now registrable

Some of these estates, however, are not subject to compulsory registration.

See Compulsory applications for first registration for information about applications where registration of title is compulsory.

See Voluntary applications for first registration for information about applications where registration of title is voluntary.

1.1.2 Manors

It is no longer possible to register title to the lordship of a manor. Under the Land Registration Act 1925 this could be done voluntarily, though it was never compulsory. Where the title to a manor is already registered the proprietor may apply for it to be removed from the register (section 119 of the Land Registration Act 2002).

Many manorial titles include no physical land. Sometimes, however, land may still be attached to a manor and title to it may pass on a transfer of the manor. The compulsory registration provisions of the Land Registration Act 1925 did not apply to land that was part of a manor and included in the sale of a manor as such (section 123(3)(c) of the Land Registration Act 1925 (repealed)).

There is no such exception in the Land Registration Act 2002. Therefore, if a manor includes physical parcels of land, the title to the land concerned must be registered following a transfer, mortgage or lease of a kind that triggers first registration. The lordship of the manor itself cannot be registered.

1.2 The advantages of land registration

Registration under the Land Registration Act 2002 supports home and property ownership and the secured credit market by:

• providing state-backed registration, giving greater security of title
• providing greater protection against the possibility of losing title by adverse possession
• indemnifying the proprietors under section 103 and Schedule 8 of the Land Registration Act 2002 against any loss if they are deprived of their state-backed title (see sections 11 and 12 of the Land Registration Act 2002) on a rectification of the register under section 65 and Schedule 4 of the Land Registration Act 2002
• introducing certainty and simplicity into conveyancing
• setting out, or referring in the register to, all the rights that benefit and affect the title other than certain overriding interests
• showing the general extent of the land in each title by means of a title plan
• ensuring that capital can circulate freely in the economy by making land readily available as security
• making large holdings of land and portfolios of charges readily marketable

2. Compulsory applications for first registration

Section 4 of the Land Registration Act 2002 specifies the events that trigger compulsory registration. Section 4(1) of the Land Registration Act 2002 calls this the ‘requirement of registration’. Although we will express a view, on request, as to whether section 4 of the Land Registration Act 2002 applies to a particular type of transaction, definitive interpretation of the section can only be given by the court.

Section 80 of the Land Registration Act 2002 provides for compulsory registration of grants by His Majesty out of demesne land. For more information see First registration based on dispositions by the Crown and the Duchies of Lancaster and Cornwall.

2.1 On a transfer of a freehold estate in land

Registration is compulsory on a transfer of an unregistered freehold estate in land:

• for valuable or other consideration (section 4(1)(a)(i) of the Land Registration Act 2002) including a transfer of property with a negative value under section 4(6) of the Land Registration Act 2002
• by way of gift (section 4(1)(a)(i) of the Land Registration Act 2002) including for the purposes of constituting a trust under which the settlor does not retain the whole of the beneficial interest, or uniting the bare legal title and the beneficial interest in property held under a trust under which the settlor did not, on constitution, retain the whole beneficial interest (see section 4(7) of the Land Registration Act 2002)
• in pursuance of an order of any court (section 4(1)(a)(i) of the Land Registration Act 2002)
• by means of an assent (section 4(1)(a)(ii) of the Land Registration Act 2002) including a vesting assent as defined in section 4(9) of the Land Registration Act 2002
• giving effect to a partition of land subject to a trust of land (section 4(1)(a)(iii) of the Land Registration Act 2002)
• by a deed that appoints, or by virtue of section 334 of the Charities Act 2011 has effect as if it appointed, a new trustee or is made in consequence of the appointment of a new trustee (section 4(1)(aa)(i) of the Land Registration Act 2002)
• by a vesting order under section 44 of the Trustee Act 1925 that is consequential on the appointment of a new trustee (section 4(1)(aa)(ii) of the Land Registration Act 2002), or
• in circumstances where section 171A of the Housing Act 1985 applies (section 4(1)(b) of the Land Registration Act 2002) (disposal by landlord that leads to a person no longer being a secure tenant)

2.2 On a transfer of an existing leasehold estate in land

Registration is compulsory on transfers of an unregistered leasehold estate in land with more than 7 years to run at the time of the transfer (see section 4(2)(b) of the Land Registration Act 2002):

• for valuable or other consideration (including a transfer of property with a negative value)
• by way of gift (including for the purposes mentioned in On a transfer of a freehold estate in land)
• in pursuance of an order of any court
• by means of an assent (including a vesting assent)
• by a deed giving effect to a partition of land subject to a trust of land
• by a deed that appoints a new trustee (in the circumstances referred to in On a transfer of a freehold estate in land
• by a vesting order under section 44 of the Trustee Act 1925 that is consequential on the appointment of a new trustee

Registration is also compulsory on the transfer of any unregistered leasehold estate in land, for however short a term, in circumstances where section 171A of the Housing Act 1985 applies (disposal by landlord that leads to a person no longer being a secure tenant).

2.3 On the grant of a new leasehold estate in land

Compulsory registration applies to grants both out of unregistered freehold estates and out of unregistered leasehold estates, that at the time of the grant have more than 7 years to run. The lease granted must be either:

• for a term of more than 7 years from the date of the grant (section 4(1)(c)(i) of the Land Registration Act 2002), and
• for valuable or other consideration (including a lease of property with a negative value), by way of gift (including for the purposes mentioned in On a transfer of a freehold estate in land) or in pursuance of an order of the court

or:

• for a term of years absolute to take effect in possession after a period of 3 months from the date of the grant (section 4(1)(d) of the Land Registration Act 2002).

Compulsory registration also applies to the grant out of any unregistered title of any lease for however short a term:

• in pursuance of Part 5 of the Housing Act 1985 (right to buy) (section 4(1)(e) of the Land Registration Act 2002)
• in circumstances where section 171A of the Housing Act 1985 applies (disposal by landlord that leads to a person no longer being a secure tenant)

2.4 On a first legal mortgage

Compulsory registration also applies on the creation by the owner of an estate in unregistered land of a protected first legal mortgage (section 4(1)(g) of the Land Registration Act 2002) unless it is a mortgage of a lease with no more than 7 years to run. A protected first legal mortgage is one that, on creation, ranks in priority ahead of other mortgages affecting the mortgaged estate.

2.5 Cases in which compulsory registration does not apply

Nothing in the Land Registration Act 2002 makes it compulsory to register title to:

• incorporeal hereditaments (such as rentcharges, profits and franchises)
• mines and minerals held apart from the surface (see section 4(9) of the Land Registration Act 2002).

Registration of the above is voluntary. Incorporeal hereditaments other than franchises, profits a prendre in gross and rentcharges can only be registered as appurtenant to registered land. Some additional leasehold interests can also be registered voluntarily. These are explained in more detail in Voluntary applications for first registration.

Compulsory registration does not apply to the transfer or grant of a lease that is a relevant social housing tenancy (see sections 4(5A) and 132(1) of the Land Registration Act 2002, as amended by section 157(3) of the Localism Act 2011).

3. Voluntary applications for first registration

Section 3 of the Land Registration Act 2002 applies to any unregistered legal estate that is an interest of:

• a freehold or leasehold estate in land
• a rentcharge
• a franchise
• a profit a prendre in gross

With 2 exceptions, a leasehold estate can only be registered voluntarily if more than 7 years of the term are unexpired (section 3(3) of the Land Registration Act 2002).

The exceptions are:

• a lease under which possession is discontinuous (such as a timeshare lease) can be registered however short the term (section 3(4) of the Land Registration Act 2002)
• where a lessee holds a lease in possession and has been granted another lease of the same land to take effect in possession within one month of the expiry of the first lease, the 2 leases are treated as creating a single continuous term for the purposes of section 3 of the Land Registration Act 2002. Both can be registered if the combined term exceeds 7 years (see section 3(7) of the Land Registration Act 2002)

A lease that is a relevant social housing tenancy cannot be registered voluntarily (see sections 3(4A) and 132(1) of the Land Registration Act 2002, as amended by section 157(2) of the Localism Act 2011).

3.1 Registration in advance of a dealing

Voluntary application for first registration may be particularly useful where a prospective purchaser or mortgagee may have doubts about accepting the title. This may happen where, for example, the title deeds have been lost or destroyed, or are for some reason unavailable to the estate owner. Although we may not grant an absolute title, the title may still be acceptable to purchasers and mortgagees, particularly if supported by a title indemnity insurance policy.

You must apply in form FR1 in the usual way (see Form of application).

For further information on applications where the title deeds have been lost or destroyed, see practice guide 2: first registration of title if deeds are lost or destroyed.

3.2 Registration of substantial holdings of unregistered land

Substantial land owners may well find it convenient to register their entire holdings.

If you require further information about applications affecting a number of properties, see practice guide 33: large scale applications and calculation of fees.

4. Lodging applications for first registration

4.1 Who can apply

When registration is compulsory, the estate owner (transferee or grantee) or their successor in title must make the application (section 6(1) of the Land Registration Act 2002).

However, a mortgagee under a mortgage falling within section 4(1)(g) of the Land Registration Act 2002 (ie one that triggers compulsory first registration) may make an application in the name of the mortgagor for the estate charged by the mortgage to be registered whether or not the mortgagor consents (rule 21 of the Land Registration Rules 2003).

Where there is a requirement of registration, the application must be made within 2 months (sections 6(1) and (4) of the Land Registration Act 2002). See Time limit.

Under section 3(2) of the Land Registration Act 2002 a person may apply voluntarily to be registered as the proprietor of an unregistered legal estate if either:

• the estate is vested in them
• they are entitled to require the estate to be vested in them

The following persons cannot apply:

• a person with a leasehold estate vested in them, as a mortgagee where there is a subsisting right of redemption under section 3(5) of the Land Registration Act 2002
• a person whose entitlement is as a person who has contracted to buy under a contract under section 3(6) of the Land Registration Act 2002

It is also not possible, at any time, to make a voluntary application for first registration in the name of a deceased estate owner (including a deceased mortgagor) as the estate vests by statute from the moment of their death under section 1 or 9 of the Administration of Estates Act 1925. Where there is an assent or a transfer by the personal representative the application should be made in the name of the assentee or transferee. Alternatively, where no assent or transfer has been made the administrator(s) or executor(s) can voluntarily apply to be registered as proprietor. The application must be supported by a copy of the grant of representation and must be made by all the personal representatives. Please note that non-UK grants of representation or equivalent are not sufficient to deal with land in England and Wales unless re-sealed by the High Court in England and Wales. Where the deceased was one of joint owners and the other owner is not deceased, the application can only be made by the surviving owner. If the land was held as a tenancy in common, consideration should be given to applying for a Form A restriction. For the purpose of rule 21 of the Land Registration Rules 2003, where a sole mortgagor is deceased, an application for first registration may be made by the mortgagee in the name of the executor, administrator, or Public Trustee as appropriate. Section 6 of the Land Registration Act 2002 does not apply to voluntary first registrations as there is no duty to apply for registration.

4.2 Form of application

Your application must be made in form FR1, which is available from law stationers or can be downloaded from GOV.UK free of charge. As with all forms, you may reproduce it electronically if preferred.

Form FR1 was amended on 1 August 2022 by the Land Registration (Amendment) Rules 2022 to require additional information to be provided when an application is made to register an overseas entity as proprietor of a freehold estate in land or a leasehold estate in land granted for a term of more than seven years from the date of the grant. This information is required by the Economic Crime (Transparency and Enforcement) Act 2022 which came into force on 1 August 2022. The pre-commencement version of form FR1 can be used up to 31 October 2023 but must include the overseas entity ID for the applicant. For more information, please see practice guide 78: overseas entities.

4.3 Completion of the application form FR1

4.3.1 Panel 1: local authority serving the property

Enter the local authority to which council tax or business rates are paid in respect of the property. This will be either a unitary authority, metropolitan and London boroughs, or, in ‘two-tier’ areas, the district council area.

4.3.2 Panel 2: address or other description of the estate to be registered

Give the postal address including postcode, if any. We will generally enter the address in the register from the Post Office address file, so it may differ slightly from the address you enter here. If there is no postal address a general description such as ‘land on the north side of London Road, Whiteoaks’ will suffice.

4.3.3 Panel 3: extent to be registered

You must provide sufficient details to enable us to identify clearly the extent of the land to be registered on the Ordnance Survey map (rule 24(1)(a) of the Land Registration Rules 2003). If the panel has not been completed or if we cannot establish the extent sufficiently for it to be indexed, we will reject your application.

