HM Land Registry practice guide updates: December 2022 (PG6, PG50, PG56, PG8, PG74).
Devolution on the death of a registered proprietor (PG6)
Page summary:
What to do following the death of a joint, sole or last surviving proprietor of a registered estate, charge or mortgage (practice guide 6).
Changes made:
Section 2.2 has been amended to assist us in identifying the type of application.
A new section 2.3.1 clarifies that after a grant of representation has been issued, a personal representative may delegate their function as executor or administrator to an attorney but his must be done by a power made under section 25 of the Trustee Act 1925 (as amended by section 5 of the Trustee Delegation Act 1999) which can last only 12 months and so has to be renewed if the delegation is to be for a longer period.
Requisition and cancellation procedures (PG50)
Page summary:
Advice on how to avoid requisitions on applications and our procedures where they do need to be raised (practice guide 50).
Change made:
Section 2 has been amended to include our existing practice of not sending a requisition reminder on cases which are holding up an expedite application
Page summary:
Guidance on a variety of points which commonly arise in rentcharge applications, including formal apportionment and redemption (practice guide 56).
Change made:
Section 5 has been amended to clarify that where a rentcharge has been created in a transfer and a deed of variation is expressed to vary the transfer, all parties to the transfer should join in the deed of variation.
Page summary:
Advice on the execution of deeds that are to be submitted to HM Land Registry (practice guide 8).
Change made:
At the suggestion of one of our customers we have added a worked example to section 9.5.1.
Searches of the index of proprietors’ names (PG74)
Page summary:
Find out who can search against the name of an owner of land or registered mortgages and how to do it (practice guide 74).
Change made:
Sections 3.1 and 3.2 have been amended to clarify acceptance of searches against multiple names of corporations aggregate, including by email.
