OFSI

Updated practice guides: PG8,PG9, PG11, PG14A, PG19, PG24, PG26,PG30,PG31,

Which practice guide has changed?
Practice guide 6: devolution on the death of a registered proprietor

When did it change?
17 June 2024

What has changed?
We have amended sections 4 and 7.

What does it mean for customers?
We have updated our guidance to explain how the well-established rule of survivorship affects joint proprietors and that personal representatives of a deceased joint proprietor are not entitled to be registered as proprietors.

 

 

PG8

Which practice guide has changed?
Practice guide 8: execution of deeds

When did it change?
17 June 2024

What has changed?
We have amended section 12.

What does it mean for customers?
The contact details for our Commercial Arrangements Section have changed.

 

 

 

PG9

Which practice guide has changed?
Practice guide 9: powers of attorney and registered land

When did it change?
3 June 2024

What has changed?
We have amended section 7.

What does it mean for customers?
The amended guidance reflects that, in practice, we will accept a single certification, covering the whole document, that a copy power of attorney is a true copy of the original power.

 

 

 

PG11

Which practice guide has changed?
Practice guide 11: inspection and application for official copies

When did it change?
13 May 2024

What has changed?
We have amended sections 4.2 and 6.11.

What does it mean for customers?
We can now send and receive documents electronically up to 40 megabytes in size.

 

 

 

PG
14A

Which practice guide has changed?
Practice guide 14A: charitable incorporated organisations

When did it change?
28 May 2024

What has changed?
We have removed section 3.8.1 (and the subsequent sub-section has been renumbered).

What does it mean for customers?
A charitable incorporated organisation had trust status conferred on it by section 32 of the Charities Act 2022. It is therefore not necessary for a charitable incorporated organisation to apply for a Form A restriction where it is a sole trustee.

 

 

 

PG19

Which practice guide has changed?
Practice guide 19: notices, restrictions and the protection of third-party interests in the register

When did it change?
13 May 2024

What has changed?
We have amended section 3.4.5.

What does it mean for customers?
We have clarified who can and who cannot normally apply for the registration of a consent restriction (for example a restriction in standard Form N).

It will not normally be possible for an applicant to demonstrate they have a sufficient interest in entering a consent restriction if:

  • they are not the proprietor; and
  • they do not have the proprietor’s consent; and
  • they do not fall within rule 93(n), (o), (p), (q), (s) or (t) of the Land Registration Rules 2003.

 

 

 

PG19

Which practice guide has changed?
Practice guide 19: notices, restrictions and the protection of third-party interests in the register

When did it change?
17 June 2024

What has changed?
We have amended section 3.7.5.

What does it mean for customers?
Our amended guidance explains that a sole or surviving proprietor will need to appoint one or more new trustees to join in the disposition so a Form A restriction can be cancelled by way of overreaching.

 

 

 

PG24

Which practice guide has changed?
Practice guide 24: private trusts of land

When did it change?
17 June 2024

What has changed?
We have amended section 5.1.1.

What does it mean for customers?
We explain that when land is held on trust and a sole (surviving) proprietor remains, a personal representative of a deceased proprietor has no power to deal with the legal estate or act with the surviving proprietor unless formally appointed as a trustee of the legal estate.

 

 

 

PG26

Which practice guide has changed?
Practice guide 26: leases – determination

When did it change?
28 May 2024

What has changed?
We have amended sections 7 and 10.

What does it mean for customers?
We have clarified our requirements on determination of a lease by effluxion of time and by notice under section 25 or 27 of the Landlord and Tenant Act 1954.

Where a lease has determined by notice given under section 25 or 27 of the Landlord and Tenant Act 1954, we require separate confirmation that those provisions have been complied with.

 

 

 

PG30

Which practice guide has changed?
Practice guide 30: Approval of mortgage documentation

When did it change?
17 June 2024

What has changed?
We have amended section 3.

What does it mean for customers?
The contact details for our Commercial Arrangements Section have changed.

 

 

 

PG31

Which practice guide has changed?
Practice guide 31: discharges of charges

When did it change?
17 June 2024

What has changed?
We have amended section 2.11.

What does it mean for customers?
The contact details for our Commercial Arrangements Section have changed.

 

 

 

PG43

Which practice guide has changed?
Practice guide 43: applications in connection with investigation or enforcement proceedings (court, insolvency, tax)

When did it change?
7 May 2024

What has changed?
We have amended section 1.

What does it mean for customers?
Our guidance has been amended to refer to the current list of persons/bodies qualifying under rule 140(1) of the Land Registration Rules 2003 to inspect and obtain copies of documents, or to make a search of the Index of Proprietors’ Names in connection with the matters referred to in section 1.

 

 

 

PG52

Which practice guide has changed?
Practice guide 52: easements claimed by prescription

When did it change?
13 May 2024

What has changed?
We have amended section 4.2.

What does it mean for customers?
We have clarified that a statement of truth or statutory declaration supporting a prescriptive easement must show continuous use up until immediately prior to the application being made.

 

 

 

PG62

Which practice guide has changed?
Practice guide 62: easements

When did it change?
28 May 2024

What has changed?
We have amended section 12.2.3.

What does it mean for customers?
We have included references to case law relevant to the abandonment of easements (Williams v Usherwood (1983) 45 P&CR 235 and Gotobed v Pridmoore [1971] EG 759).

 

 

 

PG63

Which practice guide has changed?
Practice guide 63: the land charges registers and agricultural credits register: registration, official search, office copy and cancellation

When did it change?
13 May 2024

What has changed?
We have amended sections 5.1 and 5.2.

What does it mean for customers?
We have clarified our requirements of applications for the cancellation of land charges and the difficulties arising in satisfying the registrar that a land charge has been discharged, overreached or is of no effect.

 

 

 

PG68

Which practice guide has changed?
Practice guide 68: amending deeds that effect dispositions of registered land

When did it change?
28 May 2024

What has changed?
We have amended section 5.

What does it mean for customers?
Minor amendments to our guidance have been made to clarify our practice and requirements on our power to amend documents under rule 130 of the Land Registration Rules 2003.

 

 

 

PG76

Which practice guide has changed?
Practice guide 76: charging orders

When did it change?
7 May 2024

What has changed?
We have amended section 8.3.

What does it mean for customers?
The amended guidance reflects our updated practice where dealing with existing Form K restrictions when a charging order is assigned.

An application for alteration to update the restriction should be made on the basis that the right or interest protected by the restriction has been transferred. This is to create consistency with practice on updating other types of restrictions where the interest has been assigned.

 

 

 

PG76

Which practice guide has changed?
Practice guide 76: charging orders

When did it change?
28 May 2024

What has changed?
We have amended section 8.3.

What does it mean for customers?
Our guidance has been amended to clarify how to apply to remove a Form K restriction when the judgment debt has been assigned to a third party.

Where a judgment debt has been assigned to someone other than the beneficiary named in a Form K restriction, and the restriction has not been updated following the assignment, the assignee may apply to cancel (rather than withdraw) the restriction. Application should be made on form RX3 accompanied by supporting evidence of the assignment of the debt.

This has been done to create consistency with practice on updating other restrictions when there has been an assignment of the interest.

 

 

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