You have 3 options when completing this panel.

4.3.3.1 Ad hoc plan

This option must be used where you supply a plan on its own to identify the property. The plan or plans must be prepared to a suitable scale, preferably based on the Ordnance Survey map. Put an ‘X’ in the first box and complete the statement appropriately. The plan should be securely attached to the FR1.

You cannot use the postal address option when registering a flat, maisonette, cellar or common parts within a building, or where a property comprises different extents at different levels. In these cases, you must supply a plan of the surface on, under or over which the land to be registered lies, and sufficient information to define the vertical and horizontal extents of the land (see rule 26 of the Land Registration Rules 2003). The plan can be either an ad hoc plan or a deed plan.

Similarly, a plan will always be needed if there are outbuildings or a parking area or bin space that cannot be clearly identified by description.

4.3.3.2 Plan in title deeds

Where the title deeds contain a satisfactory plan of the land to be registered, put an ‘X’ in the second box and state the nature and date of the deed that contains the plan (for example ‘conveyance dated 21 April 1926’).

This option should be used only where the deed plan is well drawn to an adequate scale and it is quite clear that the position of the boundaries has not changed since the plan was prepared.

4.3.3.3 Postal address or other description

Where the land can be fully identified from the description in panel 2 of the form you can put an ‘X’ in the last box. This should be possible where the property or each of the properties, if more than one, is either:

• completely enclosed and the whole enclosure is readily identifiable on the Ordnance Survey map from the postal address given
• identical to the land in another title, such as a registered lease where the application relates to the reversion. The title number should be included in panel 2, for example ‘registered leasehold under title number AA123456’

If registering mines and minerals owned separately from the surface you must provide under rule 25 of the Land Registration Rules 2003:

• a plan of the surface under which the mines and minerals lie
• any other sufficient details by plan or otherwise so that the mines and minerals can be identified clearly
• full details of rights incidental to the working of the mines and minerals

4.3.4 Panel 4: class of title applied for

4.3.4.1 General observations

If you are applying for only a possessory title or good leasehold title, enter ‘X’ in the relevant box in panel 4. Otherwise, enter ‘X’ against absolute freehold or absolute leasehold as the case may require. The registrar will then grant the best class of title that the circumstances permit.

You should note that we might not be able to grant the class of title that you apply for.

4.3.4.2 Mixed freehold and leasehold

Occasionally, due to inadequate descriptions in old deeds, freehold and leasehold land may have become indistinguishable. In such a case you should apply for absolute freehold title. The title will probably be registered as an absolute freehold title, but with a note in the register stating that the part of the land (if any) that is leasehold is registered with good leasehold title only.

4.3.4.3 Former leasehold enlarged to freehold

Absolute freehold title may also be applied for where a term of years has been enlarged into a fee simple under section 153(8) of the Law of Property Act 1925 or section 65(4) of the Conveyancing and Law of Property Act 1881. If the evidence supplied is satisfactory, we will make an entry in the register to reflect the appropriate legislation under which enlargement has occurred.

If the registrar is not satisfied with the evidence of enlargement, the freehold title will not be registered.

4.3.5 Panel 5: application, priority and fees

Failure to enter the value of the land in this panel and/or to include the fee may result in the rejection of the application.

4.3.5.1 Merger of registered and unregistered leases

Where a lease registered in the name of the estate owner is to merge in the immediate reversion, panel 5 should include an application to close the leasehold title on merger. You must also enclose a completed form AP1 with your application, quoting the merging title. If the leasehold title is charged, you must lodge any form DS1 or deed of substituted security that are appropriate, or request the lender to discharge the mortgage electronically. Currently no additional fee is payable.

Where an unregistered lease belonging to the estate owner is to merge in the immediate reversion, panel 4 should include an application for the merger. See HM Land Registry: Registration Services fees for the fee payable.

4.3.5.2 Easements and other rights

Easements and other rights referred to in the latest transfer will normally be included in the title, without specific application, if the registrar is satisfied that they benefit the estate being registered.

If the property has the benefit of rights not granted by deed you should apply specifically if you want them to be included in the title (see rule 33(1)(b) of the Land Registration Rules 2003). You must give details of the rights claimed, and prove their existence by appropriate statutory declarations.

4.3.5.3 Other applications and their priority

All charges to be registered and any action you are applying for (such as amalgamation with an existing registered title) should be listed in panel 5 in their intended order of priority, and any appropriate documents should accompany the application.

Where you are applying for any action with a specified application form, such as a restriction (form RX1) or designation as an exempt commercial information document (form EX1), you must also include that form, duly completed.

For information on completing the sub-section headed ‘Fee payment method’, see HM Land Registry fees.

4.3.6 Panel 6: the applicant

The name(s) of the people applying to be registered as proprietors should be given here. Where a conveyancer lodges the application, the names of the clients not the firm should be given here. If the applicant is a company or limited liability partnership the second part of the panel will need to be completed.

For corporate bodies that are not registered under the Companies Act 2006 in the UK, see also Constitution of a corporation.

Where the applicant is an overseas entity, their overseas entity ID issued by Companies House must be provided or confirmation that an overseas entity ID is not required. This is in addition to their territory of incorporation or formation. The application for first registration cannot be made unless the overseas entity has been registered with Companies House; it will be rejected if the overseas entity ID is not provided.

4.3.7 Panel 7: the application is sent to HM Land Registry by

If you are a professional customer, fill in the details of your firm here including a phone number and email address, if you have them. You must provide either a postal or DX address for correspondence and a key number, if applicable.

If you are a citizen, fill in your name and address here including a phone number and email address, if you have them.

If you include an email address, we will use it to contact you about your application.

We will deal only with the person named in panel 7 of the application form. Requests to correspond with a third party will be refused. We will acknowledge receipt of your application only if an email address is provided.

4.3.8 Panel 8: address(es) for service of each proprietor of the estate

This information will be entered in the proprietorship register. You may give up to 3 addresses for service for each applicant.

One address for each applicant must be a postal address, whether or not in the United Kingdom (rule 198(3) of the Land Registration Rules 2003).

The others may be a different postal address, a UK document exchange address or an electronic (email) address (rule 198(4) and (7) of the Land Registration Rules 2003). There is no need to give more than one address for each applicant.

4.3.9 Panel 9: where the applicant is more than one person

Where there are joint estate owners, you must select one of the options in panel 9 by placing ‘X’ in the appropriate box.

If they are neither equitable joint tenants nor tenants in common in equal shares, select the last box and complete the statement as necessary.

The purpose of this is not to give the registrar notice of the trusts under which the land is held (under section 44(1) of the Land Registration Act 2002), but simply to enable us to enter a Form A restriction (see rule 95(2)(a) of the Land Registration Rules 2003). We must enter this restriction whenever we register 2 or more persons as proprietors of an estate in land, unless the survivor of the proprietors will be able to give a valid receipt for capital money arising on a disposition. As a rule, the survivor can only give a valid receipt where the proprietors are equitable joint tenants or the personal representatives of an absolute owner.

4.3.10 Panel 10: name and address(es) for service for the proprietor of any charge

All charges and mortgages to be registered should have been listed in panel 5.

Unless the charge carries an HM Land Registry MD reference (which can usually be found at the foot of the first page of the charge), in this panel you must give:

• the full name of the chargee
• its registered number if it is a company or a limited liability partnership registered in the UK under the Companies Act 2006
• the territory of incorporation and registered number in the UK (if any) if it is an overseas corporation
• up to 3 addresses for service, as explained under panel 8

Where the charge is to a bank, provide the relevant branch or securities centre address and sort code.

If the charge has been transferred since it was created, you must give this information and provide evidence of the transfer, even if it bears an MD reference.

Where the charge has no MD reference and the chargee is a corporate body that is not registered in the UK under the Companies Act 2006, see Constitution of a corporation.

4.3.11 Panel 11: disclosable overriding interests

Schedule 1 of the Land Registration Act 2002 lists the interests that override first registration. You should also refer to paragraphs 7 to 13 of Schedule 12 to the Land Registration Act 2002 for transitional arrangements relating to overriding interests.

With certain exceptions, you must disclose overriding interests that affect the estate being registered, and that the applicant actually knows about (see section 71 of the Land Registration Act 2002). The exceptions are set out in rule 28(2) of the Land Registration Rules 2003. In particular, you do not need to disclose any interest that is apparent from the deeds and documents of title lodged with your application.

In this panel, you must state whether there are any disclosable overriding interests, by placing an ‘X’ in the appropriate box. If there are any, you must list them on form DI, and lodge it with your application.

We may enter a notice in the register of any interest that you disclose.

Further information on overriding interests is contained in practice guide 15: overriding interests and their disclosure.

4.3.12 Panel 12: certificate as to other interests

Failure to complete this panel is likely to result in the rejection of the application.

Generally there will be no rights, interests or claims known to the applicant other than those disclosed in the title documents or forms lodged. In this case place an ‘X’ in the first box in panel 12. If a certified copy of the instrument creating a right or interest is lodged, the right or interest will be treated as disclosed in the title documents and you do not need to mention it here. Nor do you need to disclose again any interest you have listed on form DI.

If there are any other undisclosed interests, rights or claims known to the applicant, place an ‘X’ in the second box and complete the statement with whatever particulars are available. Any affecting land charges not covered in the deeds should be listed here.

Examples of third party rights, interests and claims that can affect the property are set out below. In this context, ‘land charges’ means puisne mortgages, equitable charges, estate contracts, restrictive covenants, equitable easements and other charges on, or obligations affecting, land falling in one of the classes listed in section 2 of the Land Charges Act 1972.

As explained in Who can apply the applicant is generally the estate owner, but in certain circumstances others have the right to apply. When you are instructed by more than one party, for example the estate owners and the first mortgagees, include any rights, interests and claims known to any of them.

4.3.12.1 Leases and tenancies

You must tell us here of any lease to which the land is subject for which you are unable to provide documentary evidence, and that is not an overriding interest. Give details if you are aware of any options contained in these leases.

Even though the leases are not overriding interests, there is no objection to your listing them on form DI if it would be convenient to do so.

You should also tell us about any options contained in leases that are not capable of being noted (see section 33 of the Land Registration Act 2002) where the option has not been disclosed in the title deeds or on form DI under paragraph 2 of Schedule 1 of the Land Registration Act 2002.

4.3.12.2 Land charges registered at the Land Charges Department

See Land Charges searches.

4.3.12.3 Land charges created by the applicant (or a predecessor in title where the applicant is not a purchaser for value)

Land charges of this kind will be binding on the proprietor whether or not they have been registered at the Land Charges Department.

4.3.12.4 Rights acquired, or in course of being acquired, under the Limitation Act 1980

If squatters occupy any part of the property details must be given here, unless the squatters’ interest has been disclosed on form DI under rule 28(1) of the Land Registration Rules 2003. We will not complete registration until the claims of the squatters have been investigated.

4.3.12.5 Claims

Give particulars of any claims that may result in an objection to the application or should be noted in the register (unless disclosed on form DI). If possible, provide the name and address of the person making the claim.

4.3.13 Panel 13: examination of title

Place an ‘X’ in the box if the applicant’s title, including the title to any beneficial rights, has not been examined in the usual way prior to the application. If it has, you should leave panel 13 as it is. By signing panel 17 you will certify that it is correct. This enables the registrar, if thought fit, to have regard to prior examination by a conveyancer when they examine the title (see rule 29 of the Land Registration Rules 2003).

4.3.14 Panels 14 to 16: confirmation of identity

To protect ourselves and our customers from identity fraud, we require completion of these panels when you are registering a transfer, lease or charge. If these are not completed, then we may reject the application.

In panel 14 you should cross the appropriate panel depending on whether you are a conveyancer or not. Depending on the answer, complete panel 15 or 16 by listing the parties to the deeds and who acted for them. Evidence of identity for an unrepresented party must be supplied. See practice guide 67: evidence of identity for further information.

4.3.15 Panel 17: signature of applicant or their conveyancer/Date

You must sign and date the form. We may reject any unsigned form FR1.

4.4 Documents that must accompany form FR1

4.4.1 Form DL

Form DL, in duplicate, must always accompany form FR1. In panel 1, give the address or other description of the property. In panel 2, list, in order, all the documents lodged in support of the application (see rule 24(1)(d) of the Land Registration Rules 2003).

