HMLR practice guide

HMLR practice guide updates: April 2023

HMLR Practice Guide updates: PG13, PG40s5, PG63, PG25, PG19, PG24, PG9 and PG29

Index of relating franchises and manors: official searches (PG13)

Page summary:
How to obtain Information held in the index of relating franchises and manors (practice guide 13).

Change made:
Section 7 has been updated to reflect the formation of Cumberland and Westmorland and Furness unitary authorities from 1 April 2023.

HM Land Registry plans: title plan (PG40s5)

Page summary:
This supplement describes the purpose, creation and maintenance of title plans (practice guide 40, supplement 5).

Change made:
Section 14 has been amended to reflect that parties now complete an Ordnance Survey web form rather than supply the information to HM Land Registry.

Land charges: registration, official search, office copy and cancellation (PG63)

Page summary:
Information about HM Land Registry Land Charges Department: applications for registration, official search, office copy and cancellation (practice guide 63)

Change made:
Section 12.1 has been amended following the creation of the new administrative areas of Cumberland and Westmorland and Furness.

Leases: when to register (PG25)

Page summary:
Advice for conveyancers which deals with the compulsory and voluntary registration aspects of leasehold estates in land (practice guide 25).

Change made:
Following customer feedback we have amended section 6.2 to explain further our policy on dealing with applications where the landlord’s title is leasehold and there is a note saying the lease restricts alienation. If the new lease is not caught (for example if the restriction on alienation exempts shared ownership leases and that is what the new lease is), a conveyancer will need to certify that the new lease falls in a permitted category and is not caught by the terms of the alienation clause in the superior lease, otherwise we will add the protective entry mentioned to the register.

Notices, restrictions and protection of third-party interests (PG19)

Page summary:
How to apply for a notice or restriction to protect a third-party interest in an estate (practice guide 19).

Change made:
Section 3.1.5.7 has been added giving guidance about restrictions when we register a transfer of part.

Private trusts of land (PG24)

Page summary:
Guidance on applications to register transactions involving trustees of land, aimed at conveyancers (practice guide 24).

Change made:
A paragraph has been added to Section 6.2 to clarify that an application to remove a Form B restriction may be made when the registered estate is no longer affected by the trust that gave rise to the restriction.

Time updated:
6:00am, 11 April 2023

Powers of attorney and registered land (PG9)

Page summary:
Advice on the evidence that HM Land Registry needs when an attorney has executed documents lodged for registration (practice guide 9).

Change made:
Sections 2.4 and 2.7 have been amended to reflect the recent case of Chandler v Lombardi [2022] EWHC 22 which establishes that a transfer by an attorney on behalf of the donor under a lasting power that breaches the requirements of s.12(2), MCA will be void. Section 8 has been added to give guidance on execution under a foreign power of attorney.

Time updated:
6:00am, 17 April 2023

Registration of legal charges and deeds of variation of charge (PG29)

Page summary:
Advice for conveyancers on registration of legal charges and deeds of variation (practice guide 29).

Change made:
Section 3 has been amended to explain our practice where a single application is made to register two or more charges at the same time and their priority order differs from their dates of creation.

Time updated:
6:00am, 17 April 2023

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