Practice Direction 1/2022 - Name Anomalies
This note was issued on 29 July 2022.
This Practice Direction is to be read in conjunction with Practice Direction 3/2019 on Name Anomalies which can be found on LPS Practice Directions & Notes to Practitioners prior to 2020 archive
New arrangements
1. LandWeb Direct has been updated so that a Practitioner may apply electronically on LandWeb Direct to rectify an error by Land Registry staff.
When a Solicitor selects a folio(s) for use in a case folder, the names of the registered owner(s) will be viewable but it will not be possible to use this screen to amend the name(s) for use in the draft forms.
Instead, if a registered owner’s name is incorrect on foot of a Land Registry error, a Solicitor should add the, “Rectification of Registry Error” transaction to the case folder. This will ensure that the updated name is available for use in any draft forms that are generated within a case folder.
2. LandWeb Direct has also been updated so that a Practitioner may apply electronically on LandWeb to rectify a Solicitor’s error. A Solicitor should add the, “Update Registered Owner Details” transaction to a case folder. This will ensure that the updated name is available for use in any draft forms that are generated within a case folder.
Practice Direction 3/2019 is therefore amended as follows:-
a. Errors by Land Registry staff
If a Solicitor perceives that a clerical error was made by the Land Registry, the Registrar of Titles may amend the error, where appropriate, free of charge. In such cases, a Solicitor may apply for a, “Rectification of Registry Error” using the E-Registration portal or by a paper application by lodging a Form 100 headed, “Rectification of Registry Error” including a letter explaining the position and directing the Registry to the evidence (such as a copy of the transfer deed) indicating a Registry error and requesting rectification.
b. Errors by Solicitors
Applications for rectification of a registered owner’s name appearing on a folio must be lodged with a Solicitor’s certificate in line with Appendix 1.
A Solicitor may apply for an, ‘Update Registered Owner Details’ using the E-Registration portal or by a paper application by lodging a Form 100 as a request to, “Update a registered owner detail”. A fee of £90 for a paper application, or £70 for an e-registration application will apply.
In all other regards, Practice Direction 3/2019 still stands.
Miscellaneous
The Registry’s IT supplier is also finalising an upgrade to LandWeb Direct which will enable all enquiry correspondence to solicitors and confirmation of registration correspondence (save where any documents require to be attached) to be sent electronically.
Once this upgrade is implemented, the relevant correspondence will no longer be sent by post and solicitors will be notified by email of correspondence issued and then will be required to check case folders to review the correspondence.
Practitioners will be advised of this IT update in due course.
Christine Farrell
Registrar of Titles
Dated 29 July 2022