4.4.2 Plan

If you have placed an ‘X’ in the first box in panel 3 of form FR1, you must enclose a plan sufficient to enable the land to be clearly identified on the Ordnance Survey map (rule 24(1)(a) of the Land Registration Rules 2003). See Completion of the application form FR1 for information on completing this panel.

4.4.3 Lease

Where the title is leasehold, you must lodge the original lease, if it is in the applicant’s control, even if it pre-dates the root of title. You should also lodge a certified copy of the lease. If the title is subject to any leases you should lodge the relevant counterparts. See also Applications lodged by conveyancers – acceptance of certified copy deeds.

4.4.4 Title deeds

Send all the deeds and documents relating to the title that the applicant has or can oblige the holder to produce, including opinions of counsel, abstracts of title, copies of documents, contracts for sale, requisitions, replies, searches and other documents relating to the title. All these documents must be listed on form DL under rule 24(1)(d) of the Land Registration Rules 2003.

Where the application is based on a purchase for value and the title has been investigated in the usual way back to a good root at least 15 years old, you should resist the temptation to edit the deed package so as to send us only a recent root of title and subsequent conveyances. Though we may not need to see very old documents, particularly if they are fragile, deeds from the 19th and early 20th centuries often contain definitive details of covenants, easements and other matters that need to be entered in the register. They may also contain better plans than more recent deeds.

You will reduce the likelihood of our sending you requisitions by lodging a complete bundle of deeds, and the examiner will have a better opportunity to frame fully informative entries both as to the nature of any covenants or rights and the extent of the land affected.

Original deeds and documents need not be produced if they are not in the control of the applicant. Examples would be where:

• they affect other land
• they are held by a chargee under a subsisting charge entered into before the transfer to the estate owner (but note that, as we will have to register the charge, the chargee will usually have to consent to the application)
• their production would entail the applicant paying a fee to the holder

In such cases, you should supply an abstract or certified copies of the relevant deeds. Copies of deeds will be scanned and destroyed. Abstracts should be marked by a conveyancer as examined against the original deeds. All particulars of wills, grants of probate or letters of administration, marriages, civil partnerships and deaths set out in the abstract of title as separate items should also be verified and marked accordingly.

If there is no good explanation for the absence of the original deeds, we may not be able to give an absolute title. If you require further information about missing deeds, refer to practice guide 2: first registration of title if deeds are lost or destroyed.

The evidence required in support of your application depends on the nature of the title and the class of title sought – see The examination process and classes of title.

Where the application is based on an assent, we will need to be satisfied that the assentee was the person entitled to have the legal estate transferred to them – see Titles based on assents.

Any original statutory declarations, statements of truth, subsisting leases, subsisting charges, certificates relating to Stamp Duty Land Tax or Land Transaction Tax (as required by section 79 of the Finance Act 2003 or section 65 of the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 respectively) and the latest document of title (such as the transfer to the applicant) will be retained under rule 203 of the Land Registration Rules 2003. But if you are making the application with copy deeds and documents only see Applications lodged by conveyancers – acceptance of certified copy deeds. If your application is for first registration where title deeds have been lost or destroyed see practice guide 2: first registration of title if deeds are lost or destroyed. If the application is scanned, all original documents and deeds will be returned to you once they have been scanned – see Submitting your application.

Apart from this, we will return the pre-registration deeds after registration. Subject to the rights of any mortgagee that wishes to hold them, the estate owners are entitled to possession of them, and they ought not to be destroyed without their authority. There are several reasons why a customer may want to keep pre-registration deeds:

• they often contain information that would not appear on the land register. For example details of trusts, wayleaves, licences, short leases, correspondence and old searches
• they may assist in future if the title comes into question or on alteration applications
• recent court decisions have stated that only the deeds can establish the exact line of a boundary on a property registered with general boundaries

Particularly with older properties, the deeds may have considerable historical interest. Local archives or record offices are usually happy to take unwanted deeds and documents, either as a gift or on loan. Documents deposited on loan are always available for consultation or withdrawal by the owner. The British Records Association (Records Preservation Section), care of

Finsbury Library
245 St John Street
London
EC1V 4NB

Telephone: 020 7833 0428

The British Records Association website can give advice and assistance on the deposit of documents in an appropriate archive.

Further information, including a form for the deposit of title deeds, can be found at Deposit title deeds.

The deeds and documents are only to be deposited following completion of registration.

4.4.4.1 Applications lodged by conveyancers - acceptance of certified copy deeds

This practice has now been withdrawn but does still apply to applications lodged prior to 1 October 2024 at HM Land Registry and that are still pending. Please see Applications lodged by conveyancers - acceptance of certified copy deeds for further information.

4.4.5 Land Charges searches

The registrar can make searches and enquiries, or direct the applicant to make them (rule 30 of the Land Registration Rules 2003). Other than that, there are no specific requirements in the Land Registration Rules 2003 regarding searches against the estate owners or their predecessors in title.

We require searches against:

• the applicant’s immediate seller
• the landlord where the original tenant applies for the grant of an absolute title
• the deceased and the personal representative(s) when the latter is the seller to the applicant
• any other holder of the legal estate since the last conveyance on sale prior to the deed inducing registration or conveyance to the applicant (which will include, for example, a deceased joint owner)
• the borrower where the deed inducing registration is by a mortgagee acting under a power of sale, from the date of acquisition by the borrower to the date of sale by the mortgagee

On voluntary first registration applications, in addition to the searches stated above, we also require a search against the applicant.

If the applicant is not the estate owner, for example if a mortgagee under a mortgage that triggers compulsory first registration is applying in the name of the mortgagor for the estate charged by the mortgage to be registered, we also require a search against the estate owner.

Whenever a compulsory first registration application is made after the expiry of the 2-month period referred to in Time limit, or if an application is made within the time limit but is subsequently cancelled, you should also lodge up-to-date land charges searches against the disponor(s)/revertee(s).

Additionally, if an unregistered estate that has become subject to compulsory first registration (because of a qualifying transfer, lease or mortgage) needs to be dealt with again before first registration has been applied for, you should also lodge up-to-date land charges searches against (1) the applicant(s), (2) the disponor(s)/revertee(s) who entered into the deed inducing registration and (3) the person/people subject to the section 6 duty (the person/people who disposed to the first registration applicant(s)).

Note: The revertee is the person to whom the legal estate reverts to as described in section 7 of the Land Registration Act 2002; see Time limit.

Any earlier search certificates that are with the deeds should also be lodged.

The searches must be against the correct name of each estate owner and cover the whole period during which a charge could have been registered in that name. In the case of a deceased estate owner, the period should extend to the date that the personal representatives disposed of the property, or, if they have not yet done so, to the present. This is because charges may have been registered against the deceased’s name after their death, under sections 3(1A), 5(4A) or 6(2A) of the Land Charges Act 1972.

Remember that some county boundaries have changed over the years so you should search against any appropriate former county.

You must account for any entry appearing on the searches lodged. If it does not affect the land being registered, a conveyancer should certify that fact. Failing this, you should explain the entry in panel 12 of Form FR1, and lodge the original or a certified copy or an examined abstract of the deed or document on which the entry is founded. If this is impossible, you should obtain an office copy of the entry from the Land Charges Department and lodge that, together with any further evidence of the protected interest.

If only an office copy of the entry is available, we are likely to make a protective entry in the register.

4.4.6 Certificate of registration of company charge

With a few exceptions, charges created by a UK company or limited liability partnership must be registered at Companies House. See sections 859A of the Companies Act 2006 for charges created on or after 6 April 2013. For charges dated before this, see section 860 (for companies registered in England, Wales and Northern Ireland) and section 878 (for companies registered in Scotland). Between 1 October 2009 and 30 September 2011, charges by oversea companies had to be registered at Companies House (section 1052, Companies Act 2006).

The certificate of registration issued by Companies House must accompany your application. For charges dated on or after 6 April 2013, you must also lodge a certificate or written confirmation that the charge lodged for registration is:

• the original charge of which a [redacted] copy [under section 859G of the Companies Act 2006] has been filed at Companies House
• the charge to which the accompanying certificate of registration relates

If you do not include the certificate of registration with your application, we will make an entry in the register stating that the charge is subject to the provisions of section 859A, 860, section 878 or section 1052 of the Companies Act 2006, as appropriate (rule 111(2) of the Land Registration Rules 2003).

For charges dated before 6 April 2013, the following types of charge are excepted from the need for registration at Companies House.

• Charges for any rent or other periodical sum issuing out of land
• Charges taken on a property by way of substituted security in exchange for an existing property released from a trust deed that was itself duly registered as a charge under the Companies Act 2006

For charges dated on or after 6 April 2013, the requirement for filing at Companies House does not apply to:

• a charge in favour of a landlord on a cash deposit given as a security in connection with the lease of land
• a charge created by a member of Lloyd’s (within the meaning of the Lloyd’s Act 1982(a)) to secure its obligations in connection with its underwriting business at Lloyd’s
• a charge excluded from the application of this section by or under any other Act

4.4.7 Charitable, ecclesiastical and public trusts

Where a corporation or body of trustees holding on charitable, ecclesiastical or public trusts, other than for a non-exempt charity, applies to be registered as proprietor of a registered estate or charge, the application must be accompanied by the document creating the trust or a certified copy of it (see rules 182 and 214 of the Land Registration Rules 2003).

There are additional requirements for charities. See practice guide 14: charities: advice for applications to be sent to HM Land Registry.

4.4.8 Constitution of a corporation

If the applicant is a corporate body, but is not either:

• a company registered in the UK under the Companies Act 2006
• a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000 or the Limited Liability Partnerships Act (Northern Ireland) 2002
• the trustee of a public, ecclesiastical or charitable trust (other than a non-exempt charity)

you must lodge evidence of the extent of its powers to hold and sell, mortgage, lease, and otherwise deal with land, and, in the case of a charge, to lend money on mortgage (see rule 183(1) of the Land Registration Rules 2003). The evidence must include the document(s) constituting the corporation, or a certified copy, and any further evidence the registrar may require (see rules 183(2) and 214 of the Land Registration Rules 2003). If the evidence is in a language other than English or Welsh, you must supply a certified translation of it.

Alternatively, a certificate in Form 7 (for a corporation incorporated outside the United Kingdom) may be given by a qualified lawyer practising in the territory of incorporation or in Form 8 (for a corporation incorporated within the United Kingdom) may be given by the applicant’s conveyancer.

4.4.9 Social landlords

If the land is held by or in trust for a registered social landlord (see section 1 of the Housing Act 1996), or is grant-aided land held by or in trust for an unregistered housing association (For ‘housing association’ see section 1 of the Housing Associations Act 1985. As to registration of housing associations see section 1 of the Housing Act 1996. ‘Grant aided land’ is defined in Schedule 1 to that Act.), the application must be accompanied by a certificate to that effect (See rule 183 of the Land Registration Rules 2003).

4.4.10 Application for a restriction and use of form RX1

When registering a single individual or corporation as proprietor of a registered estate, whether on a dealing or on first registration, the registrar will only enter a restriction in the following form (Form A) if it is applied for.

“RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.”

Nevertheless, such a restriction ought to be entered on registering a sole trustee or nominee as proprietor of a registered estate, since such a person will normally be unable to give a valid receipt for capital money.

Consequently, a sole or last surviving trustee of a trust of land who applies to be registered as proprietor must at the same time apply for a Form A restriction. This applies both on first registration and on registered dispositions (rule 94(2) of the Land Registration Rules 2003). The application must be made in form RX1 or in the additional provisions panel of an HM Land Registry form of transfer in favour of the applicant (see rule 92(7)(a) of the Land Registration Rules 2003).

Similarly, an applicant for first registration of a legal estate held on a trust of land where the powers of the trustees are limited (See section 8 of the Trustees of Land and Appointment of Trustees Act 1996) must apply for a restriction in Form B. This also applies where the legal estate is vested in the personal representatives of a sole or last surviving trustee. Application must be made in form RX1 or using an HM Land Registry form of transfer, as stated in the preceding paragraph.

Where the legal estate is held on charitable, ecclesiastical or public trusts, see Charitable, ecclesiastical and public trusts.

In other situations where you wish to apply for a restriction, you must use form RX1, unless excepted under rule 92 of the Land Registration Rules 2003. See practice guide 19: notices, restrictions and the protection of third party interests in the register for additional information.

4.4.11 The appropriate Stamp Duty Land Tax or Land Transaction Tax certificate

Stamp Duty Land Tax (SDLT) applies to transactions relating to land in England and transactions relating to land in Wales completed before 1 April 2018. Land Transaction Tax (LTT) applies to transactions relating to land in Wales completed on or after 1 April 2018.

If the application is based upon or includes a land transaction that is affected by SDLT or LTT, the appropriate SDLT or LTT certificate relating to that transaction must accompany the application. Where the application includes a transfer that is not considered by HM Revenue & Customs (HMRC) or the Welsh Revenue Authority (WRA) to constitute a land transaction for tax purposes or where a transaction is not one requiring notification to HMRC or WRA an explanation of the circumstances should be provided, as HM Land Registry may reject any application that fails to include a certificate where one appears to be necessary.

Where land falls partly in England and partly in Wales, the transaction will be treated as if there were 2 transactions and the consideration is to be apportioned between the 2 transactions. If the consideration for each transaction requires notification to HMRC and the WRA, both authorities will issue a land transaction return certificate. There will be cases where the cross-border transaction will include land in Wales or England that is not notifiable to either HMRC or the WRA (or potentially both). In these cases it will be necessary for the taxpayer to notify HM Land Registry when lodging the application that there is only one certificate (or no certificates) because the consideration given for the land in one country, or in both tax jurisdictions, is not notifiable to one, or both, tax jurisdiction(s).

4.4.11.1 Land transactions for SDLT

Land transactions for SDLT fall into 3 categories:

• transactions requiring notification to HMRC and the completion of a land transaction return. HMRC will issue a land transaction return certificate as evidence that SDLT has been accounted for on the transaction notified in the return. You must submit the original certificate or submission receipt to HM Land Registry when registering the transaction
• transactions not requiring notification to HMRC where the transaction was completed on or after 12 March 2008 and comprises:
  • an acquisition (other than the grant, assignment or surrender of a lease) where the chargeable consideration for that acquisition (together with any linked transaction) is less than £40,000. This includes, for example, transfers of freehold land, deeds of gift and deeds of grant of easements. This covers the noting of interests as well as their substantive registration
  • the grant of a lease for 7 years or more where the premium is less than £40,000 (for leases dated before 1 April 2016, the annual rent also had to be less than £1,000 not to require notification to HMRC)
  • the assignment or surrender of a lease where:
    • the lease was originally granted for a term of 7 years or more
    • the consideration for the assignment or surrender, other than any rent, is less than £40,000, and
  • the grant, assignment or surrender of a lease for a term of less than 7 years where the premium does not exceed the zero-rate threshold
• transactions that are exempt from SDLT or outside the scope of SDLT and do not require notification.

Under stamp duty arrangements, where a transfer for value is below the stamp duty threshold, the transfer and form L(A)451 are sent to HM Land Registry. This arrangement does not apply under SDLT. All land transactions liable to SDLT must be notified to HMRC unless they are one of the transactions described above and completed on and after 12 March 2008.

Advice on whether a particular transaction:

• requires to be notified to HMRC on a land transaction return certificate
• is exempt from SDLT (such as a legal charge)
• falls outside the scope of SDLT

can be obtained from the Stamp Taxes helpline on 0300 200 3510, open 08:30 to 17:00 Monday to Friday except public holidays.

HMRC’s Stamp Taxes website also offers assistance.

4.4.11.2 Land transactions for LTT

Land transactions for LTT fall into 3 categories:

• transactions requiring notification to the WRA and the completion of a land transaction return. The WRA will issue an LTT certificate as evidence that LTT has been accounted for on the transaction notified in the return. You must submit the certificate to HM Land Registry when registering the transaction
• transactions not requiring notification to the WRA where the transaction comprises:
  • an acquisition (other than the grant, assignment or surrender of a lease) where the chargeable consideration for that acquisition (together with any linked transaction) is less than £40,000. This includes, for example, transfers of freehold land, deeds of gift and deeds of grant of easements. This covers the noting of interests as well as their substantive registration
  • the grant of a lease for 7 years or more where:
    • the chargeable consideration other than rent is less than £40,000 and
    • the annual rent (or chargeable proportion of the annual rent) is less than £1,000
  • the assignment or surrender of a lease where:
    • the lease was originally granted for a term of 7 years or more, and
    • the chargeable consideration for the assignment or surrender, other than any rent, is less than £40,000
  • the grant, assignment or surrender of a lease for a term of less than 7 years where the chargeable consideration for the grant, assignment or surrender does not exceed the zero rate threshold
• transactions that are exempt from LTT or outside the scope of LTT and do not require notification

If a contract affecting land in Wales was entered into before 17 December 2014 but completion took place on or after 1 April 2018, SDLT evidence will be required, if applicable, provided it is not a transaction excluded by section 16(6) of the Wales Act 2014.

Advice on whether a particular transaction:

• requires to be notified to the WRA on a land transaction return certificate
• is exempt from LTT (such as a legal charge)
• falls outside the scope of LTT
• is affected by cross-border arrangements

can be obtained from the WRA customer service centre on 03000 254 000, open 09.30 am to 5.30pm Monday to Friday except public holidays. The WRA’s website also offers assistance.

4.4.12 Form DI

You must use this form to reveal any disclosable overriding interests under rule 28 of the Land Registration Rules 2003 that are not apparent from the title deeds. This might include prescriptive rights and customary rights not recorded elsewhere. See Panel 12 – Disclosable overriding interests in Completion of the application form FR1.

4.4.13 Form EX1

In some situations, where a document will be referred to in the register you may wish to have prejudicial information removed from that document. Rule 136(1) of the Land Registration Rules 2003 provides for a request to be made by any person upon application.

If you wish to apply to the registrar to designate a document as an exempt information document, you must use form EX1 (rule 136(2)(a) of the Land Registration Rules 2003).

4.4.14 Form AP1

Separate applications are required in respect of registered and unregistered titles. Form AP1 is the application form for dealings with registered titles. Where the transfer, charge or assent to the estate owner includes registered as well as unregistered titles, you must complete form AP1 and form FR1 and pay a separate HM Land Registry fee in respect of each.

Form AP1 may also be needed where there has been a dealing with the land prior to first registration. See Dealings with land before first registration is completed.

4.5 HM Land Registry fees

See HM Land Registry: Registration Services fees for the fees payable.

There are further details of the fee payable for applications to register large holdings of land in practice guide 33: large scale applications and calculation of fees.

You must show the amount of the fee in panel 5 of Form FR1 and, unless you have a prior authorised agreement with HM Land Registry to pay by direct debit, enclose a cheque for that amount, payable to ‘HM Land Registry’, with the application.

You should be aware that we change our fees from time to time to ensure that our costs are covered and that customers get the benefit of improvements in productivity. This results in a new Fee Order.

An updated ready reference guide is issued each time there is a new Fee Order. This guide contains enough information to enable you to calculate the fee payable in straightforward cases. You may also obtain details of the fee payable in particular cases from any HM Land Registry office. You should address any more complex queries in writing, explaining the full background to the transaction, to any HM Land Registry office.

4.6 Submitting your application

All paper applications should be sent to our standard address.

The title should be prepared for first registration as if you were preparing it for examination by a purchaser. You should give full information on any points that a well-advised purchaser would raise requisitions about. The possibility that HM Land Registry may already know the title or part of it should be disregarded.

HM Land Registry now scans the majority of first registration applications to enable them to be processed electronically. The original deeds and documents lodged will be scanned on receipt of the application and returned to you to await completion of the registration.

There may be occasional circumstances when we may have to ask you to send the original deeds and documents back to us for quality assurance purposes. We might also need to send a request for information (requisition). You should therefore retain the returned documents until we notify you that that the application has been completed.

When your application is completed, subject to any requests for information (requisitions), the official copy of the title plan and register will be issued electronically through the portal whenever possible. There may be exceptional circumstances when we may need to send these by post.

Not every first registration application lodged with original deeds and documents will be suitable for scanning (for example where documents are fragile or over a certain size). In these circumstances we will hold all documentation for the duration of the registration process. These will be returned to you on completion, together with the official copy of the title plan and register, by post.

4.7 Time limit

When first registration is compulsory (see Compulsory applications for first registration), you must apply for it within 2 months of the date of completion of the transaction concerned (section 6(4) of the Land Registration Act 2002).

If you do not do so, the transaction becomes void as regards the transfer, grant or creation of a legal estate under section 7(1) of the Land Registration Act 2002. That means:

• if the transaction was a transfer, conveyance or assent, the legal estate reverts to the transferor, who will hold it on a bare trust for the transferee
• if the transaction was an appointment of a new trustee falling within section 4(1)(aa) of the Land Registration Act 2002, the legal estate reverts to the person in whom it was vested immediately before the transfer (see section 7(2)(aa) of the Land Registration Act 2002)
• if the transaction was a lease or mortgage, it takes effect as if it were a contract for valuable consideration to grant the lease or mortgage concerned (see section 7(2) of the Land Registration Act 2002)

However, the registrar can make an order extending the 2-month period, if satisfied on the application of any interested person that there is good reason for doing so under section 6(5) of the Land Registration Act 2002. If that occurs, the transferee, lessee or mortgagee recovers their legal estate, and is treated as having retained it all along (section 7(3) of the Land Registration Act 2002).

Any compulsory first registration application submitted after the 2-month period has expired should therefore be accompanied by a request for an order under section 6(5) of the Land Registration Act 2002, and an explanation of the reason for the delay.

5. The examination process and classes of title

5.1 Examination of title

In unregistered conveyancing, title is ultimately based on the estate owner’s right to be in possession of the land or to receive the rents and profits of it. Showing a full documentary title commencing with a good root of title that is at least 15 years old should normally establish this right.

The appropriate class of title available to an applicant under sections 9(1) and 10(1) of the Land Registration Act 2002 is primarily determined by the quality of documentary title lodged. An HM Land Registry examiner assesses the title deeds accompanying the application to determine if they prove a good holding title. The Land Registration Rules 2003 provide that we may have regard to any prior examination of title by a conveyancer and to the nature of the property when considering the granting of title (rule 29 of the Land Registration Rules 2003).

To ensure that the best possible class of title is given to applicants, the Land Registration Rules 2003 also provide for all the available deeds and documents relating to the title to be lodged (see rule 24(1)(c) of the Land Registration Rules 2003). If, therefore, any of the title deeds that should be in an applicant’s possession are not produced, you must properly account for their absence, especially where the grant of an absolute title might be prejudiced. Where a deed that is not essential to proving title is not lodged, HM Land Registry may make a protective entry, for example when it is known that the missing deed contains restrictive covenants.

Situations where relevant title deeds or documents are unavailable are covered in Evidence of title where the deeds have been lost or destroyed.

For other situations where the applicant cannot show a 15-year documentary title prior to the deed inducing registration, see either Land that has been in the same ownership for a considerable time or Short titles.

For the provision of certificates of title in lieu of other evidence, see Purchases by tenants of public housing, purchases of housing estates etc and repurchases of defective housing.

For titles based on adverse possession, see practice guide 5: adverse possession of (1) unregistered and (2) registered land where right to be registered was acquired before 13 October 2003.

The examiner may also make searches and enquiries under rule 30(a) of the Land Registration Rules 2003, or require the applicant to make any further searches or enquiries considered necessary under rule 30(b) of the Land Registration Rules 2003.

HM Land Registry may give notice of a first registration application to other persons under rule 30(a) of the Land Registration Rules 2003, and may also advertise it under rule 30(c) of the Land Registration Rules 2003. Advertisements are rare, but we will serve notice on third parties if we believe they may have grounds for objecting, for example, on either:

• the Highway Authority, if an application appears to include part of the highway
• a person who has a caution against first registration of the estate concerned

Any person may object to the application, whether or not we notify them of it (section 73 of the Land Registration Act 2002). We will notify the applicant of any objection and the title will not be registered until the objection has been withdrawn or disposed of. If necessary, the matter will be referred to the Land Registration division of the Property Chamber, First-tier Tribunal under section 73(7) of the Land Registration Act 2002.

Any purchaser or mortgagee should always make a prior search of the index map. This will reveal any caution against first registration, as well as revealing whether any part of the land is already registered.

5.2 Evidence of title where the deeds have been lost or destroyed

The vendor’s ability to produce the title deeds of the property and the absence of any unexplained memoranda of sales off or other dealings with the land are important safeguards for a purchaser of unregistered land, and for the registrar on first registration.

Where the applicants are unable to produce all the deeds that ought to be in their possession or control, the possibility of an undisclosed mortgage, of defective recollection by the applicant, or even of fraud, cannot be ruled out.

Because of this we take special precautions when registering land when it is claimed that all or some of the title deeds have been lost or destroyed. Particular attention will be given to:

• the identity of the applicant
• custody of the deeds at the time of their loss
• the evidence of the loss or destruction and the circumstances in which it occurred
• any available secondary evidence of the contents of the missing deeds
• the possibility of restrictive covenants, easements or other incumbrances on the title

For more information on class of title, protective entries and the undertakings we may require, see practice guide 2: first registration of title if deeds are lost or destroyed.

5.3 Classes of title

5.3.1 Absolute freehold title

A person will be registered with absolute freehold title if we are satisfied that their title to the estate is:

“such as a willing buyer could properly be advised by a competent professional adviser to accept” (section 9(2) of the Land Registration Act 2002).

An application based on a purchase of unregistered land for value by the responsible estate owner (or a successor in title, see section 6(1) of the Land Registration Act 2002) supported by a proper documentary title commencing with a good root at least 15 years old at the date of the acquisition will normally result in the grant of an absolute title.

HM Land Registry may additionally disregard the fact that a title is technically flawed if the examiner is satisfied that any defect will not cause the holding under the title to be disturbed (section 9(3) of the Land Registration Act 2002). See Qualified titles for applications where the examiner is not able to disregard such title defects.

An application based on a first mortgage of unregistered land, supported by a proper documentary title commencing with a good root at least 15 years old at the date of the mortgage, will also normally result in the grant of an absolute title.

5.3.2 Absolute leasehold and good leasehold titles

Absolute leasehold title will only be granted if:

• we are satisfied that title to the estate is such as a willing buyer could properly be advised by a competent professional adviser to accept, and
• we approve the lessor’s title to grant the lease (section 10(2) of the Land Registration Act 2002)

We must also approve the title to any intermediate leasehold title that exists. We will not normally grant an absolute title to the lease being registered unless we are satisfied on the evidence lodged either:

• that it and any superior leases were validly granted
• that the lease is binding on the current lessors and their mortgagees, if any, and that the current lessor’s title is capable of registration with absolute freehold or absolute leasehold title

Prior to 19 June 2006, it was our practice to grant only good leasehold title either:

• if the applicant for registration was unable to lodge a consent by a head-lessor if the lease to be registered was a sub-lease and the lessor’s own lease contained a limitation on alienation
• if the lessor’s mortgagee had not consented to the grant of the lease

Following a review of our practice, and for leases registered since 19 June 2006, we now grant absolute leasehold title on:

• registration of a sub-lease where the consent of the head-lessor is not lodged. At the request of the Law Society that the issue of consent by the head-lessor be dealt with in the individual registers for sub-leases, we will make the following entry in the property register of the lessee’s title

“The registrar has not seen any consent to the grant of this sub-lease that the superior lease, out of which it was granted, may have required.”

Note: While we will not make this entry if the registrar sees a consent, the consent may not have been a sufficient consent in terms of the head-lease. We will not check the terms of the head-lease, nor whether any consent has been given by the correct person.

It is our view that while a sub-lease in breach of a prohibition or restriction in a head-lease is a valid lease that may be registered with absolute leasehold title, absolute title in respect of that sub-lease would not prevent the forfeiture of the head-lease and determination of the sub-lease, with closure of the sub-lease title.

• registration of a lease where the consent of any mortgagee is not lodged. If no evidence is lodged that the mortgagee consented to the granting of the lease, or that the lease is within section 99, Law of Property Act 1925 or expressly authorised by the mortgage, we will make the following entry in the property register of the lessee’s title

“The title to the lease is, during the subsistence of the charge dated … in favour of … affecting the lessor’s title (and to the extent permitted by law, any charge replacing or varying this charge or any further charge in respect of all or part of the sum secured by this charge), subject to any rights that may have arisen by reason of the absence of chargee’s consent, unless the lease is authorised by section 99 of the Law of Property Act 1925.”

The purpose of this entry is to alert any potential purchasers to the possible vulnerability of the registered lease. It should also reduce the possibility of the mortgagee’s right effectively to determine the lease being lost as a result of section 29 of the Land Registration Act 2002.

Note: This practice applies equally to legal charges, floating charges and fixed equitable charges.

Good leasehold title is granted where the lessee’s right to assign the lease has been shown but the evidence is not such as to satisfy the registrar as to the 2 points above.

5.3.3 Qualified titles

Qualified titles are rare. They cannot be applied for unless HM Land Registry has refused to grant a superior title. They may be granted if the registrar is of the opinion that the applicant’s title to the estate has been established only for a limited period or subject to certain reservations that cannot be disregarded (section 9(4) of the Land Registration Act 2002). An example would be where the title depended on a transaction that appeared to be in breach of trust. The title would then be qualified so as to preserve any interest of the beneficiaries of the trust.

Where leasehold titles are concerned, we will grant qualified title if we think that either the applicant’s title to the estate, or the lessor’s title to the reversion, has been established only for a limited period subject to certain reservations that cannot be disregarded under section 10(5) of the Land Registration Act 2002.

5.3.4 Possessory titles

Possessory title may be granted for freehold estates under section 9(5) of the Land Registration Act 2002 and leasehold estates under section 10(6) of the Land Registration Act 2002 if the registrar is of the opinion that:

• the applicant is in actual possession of the land, or in receipt of the rents and profits of the land, by virtue of the estate, and
• there is no other class of title with which they may be registered

An estate owner with a limited or no documentary title may still be registered with possessory title.

5.4 Titles based on assents

Under section 36(7) of the Administration of Estates Act 1925, a purchaser may accept an assent by a personal representative in respect of an unregistered legal estate as sufficient evidence that the assentee is the person entitled to have the legal estate conveyed to them, unless notice of a previous assent affecting that legal estate has been placed on or annexed to the probate or letters of administration.

See also Inheritance tax.

5.5 Title to appurtenant easements

You must not only show title to land being registered but also to any appurtenant easements. We will normally make no entry of the benefit of easements unless we are satisfied as to the title to them. However, there is usually no need to show any earlier title to appurtenant easements that are created or transferred by the root deed. We can only register title to appurtenant legal easements.

Title to the easement must be shown even where the servient land is registered and the easement is already noted in the register of the servient land. This notice does not guarantee the validity of the easement (section 32(3) of the Land Registration Act 2002) and so is not automatically sufficient evidence of title.

If the notice was entered on or after 13 October 2003 and before 6 April 2018, the easement will only be a legal easement for the purposes of section 27(1) and 27(2)(d) of the Land Registration Act 2002 if the notice was entered following an application made in form AP1: you can check if form AP1 was used by applying for a copy of the application form (the prescribed form to use is form OC2).

Where the servient land is registered and the easement is not already noted in the register, we can still enter it as appurtenant to the dominant land on first registration if we are satisfied that it exists. However, we will normally need to note the burden of the easement on the servient title at the same time. If the easement was granted on or after 13 October 2003 over land that was registered at the time, you will first need to apply for registration of the easement on that title, using either form AP1 or form AN1 (on or after 6 April 2018). That is because until the easement is noted pursuant to rule 90(b) of the Land Registration Rules 2003 it will not operate at law under section 27(1) of the Act. In other words it will not be a legal easement, it will only be an equitable easement. Before we can register the easement on first registration by entering the benefit on the new title, it must first be registered against the servient title.

From 6 April 2018, the application to complete a grant by registration, where only the servient land is registered, can be made in form AP1 or form AN1: it can be lodged before or at the same time as the application in form FR1 for first registration of the title which it benefits. If notice is entered without an application for first registration, the express easement may be legal unless the notice is a unilateral notice.

In all cases where we propose to note the burden of the easement on the servient title, we will serve notice on the registered proprietor, and normally on any chargee, before doing so. However, you will need to supply evidence of the consent of any registered chargee whose charge already existed when the easement was granted. You will also need to comply with any restriction, if the servient land was registered when the easement was granted.

5.6 Land charges void for non-registration at the Land Charges Department

If you are claiming that a post-1925 restrictive covenant or other incumbrance is void for non-registration and therefore should not be noted in the register, raise the matter in a covering letter and supply the necessary evidence. Note that a restrictive covenant, that is unprotected by registration at the Land Charges Department, is nevertheless binding on the estate owner where there has been no intervening purchase for money or money’s worth of the legal estate affected by the covenant (section.4(6) of the Land Charges Act 1972. For the position in relation to land charges of other categories see the provisions of that section).

You should also note that the Land Charges Act 1972 does not apply to a land charge created by an instrument that conveys, grants or assigns an estate in land and affecting that estate, if the instrument was executed on or after 27 July 1971 and gives rise to compulsory first registration (section 14(3) of the Land Charges Act 1972). It follows that purchaser’s restrictive covenants in such an instrument are not void for non-registration at the Land Charges Department.

So where, for example, a purchaser’s restrictive covenant appears in a transfer on sale dated 4 August 1971 and has not been registered at the Land Charges Department, it is necessary to check the date on which first registration became compulsory. If the date is earlier than August 1971, the covenant is not void for non-registration.

You should note the following points when preparing the evidence in support of a claim that a land charge has become void for non-registration at the Land Charges Department:

• you must provide a clear Land Charges search certificate in the name(s) of the relevant estate owner(s), including any former names or variations
• your search must cover the whole period of ownership of each of the estate owners to which it relates. Where an estate owner has died, it should also cover the period from the death to the next transfer for value. A search where the priority period expired before the date of a transfer, that it is claimed took effect free from the land charge, is clearly unacceptable
• the search must correctly state the county and any former counties
• under the Land Charges Act 1925 (repealed), restrictive covenants in favour of a local authority could be registered either at the Land Charges Department or as local land charges (section 15(1) of the Land Charges Act 1925 (repealed)). Since 1 August 1977 the 2 categories are mutually exclusive, and restrictive covenants binding on successive owners of the land affected by reason of their being made for the benefit of land belonging to the local authority are no longer classed as local land charges. Therefore, if you apply to register land free from a restrictive covenant in favour of a local authority in a deed dated before 1 August 1977, HM Land Registry will need to see a clear local land charge search as well as a clear land charges search
• a restrictive covenant made with a local authority on or after 1 January 1926 and enforceable against a purchaser by virtue of a special statutory provision, rather than by virtue of the general law, is a local land charge (Sections 1(1)(c) and 2(c), Local Land Charges Act 1975.) and as such cannot be void for non-registration (Paragraph 6 of Schedule 1 to the Land Registration Act 2002. If such covenants appear on the title they will be noted in the register). It is an overriding interest until protected in the register(Paragraph 6 of Schedule 1 to the Land Registration Act 2002. If such covenants appear on the title they will be noted in the register). The same applies to a restrictive covenant made with a minister of the Crown or government department on or after 1 August 1977 and enforceable against a purchaser by virtue of a special statutory provision (Sections 1(1)(c) and 2(c), Local Land Charges Act 1975)
• if any of the land falls within the former North, East or West Ridings of Yorkshire and the land charges search relied on is dated prior to 1 April 1976, the search may not reveal land charges registered at the relevant Yorkshire deeds registry (or if it is a search in the Yorkshire deeds registry land charges register, at the Land Charges Department). In this situation, you should make a further search at the Land Charges Department
• any correspondence with the Land Charges Department must be lodged

5.7 Land that has been in the same ownership for a considerable time

Where land has not changed hands for centuries it may be impossible to deduce title in the normal way because the applicant has no satisfactory documents of title. In extreme cases there may be no record at all of the circumstances in which the land was acquired.

Applications where full documentary title cannot be produced are provided for by rule 27 of the Land Registration Rules 2003. You must lodge evidence:

• satisfying the registrar that the applicant is either entitled or required to apply for first registration
• where appropriate, accounting for the absence of documentary evidence of title

In cases involving ancient possessions, where the deeds (if any) cannot be easily identified or do not clearly identify the land, you must lodge a statutory declaration in support of the application.

Information should also be provided as to whether or not the applicant is either in occupation of the land or receiving any rents and profits from it.

Individual arrangements for certificates of title may be considered for charities and other large landowners who can provide reliable information on title.

5.8 Inheritance tax

The registrar is obliged, under rule 35(1) of the Land Registration Rules 2003, to enter notice in the register of any interest which appears from the registrar’s examination of title to affect the registered estate. This includes notice of a charge for any inheritance tax (or interest on the tax) which might be due. Where tax on a chargeable transfer (or interest on the tax) is unpaid, HM Revenue & Customs is entitled to an inheritance tax charge on any property comprised in the estate.

An inheritance tax charge is protectable by registration of a D(i) land charge and where such a registration exists we will make the following register entry on first registration of the property unless evidence of discharge is supplied:

Land Charges registration number [….] dated [date] protecting a Land Charge Class D(i) in respect of inheritance tax against [Name]. No further particulars were supplied on first registration.

Where a property forming part of the estate is transferred for value then the property is not transferred subject to the inheritance tax charge; however, where the property is assented or gifted (that is, not for valuable consideration) then it passes to the recipient subject to the inheritance tax charge. The registrar must make an appropriate entry in the charges register if, from evidence of the applicant’s title supplied, it appears to the registrar that the land may be liable to a subsisting inheritance tax charge. There may be circumstances where an inheritance tax liability arises, even if the value of the deceased’s estate is below the maximum exempt threshold; the registrar is not in a position to know what percentage of any exempt threshold may have been used up or transferred, or what other circumstances (for example, a deed of variation of a will, or gift with a reservation) might have affected the tax position.

Situations where the inheritance tax charge may arise include:

• When the property passes on a death

If (a) the property has not been sold since the donor died; (b) the death occurred within 6 years of the date of the application; and (c) the net value of the donor’s estate shown in the probate or letters of administration exceeds the current inheritance tax threshold.

• When the donor of a lifetime gift died within 7 years of making the gift

When it is known that (a) the donor of a lifetime gift died within 7 years of making the gift; (b) the property has not been sold within 8 years of the date of the application; (c) the gift was made within 8 years of the application; and (d) the value of the property is in excess of the current inheritance tax threshold.

Where the application is not founded on a disposition for value we have to consider whether there may be any liability for inheritance tax irrespective of any land charge registration. You can avoid an entry being made in the register or a requisition on this point by providing the requisite evidence. Alternatively, you can lodge written confirmation of this provided by HM Revenue & Customs.

5.9 First registration based on dispositions by the Crown and the Duchies of Lancaster and Cornwall

Section 80 of the Land Registration Act 2002 lists those dispositions by the Crown that are subject to compulsory registration. For dispositions by the Royal Duchies, the normal provisions of section 4 of the Land Registration Act 2002 apply.

You should lodge applications based on dispositions by the Crown or Duchies in the normal way, using form FR1 and form DL in duplicate.

We will not normally expect you to have any deeds deducing title other than the grant by the Crown or the transfer by the Royal Duchy. If you do hold any affecting deeds and documents, however, you should include them with your application so that we can extract any matters affecting the title that need entry in the register.

You will need to supply land charges searches against the Crown Estate Commissioners, the Sovereign, the Duchy of Cornwall and/or the Duchy of Lancaster, as appropriate. For information about the special arrangements for ordering these searches, see practice guide 63: land charges: registration, official search, office copy and cancellation.

5.9.1 Foreshore

If the land you are applying to register comprises or includes foreshore, or abuts Crown foreshore, we will serve notice on the Crown Estate Commissioners and, where appropriate, on the Royal Duchies and the Port of London Authority (rule 31(1) of the Land Registration Rules 2003) before we complete the registration.

You should lodge any agreement as to the operation of accretion and diluvion, together with any necessary consents (rule 123(1) of the Land Registration Rules 2003), the terms of which we shall enter in the register under section 61(2) of the Land Registration Act 2002.

5.9.2 Escheat

If you are applying to register an estate where a previous freehold estate has reverted to the Crown or Duchies on escheat, you should apply as normal using form FR1 and Form DL in duplicate. The grant or transfer will recite the details of the escheat, including the title number, if the determined estate is registered. Subject to serving notice on the registered proprietor of the determined estate, we will register the applicant as proprietor of a new freehold estate and close the title of the determined estate. The new estate will be subject to all the incumbrances that previously affected the determined estate, unless you are able to lodge evidence to the contrary, such as a court order or evidence that they are unenforceable.

5.10 Purchases by tenants of public housing, purchases of housing estates etc and repurchases of defective housing

Absolute, or in certain cases, good leasehold (when the interest acquired is an underlease, the class of title will depend on how the certificate in form PSD3 has been completed) title is granted without any examination of the vendor’s or lessor’s title in the case of purchases under the ‘right to buy’ scheme or its extension (See Part V, Housing Act 1985 and the Housing (Extension of Right to Buy) Order 1993), and in certain other cases for which statutory provision has been made.

(See as to the preserved right to buy, section 154, Housing Act 1985 as applied by the Housing (Preservation of Right to Buy) Regulations 1993; as to disposals subject to the preserved right to buy, paragraph 2(4) of Schedule 9A, Housing Act 1985 as applied by those regulations; as to the repurchase of defective housing, paragraph 17(2) of Schedule 20, Housing Act 1985, as to voluntary disposals, section 133(8), Housing Act 1988; as to Housing Action Trust sales, section 81(9) and (11), Housing Act 1988; as to sales by the Development Board for Rural Wales, sections 172-3, Local Government and Housing Act 1989 and New Towns (Transfer of Housing Stock) Regulations 1990).

In these cases a certificate of title will be provided in one of the following forms.

5.10.1 Right to buy/right to a shared ownership lease

• PSD1 On conveyance of the freehold of a house.
• PSD2 On the grant of a lease of a flat or a shared ownership lease of a house or flat where the landlord owns the freehold
• PSD3 On the grant of a lease of a house or flat where the landlord does not own the freehold
• PSD16 On conveyance of the freehold of a house to a secure public sector tenant even though the immediate landlord owns only a leasehold estate and not the freehold

5.10.2 Preserved right to buy

• PSD13 On the conveyance of the freehold of a house
• PSD14 On the grant of a lease of a flat where the landlord owns the freehold
• PSD15 On the grant of a lease of a house or flat where the landlord does not own the freehold

5.10.3 Disposal subject to preserved right to buy/voluntary disposal with consent of the Secretary of State/disposal by Housing Action Trust or the Development Board for Rural Wales

• PSD17 On the conveyance, lease or assignment of housing land or buildings. Further information on lodging these applications may be found in practice guide 47: transfers of public housing estates.

Where one of the above certificates is provided, you must ensure that the certificate is properly completed and signed. Land Charges Department searches are not required. The property will be registered subject only to the incumbrances mentioned in the certificate or in the deed inducing registration, and those created by the applicants.

5.10.4 Repurchases of defective housing

• PSD11 Freehold dwelling
• PSD12 Leasehold dwelling

Where one of these certificates, properly completed and signed, is provided by the applicant authority the property will be registered subject only to the incumbrances mentioned in the certificate and any incumbrances created by the applicant authority on or after the date of the certificate. Land Charges Department searches need not be lodged.

5.11 Short titles

Sometimes a contract for sale provides for title to be deduced from a root deed less than 15 years old. Such a title might be offered where, for example, the vendor is a donee and holds no title deeds other than the deed of gift. HM Land Registry is unlikely to grant an absolute or good leasehold title in such circumstances.

6. Forms of transfer inducing first registration

6.1 Use of an HM Land Registry transfer or assent

A conveyance of unregistered land must be made by deed, but the form of deed is largely immaterial, as long as it is clear and contains all the provisions that are necessary to give effect to what the parties have agreed. Hence, a conveyance (including one giving effect to a partition of unregistered land among the beneficiaries of a trust of land or one that is made in consequence of the appointment of a new trustee) or an assent that will lead to compulsory first registration can be made either in the traditional form, or by using the appropriate HM Land Registry form of transfer. The appropriate HM Land Registry form of transfer can also be used where a new trustee is being appointed and the unregistered land is being expressly transferred to the new and continuing trustees in the same deed.

An HM Land Registry transfer is particularly useful for a sale of land free from incumbrances. In other cases, since there is no title register, either the incumbrances must be mentioned in the transfer or the title guarantee must be modified (see sections 3 and 6 of the Law of Property (Miscellaneous Provisions) Act 1994.) A suitable modification would be:

“This transfer is made with full title guarantee but the covenant set out in section 3(1) of the Law of Property (Miscellaneous Provisions) Act 1994 does not extend to the incumbrances (other than monetary charges, if any) appearing on the title.”

6.2 Transfer and assent forms

There are various forms for transfers and assents of whole and part titles. They may be used for transfers that will cause compulsory registration as well as transfers of registered land.

6.2.1 Forms TR1, TR2 and TR5

Use these forms for transfers of the whole of the land in one or more titles. Form TR2 is for a transfer by a mortgagee in possession. Form TR5 is an alternative to form TR1 for use when transferring a portfolio of titles (registered or unregistered).

6.2.2 Forms TP1, TP2 and TR5

Use these forms for a transfer that comprises or includes part only of the land in a title, or where the transferor retains mines and minerals or transfers mines and minerals while retaining the surface land. Form TP2 is for a transfer by a mortgagee in possession. Form TR5 is an alternative to form TP1 for use when transferring a portfolio of titles (registered or unregistered) that includes part titles.

6.2.3 Form AS1

Use form AS1 for an assent of the whole of the land in one or more titles.

6.2.4 Form AS3

Use form AS3 for an assent that comprises or includes part only of the land in a title.

Further details of how to use and complete HM Land Registry disposition forms may be found in practice guide 21: transfer forms for complex transactions.

6.3 Vesting of land in new trustees of an existing trust on the death of a sole or last surviving trustee

Where land is held by personal representatives of a sole or last surviving trustee of a continuing trust of land, a conveyance, transfer or deed of appointment should be used to vest the land in the new trustees, all of which will, if dated on or after 6 April 2009, trigger compulsory registration. The use of an assent in these circumstances (whether in an HM Land Registry form or not) is incorrect.

7. Dealings with land before first registration is completed

Sometimes an unregistered estate that has become subject to compulsory first registration (because of a qualifying transfer, lease or mortgage) needs to be dealt with again before registration has been applied for.

This is possible, but the Land Registration Act 2002 will apply to the later dealing or dealings as if the estate were already registered under rule 38 of the Land Registration Rules 2003.

So, HM Land Registry forms must, where applicable, be used for later dealings, and the registration requirements set out in section 27 and Schedule 2 of the Land Registration Act 2002 must be met.

You can apply to register the later dealing(s) either at the same time as the application for first registration or subsequently. You cannot apply before the first registration application has been made. If the first registration application is cancelled for any reason, any application to register the later dealings will also be cancelled.

The following sections explain how disponees who are in this position can apply for registration, and what they can do, if necessary, to protect their interests by other means.

7.1 Dealing is a transfer

Transferees have a choice. They can either:

• insist that a transferor who is required to apply for first registration under section 6(1) of the Land Registration Act 2002 does so, and then lodge their own application (in form AP1) at the same time or later
• apply for first registration themselves, which they are entitled to do because section 6(1) of the Land Registration Act 2002 allows the application to be made by the successor in title of the estate owner who first became liable to make it

If the transferees are satisfied with the title offered, it will often be best for them to make the application themselves. They should apply in form FR1, showing themselves as the applicants in panel 6. See HM Land Registry: Registration Services fees for the fee payable for first registration. You should note that where application is made using form FR1 and form AP1, separate scale fees are payable for each transaction.

If more than 2 months have elapsed between the event that triggered compulsory registration and the date of application, the transferee will be an ‘interested person’ who is entitled to apply to the registrar for an extension to the period for registration under section 6(5) of the Land Registration Act 2002.

Whichever method is adopted, a transfer that takes place after the requirement for first registration has arisen must be in the appropriate HM Land Registry form.

7.2 Dealing is the grant of a lease

Lessees are not successors in title to their lessor’s reversionary estate, so they cannot apply to register it. If the lessor is required under section 6(1) of the Land Registration Act 2002 to apply for first registration of their estate, and the lease is of a kind that will need to be registered (see section 27(2)(b) of the Land Registration Act 2002), the intending lessee should insist that the lessor applies for first registration before the lease is completed.

Until the lessor’s estate is registered, the lease cannot be registered. The grant of the lease is a disposition that does not pass the legal estate until the registration requirements are met. Those requirements cannot be met until the lessor’s title has been registered, so that the lease can be noted as an incumbrance in its register (this is the combined effect of section 27 and paragraph 3 of Schedule 2 of the Land Registration Act 2002 and rule 38 of the Land Registration Rules 2003).

The lease cannot be registered voluntarily under section 3(2) of the Land Registration Act 2002 because there is no legal estate.

If the lessor does not apply to register their own title within the 2-month period, the lessee cannot prevent the lessor’s legal estate, and their own, becoming void under section 7(1) of the Land Registration Act 2002.

In these circumstances the lessee may protect their interest by:

• applying for a caution against first registration (section 15(3) of the Land Registration Act 2002 does not prevent this, as the lessee does not have a legal estate), and
• registering a class C(iv) land charge

7.3 Charges

7.3.1 First legal mortgage

The mortgagee should ensure that the mortgagor applies for registration of the land in the name of the mortgagor and for its mortgage to be registered as a charge. If necessary, the mortgagee can make an application in the name of the mortgagor for the estate charged by the mortgage to be registered without the consent of the mortgagor (see section 6(6) of the Land Registration Act 2002 and rule 21 of the Land Registration Rules 2003).

7.3.2 Puisne mortgage (second charge) by the estate owner of unregistered land

The mortgagee should obtain the necessary priority for its charge by making an official search at the Land Charges Department. If it is not in a position to ensure that an application for first registration of the land (and its own charge) is made within the priority period of its search, it should protect its interest by registering a class C(i) land charge. Care should be taken to register the mortgage in the name of the estate owner. Where the transfer to the estate owner is one to which section 6 of the Land Registration Act 2002 applies and the legal estate appears to have reverted under section 7(1) of the Land Registration Act 2002 it will be advisable, in view of section 7(2), to register in both names – the revertee’s and the mortgagor’s.

The mortgagee can also register a caution against first registration. Though the caution will not give it any priority against subsequent dealings, it will ensure that it is notified when an application for first registration is made, so that it can then apply to register the charge.

7.4 Other dealings

If a transaction other than a transfer, lease or charge (such as the grant of an easement) is affected by rule 38 of the Land Registration Rules 2003, then:

• we cannot register it, guarantee the benefit of it or note it (as appropriate) until application for first registration is received, and
• it will then require a separate dealing application and fee (unless covered by an abatement)

It can be protected in the interim by a caution against first registration or, in some cases, such as where there is an equitable easement, by registration of a land charge.

7.5 Reservation of a sale of part

Vendors who have reserved to themselves a legal easement generally need take no action as their interest will automatically be noted in the register on first registration of the servient land. If the rights are overlooked by the examiner they will continue to bind the registered proprietor as overriding interests. In a few instances, however, the overriding status of these rights may be lost on a subsequent transfer of the servient land.

7.6 Dealings with land in the course of registration

We cannot supply an official copy of the register until the registration has been completed. A person dealing with the estate owner should therefore investigate the title as if the land were still unregistered.

You may secure priority for such a dealing by means of an official search. Use form OS1 for searches affecting the whole of the pending first registration and form OS2 for searches of part. Describe the search as ‘Pending first registration search’ in the relevant panel of the search form. The search will disclose, among other things, details of any applications or official searches with priority pending against the title.

8. When land became subject to compulsory registration

8.1 English authorities outside London

Compulsory land registration was extended piecemeal across the country in a series of Registration of Title Orders.

The list is complex because of several local government reorganisations that have taken place since. This means that many current local government areas have had compulsory registration brought in at different times and, therefore, you may need to refer to former local government areas.

The abbreviations used for former authorities are:

• CB: county borough
• MB: municipal borough
• UD: urban district
• RD: rural district.

Administrative area	District	Date of compulsory registration
Barnsley	All	1 September 1974
Bath and North East Somerset	Bath	1 May 1974
	Wansdyke	1 April 1985
Bedford	Former borough of Bedford (Part formerly Bedford MB and Kempston UD)	1 October 1969
	Former borough of Bedford (Part formerly Bedford RD)	1 September 1974
Birmingham	Part formerly Sutton Coldfield MB	1 February 1965
	Remainder	2 May 1966
Blackburn with Darwen	Former Blackburn CB	1 June 1962
	Remainder	1 May 1974
Blackpool	All	1 March 1977
Bolton	Part formerly Bolton CB, Farnworth MB, Kearsley UD, Little Lever UD	1 December 1965
	Remainder	1 January 1974
Bournemouth, Christchurch and Poole	Former unitary authority of Bournemouth	1 March 1977
	Christchurch	1 March 1977
	Poole	1 June 1975
Bracknell Forest	All	1 April 1963
Bradford	All	1 September 1974
Brighton and Hove (City of)	All	1 October 1965
Bristol (City of)	All	1 December 1967
Buckinghamshire	South Bucks	1 December 1975
	Remainder	1 November 1986
Bury	Part formerly Bury CB, Prestwich MB, Radcliffe MB, Whitefield UD	1 December 1965
	Remainder	1 January 1974
Calderdale	All	1 June 1975
Cambridgeshire	Cambridge	1 May 1974
	Huntingdonshire (part formerly Peterborough)	1 March 1977
	Huntingdonshire (remainder); South Cambridgeshire	1 November 1986
	Remainder	1 December 1988
Central Bedfordshire	Former Mid Bedfordshire	1 November 1985
	Former South Bedfordshire (part formerly Dunstable UD)	1 October 1969
	Former South Bedfordshire (part formerly Leighton-Linsdale UD and Luton RD)	1 September 1974
Cheshire East	Former borough of Crewe and Nantwich (part formerly Crewe MB)	1 July 1967
	Former borough of Crewe and Nantwich (remainder)	1 May 1974
	Former boroughs of Congleton and Macclesfield	1 February 1978
Cheshire West and Chester	Former city of Chester (part formerly Chester CB)	1 March 1966
	Former city of Chester (remainder)	1 May 1974
	Former boroughs of Ellesmere Port and Neston and Vale Royal	1 October 1977
Cornwall	Former district of Caradon; former borough of Restormel	1 April 1985
	Remainder	1 December 1988
County Durham	Former city of Durham (part formerly Durham and Framwelgate MB)	1 March 1967
	Former district of Easington (part formerly Seaham UD)	1 February 1968
	Former city of Durham (remainder); former district of Easington (remainder)	1 May 1974
	Former district of Chester-le-Street; former borough of Sedgefield	1 December 1975
	Remainder	1 December 1987
Coventry	Part formerly Coventry CB	1 December 1964
	Remainder	1 March 1974
Cumbria	Barrow-in-Furness	1 March 1977
	Allerdale; Carlisle	1 November 1986
	Remainder	1 December 1987
Darlington	Part formerly Darlington CB	1 February 1968
	Remainder	1 May 1974
Derby (City of)	All	1 April 1968
Derbyshire	Erewash (part formerly Long Eaton UD)	1 December 1969
	Erewash (remainder)	1 September 1974
	Bolsover; Chesterfield	1 March 1977
	Amber Valley; North East Derbyshire	1 April 1985
	Remainder	1 December 1987
Devon	Exeter	1 May 1974
	East Devon; South Hams; Teignbridge	1 February 1978
	Mid Devon; North Devon	1 April 1986
	Remainder	1 December 1988
Doncaster	All	1 September 1974
Dorset	East Dorset; Weymouth and Portland	1 October 1977
	Remainder	1 April 1990
Dudley	Part formerly Dudley CB	1 April 1967
	Remainder	1 March 1974
East Riding of Yorkshire	Part formerly East Yorkshire (North Wolds)	1 September 1974
	Remainder	1 November 1985
East Sussex	Eastbourne	1 January 1926
	Hastings	1 January 1929
	Lewes (part formerly Lewes MB); Rother (part formerly Bexhill MB)	1 October 1966
	Lewes (remainder); Rother (remainder)	1 June 1975
	Remainder	1 February 1978
Essex	Basildon; Epping Forest; Harlow	1 March 1977
	Chelmsford	1 November 1985
	Braintree; Colchester (part formerly Colchester Dist); Tendring (part formerly Colchester Dist); Uttlesford	1 November 1986
	Remainder	1 December 1990
Gateshead	All	1 January 1974
Gloucestershire	Gloucester	1 April 1967
	Cheltenham	1 November 1985
	Remainder	1 November 1986
Halton	All	1 October 1977
Hampshire	Eastleigh; Fareham; Gosport	1 October 1977
	Havant; New Forest	1 February 1978
	Basingstoke and Deane	1 April 1986
	East Hampshire; Hart; Rushmoor; Test Valley; Winchester	1 March 1988
Hartlepool	Part formerly Hartlepool CB	1 February 1968
	Remainder	1 May 1974
Herefordshire (County of)	Part formerly Hereford district	1 March 1977
	Remainder	1 December 1990
Hertfordshire	Hertsmere (part formerly Potters Bar UD)	1 January 1937
	Hertsmere (part formerly Bushey UD); Three Rivers (part formerly Rickmansworth UD); Watford	1 April 1968
	Hertsmere (remainder); Stevenage; Three Rivers (remainder)	1 May 1974
	Broxbourne; Welwyn Hatfield	1 March 1977
	St Albans	1 October 1977
	East Hertfordshire	1 February 1978
	Remainder	1 November 1985
Isle of Wight	All	1 April 1986
Isles of Scilly	All	1 December 1988
Kent	Dartford (part formerly Swanscombe UD); Gravesham	1 March 1957
	Ashford; Canterbury (part formerly Canterbury CB, Bridge-Ban RD); Thanet	1 January 1958
	Canterbury (remainder); Maidstone; Shepway; Swale; Tonbridge and Malling (part formerly Malling RD); Tunbridge Wells (part formerly Cranbrook RD)	1 October 1958
	Remainder	1 January 1961
Kingston upon Hull (City of)	All	1 December 1975
Kirklees	Part formerly Huddersfield CB	2 April 1962
	Remainder	1 March 1974
Knowsley	All	1 June 1975
Lancashire	Burnley (part formerly Burnley CB); Preston (part formerly Preston CB)	1 October 1965
	Preston (remainder)	1 May 1974
	Burnley (remainder); Ribble Valley (part being parish of Simonstone)	1 September 1974
	Fylde	1 March 1977
	Rossendale	1 October 1977
	Hyndburn; Pendle	1 April 1985
	Chorley; South Ribble; West Lancashire	1 April 1986
	Remainder	1 March 1988
Leeds	Part formerly Leeds CB	1 October 1970
	Remainder	1 March 1974
Leicester	All	1 October 1957
Leicestershire	Blaby; Oadby and Wigston	1 March 1977
	Charnwood; North West Leicestershire	1 October 1977
	Remainder	1 November 1985
Lincolnshire	Lincoln	1 December 1975
	East Lindsey; West Lindsey	1 February 1989
	Remainder	1 December 1989
Liverpool	All	1 December 1969
Luton	All	1 October 1969
Manchester	Part formerly Manchester CB	2 October 1961
	Remainder	1 January 1974
Medway	All	1 March 1957
Middlesbrough	Part formerly Teesside CB	1 September 1970
	Remainder	1 January 1974
Milton Keynes	All	1 November 1986
Newcastle upon Tyne	Part formerly Newcastle upon Tyne CB	1 December 1969
	Remainder	1 January 1974
Norfolk	Norwich (part formerly Norwich CB)	1 April 1968
	Norwich (remainder)	1 January 1974
	Great Yarmouth	1 November 1985
	Remainder	1 December 1989
North East Lincolnshire	Part formerly Great Grimsby District	1 December 1975
	Remainder	1 March 1977
North Lincolnshire	Part formerly Scunthorpe District	1 December 1975
	Remainder	1 November 1985
North Northamptonshire	Former district of Kettering	1 February 1978
	Former district of Corby and Wellingborough	1 November 1985
	Remainder	1 November 1986
North Somerset	All	1 April 1985
North Tyneside	All	1 May 1974
North Yorkshire	Craven (part formerly Kildwick District)	1 September 1974
	Craven (remainder)	1 November 1985
	Harrogate (part), Selby (part)	1 November 1986
	Remainder	1 December 1988
Northumberland	Former borough of Blyth Valley	1 June 1975
	Former district of Wansbeck	1 October 1977
	Former borough of Castle Morpeth	1 November 1986
	Remainder	1 December 1989
Nottingham (City of)	Part formerly Nottingham CB	1 December 1969
	Remainder	1 January 1974
Nottinghamshire	Broxtowe (part formerly Beeston and Stapleford UD); Gedling (part formerly Carlton UD); Rushcliffe (part formerly West Bridgford UD)	1 December 1969
	Broxtowe (remainder); Gedling (remainder); Rushcliffe (remainder)	1 September 1974
	Ashfield; Mansfield	1 December 1975
	Remainder	1 April 1986
Oldham	Part formerly Oldham CB	15 October 1956
	Part formerly Chadderton UD, Royton UD, Failsworth UD	1 December 1965
	Oldham (part formerly Failsworth UD)	1 September 1967
	Remainder	1 January 1974
Oxfordshire	Oxford	1 March 1954
	South Oxfordshire (Wallingford MB and RD); Vale of White Horse	1 April 1963
South Oxfordshire (remainder)	1 September 1974
	Remainder	1 November 1986
Peterborough (City of)	Part formerly Peterborough District	1 January 1977
	Remainder	1 November 1986
Plymouth (City of)	Part formerly Plymouth CB	1 October 1969
	Remainder	1 January 1977
Portsmouth	All	1 December 1975
Reading	All	1 October 1962
Redcar and Cleveland	Part formerly Teesside CB	1 September 1970
	Remainder	1 May 1974
Rochdale	Part formerly Rochdale CB	1 January 1963
	Part formerly Middleton MB	1 December 1965
	Remainder	1 January 1974
Rotherham	All	1 November 1974
Rutland	All	1 November 1985
St Helens	Part formerly St Helens CB	1 July 1967
	Remainder	1 March 1974
Salford	Part formerly Salford CB	2 October 1961
	Part formerly Eccles MB	1 September 1967
	Remainder	1 January 1974
Sandwell	All	1 April 1967
Sefton	All	1 June 1975
Sheffield	Part formerly Sheffield CB	1 October 1970
	Remainder	1 March 1974
Shropshire	Former district of Bridgnorth	1 April 1986
	Remainder	1 January 1990
Slough	All	1 June 1975
Solihull	Part formerly Solihull CB	1 April 1968
	Remainder	1 March 1974
Somerset	Somerset West and Taunton (part formerly district of Taunton Deane)	1 April 1985
	Somerset West and Taunton (part formerly district of West Somerset)	1 April 1986
	Remainder	1 December 1989
South Gloucestershire	Former Kingswood District (part formerly in Kingswood UD; Mangotsfield UD)	1 December 1967
	Former Kingswood District (remainder)	1 September 1974
	Former Northavon District	1 April 1985
South Tyneside	Part formerly Boldon UD	1 February 1968
	Remainder	1 January 1974
Southampton	All	1 December 1975
Southend-on-Sea	All	1 April 1968
Staffordshire	Newcastle under Lyme	1 March 1977
	Lichfield; Tamworth	1 October 1977
	Cannock Chase	1 February 1978
	Remainder	1 December 1988
Stockport	Part formerly Stockport CB	1 June 1965
	Remainder	1 January 1974
Stockton-on-Tees	Part formerly Teesside CB	1 September 1970
	Remainder	1 May 1974
Stoke-on-Trent (City of)	All	1 April 1968
Suffolk	Ipswich	1 May 1974
	East Suffolk (part formerly district of Waveney)	1 November 1985
	Remainder	1 December 1990
Sunderland	Part formerly Sunderland CB	1 February 1968
	Remainder	1 January 1974
Surrey	Spelthorne	1 January 1937
	Remainder	15 March 1952
Swindon	All	1 April 1985
Tameside	Part formerly Ashton-under-Lyne MB; Audenshaw UD; Denton UD; Droylsden UD	1 September 1967
	Remainder	1 January 1974
Thurrock	All	1 June 1975
Torbay	All	1 May 1974
Trafford	Part formerly Stretford MB; Urmston UD	1 July 1967
	Remainder	1 January 1974
Wakefield	All	1 September 1974
Walsall	Part formerly Walsall CB	1 April 1967
	Remainder	1 January 1974
Warrington	Part formerly Warrington CB	1 March 1966
	Remainder	1 September 1974
Warwickshire	Nuneaton and Bedworth; Rugby (part formerly Rugby MB)	1 February 1965
	Warwick (part formerly Royal Leamington Spa MB; Warwick MB)	1 October 1965
	Rugby (remainder); Warwick (remainder)	1 September 1974
	North Warwickshire	1 February 1978
	Stratford on Avon	1 November 1985
West Berkshire	All	1 April 1963
West Northamptonshire	Former borough of Northampton (part formerly Northampton CB)	1 April 1968
	Former borough of Northampton (remainder)	1 January 1974
	Remainder	1 November 1986
West Sussex	Crawley (part formerly Dorking and Horley RD – part)	15 March 1952
	Mid Sussex (all except part formerly Cuckfield RD – part)	1 December 1966
	Crawley (remainder); Mid Sussex (Cuckfield RD – part)	1 September 1974
	Adur; Worthing	1 March 1977
	Arun	1 February 1978
	Remainder	1 April 1986
Wigan	All	1 December 1975
Wiltshire	Former district of West Wiltshire	1 April 1986
	Remainder	1 April 1990
Windsor and Maidenhead	All (except part formerly Eton UD; Eton RD – part)	1 April 1963
	Part formerly Eton UD and Eton RD – part	1 January 1974
Wirral	Part formerly Birkenhead CB; Wallasey CB	1 June 1965
	Remainder	1 March 1974
Wokingham	All	1 April 1963
Wolverhampton (City of)	All	1 March 1974
Worcestershire	Bromsgrove; Worcester	1 March 1977
	Redditch	1 April 1986
	Remainder	1 December 1990
Wrekin (County of the) (otherwise known as The Wrekin)	All	1 April 1986
York	Part formerly York District	1 March 1977
	Part formerly part of Harrogate and Selby districts	1 November 1986
	Remainder	1 December 1988

8.2 London authorities

Borough	Area	Date of compulsory registration
Barking and Dagenham	All	1 September 1966
Barnet	Part formerly in Middlesex	1 January 1937
	Part formerly in Hertfordshire	1 April 1965
Bexley	All	1 January 1961
Brent	All	1 January 1937
Bromley	All	1 January 1961
Camden	All	1899
City and County of the City of London	All	1 July 1902
City of Westminster	All	1899
Croydon	Part formerly in Croydon CB	1 January 1939
	Part formerly in Surrey	15 March 1952
Ealing	All	1 January 1937
Enfield	All	1 January 1937
Greenwich	All	1900
Hackney	All	1899
Hammersmith and Fulham	All	1899
Haringey	All	1 January 1937
Harrow	All	1 January 1937
Havering	All	1 February 1967
Hillingdon	All	1 January 1937
Hounslow	All	1 January 1937
The Inner Temple and The Middle Temple	All	1902
Islington	All	1899
Kensington and Chelsea	All	1899
Kingston upon Thames	All	15 March 1952
Lambeth	All	1900
Lewisham	All	1900
Merton	All	15 March 1952
Newham	Part formerly in London County Council	1900
	Part formerly in Essex	1 April 1965
Redbridge	All	1 September 1966
Richmond upon Thames	Part formerly in Middlesex	1 January 1937
	Part formerly in Surrey	15 March 1952
Southwark	All	1900
Sutton	All	15 March 1952
Tower Hamlets	All	1899
Waltham Forest	All	1 February 1967
Wandsworth	All	1900

8.3 Welsh authorities

Administrative area	District	Date of compulsory registration
Blaenau Gwent	All	1 November 1985
Bridgend Pen-y-Bont Ar Ogwr	All	1 June 1975
Caerphilly Caerffili	Part formerly Gwent – Islwyn	1 March 1977
	Remainder of county borough	1 November 1985
Cardiff Caerdydd	Part formerly South Glamorgan – Cardiff	1 May 1974
	Remainder of county borough	1 October 1977
Carmarthenshire Sir Gaerfyrddin	Part formerly Dyfed – Llanelli	1 March 1977
	Remainder of county borough	1 December 1988
Ceredigion	All	1 December 1988
Conwy	Part formerly Clwyd – Colwyn (part)	1 March 1988
	Remainder of county	1 December 1988
Denbighshire Sir Ddinbych	Part formerly Clwyd – Rhuddlan	1 April 1986
	Remainder of county	1 March 1988
Flintshire Sir y Fflint	All	1 April 1986
Gwynedd	All	1 December 1988
Isle of Anglesey Ynys Môn	All	1 March 1988
Merthyr Tydfil Merthyr Tudful	All	1 November 1985
Monmouthshire Sir Fynwy	All	1 November 1985
Neath Port Talbot Castell-Nedd Port Talbot	Part formerly West Glamorgan – Neath, Port Talbot	1 June 1975
	Remainder of county borough	1 December 1975
Newport Casnewydd	All	1 May 1974
Pembrokeshire Sir Benfro	All	1 December 1988
Powys	All	1 March 1988
Rhondda Cynon Taff Rhondda Cynon Taf	Part formerly Mid Glamorgan – Rhondda, Taff-Ely	1 October 1977
	Remainder of county borough	1 November 1985
Swansea Abertawe	All	1 December 1975
The Vale of Glamorgan Bro Morgannwg	Part formerly Mid Glamorgan – Ogwr (part)	1 June 1975
	Remainder of county borough	1 December 1975
Torfaen Tor-Faen	All	1 November 1985
Wrexham Wrecsam	All	1 March 1988

9. Applications lodged by conveyancers - acceptance of certified copy deeds

Please note that from 1 October 2024, the Direction of the Registrar referred to below has been withdrawn and conveyancers will no longer have the option of lodging first registration applications made up entirely of certified copy deeds and documents. The below practice relates only to applications lodged with HM Land Registry before 1 October 2024.

Pursuant to a Direction of the Registrar under rule 24 of the Land Registration Rules 2003, we can accept applications for first registration consisting entirely of certified copy deeds only.

Note that, in accordance with the Direction, an original form FR1 and form DL must still accompany the application. You may submit either the original or a certified copy of the identity form (form ID1 or form ID2).

Where a conveyancer chooses to lodge certified copy deeds and documents only, each copy of any deed or document that accompanies the application must bear the appropriate certification from the 3 listed below, signed by the lodging conveyancer and dated no more than 3 months before the application is made for the purposes of rule 15 of the Land Registration Rules 2003. If you are lodging a copy of official evidence of marriage, death, or a grant of representation following death, you may use option A if you are certain that you have an original certificate issued by the registrar of births, marriages, and deaths, or option C if you are not certain that the certificate is an original. If the evidence has already been certified as a true copy by a conveyancer, option B would be applicable.

a. I/We certify this is a true copy of the original document.

b. I/We certify this is a true copy of a document which is certified by a conveyancer to be a true copy of the original.

c. This is a true copy of an uncertified copy deed or document that is in the control of the applicant.

In all instances, the conveyancer who certifies the copy deeds and documents:

• can do so in their individual name or in the name of their firm

• must add their firm’s name and full postal address preferably including postcode

• must sign each deed manually and not by facsimile signature

In addition, a separate certificate, signed and dated by an individual conveyancer who is a member of the firm lodging the application, must accompany the application. This must include:

• their roll number, authorisation or membership number as allocated by their approved regulator or licensing authority

• reference to the property to which the certificate relates

Note that this separate certificate must always be in the name of the individual conveyancer.

If this certificate does not accompany the application, the application will be considered to be substantially defective, and may be rejected or cancelled pursuant to rule 16(3). This certificate cannot be lodged retrospectively, it must be lodged with the application to avoid rejection or raising a requisition for the original deeds.

Note that in the case of the additional separate certification, the individual person signing the certificate must be authorised to undertake reserved instrument activities under the Legal Services Act 2007. This would not, for example, include a legal executive unless they have Conveyancing Practice Rights granted by CILEx Regulation, and are working for a regulated body. If not, the legal executive must be working under the supervision of an authorised individual, who must sign the certificate. The certificate required by the registrar’s direction makes it quite clear that it must be signed by an individual conveyancer, not by anyone who works for an authorised body.

All copy deeds and documents accompanying the first registration application pursuant to this Direction must be as clear and legible as the originals, and must be complete copies including any memoranda. Any plans accompanying the application, including plans contained within deeds or documents, must be full sized colour copies and must not be reduced in scale or size from the original.

In accordance with the Direction, HM Land Registry may request that original deeds are lodged for quality assurance purposes. If they are not provided the application may be cancelled. Any renewed application must then be lodged with the original deeds requested.

All certified copy deeds and documents that are lodged with an application pursuant to this Direction will be destroyed following our scanning process and no copy documentation will be returned on completion of the application.

10. Things to remember

To avoid the most common errors, use our checklist before you submit your application.

HM Land Registry may be unable to process applications that are incomplete or defective. Your application will risk losing its priority if we have to return it to you – see practice guide 49: return and rejection of applications for registration.

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