Compulsory First Registration questions and answers

Topics:

Please see below for a list of questions and answers on Land & Property Services (LPS) Compulsory First Registration (CFR).

Mapping requirements for CFR

What is an ACE map?

An ACE map is a map centred on the address of a property. ACE (Address Centred Extract) maps are produced by LPS and are produced from its digital map base.

Why do I need to lodge an ACE map, when there is a recent map attached to the Conveyance / Lease / Fee Farm Grant?

While the map attached to the Conveyance / Lease / Fee Farm Grant may be recent, experience has shown that it is highly unlikely that the boundaries of the premises shown thereon will align correctly with their ground position as shown on the Ordnance Survey digital map used in Land Registry. Failure to accurately align property boundaries with their ground position as shown on the digital map will result in the creation of slivers between or encroachments on adjoining property.

If LPS cannot provide me with an ACE map within three months of the date of the purchase deed, what should I do?

Lodgement of your application should be delayed until the ACE map becomes available. If this makes it impossible for you to meet the three-month deadline for lodgment you should cite this as the reason for the delay when applying to the Registrar for an extension of time.

If the property is an apartment or a maisonette or a former NIHE property with a first floor extending over the adjoining property, are there any special mapping requirements?

In such circumstances the application must be accompanied by:

the OSNI Address Centred Extract (ACE) map to locate the premises on the registry map and elevations and floor plans showing the extent to which the bedroom overhangs the adjoining premises or
detailed floor plans showing the layout of the apartment or maisonette within the building

The description of land in Panel 1 of Form 1 must refer to the ACE map and the plans and confirm the floor levels on which the premises are situate.

Who should outline the property on the ACE map?

The property should be outlined on the ACE map by someone who is able to relate the boundaries of the premises as they are shown on the Conveyance / Lease / Fee Farm Grant with the ordnance survey detail on the ACE map. Any outlining must be applied neatly and not with a thick marker pen. If you are unable to outline the property it would be advisable to obtain the services of a surveyor or architect.

Precedents

Where can I find precedents for first registration applications?

Applications for first registration can be lodged using the Land Registry Direct Access Service (‘Land Web Direct’) however precedents in respect of first registration applications can be accessed at:

Precedents for First registration of title to unregistered land

Root of Title, Acquisition Deeds and Lost Deeds Queries

Does the Registry have a list of Deeds they consider to be good roots of title?

The Registry does not have a list of documents that it considers to be a good root of title and it is the responsibility of the lodging solicitor to establish to the satisfaction of the Registry that a document lodged is a good root of title. It is however generally accepted that the following documents on their own are not considered to be good roots of title:

Uncertified copy Deeds (except if the Lost Deeds Practice Direction 3/2015 has been compiled with) - can be found on LPS Practice Directions & Notes to Practitioners,
Certified copy Deeds which do not relate to other land (except if the Lost Deeds Practice Direction 3/2015 has been complied with) - can be found on LPS Practice Directions & Notes to Practitioners ,
A will, grant of probate or letters of administration,
An assent,
A voluntary conveyance which is a conveyance for no monetary consideration. Please note phrases used in the root of title such as ‘in consideration of these presents, or in consideration of the premises’ are treated as voluntary conveyances as they must be for monetary value,
A disentailing Deed. If the applicant is seeking an absolute title based on a disentailing Deed, this will only be granted at the Registrar’s discretion. The applicant will as a minimum have to satisfy the Registrar that the property forms part of the Estate and a clear Estate plan should be lodged with the application. The applicant will also need to satisfy the Registrar that there are no disputes regarding the boundaries of the property and that the property has been in the possession of the applicant and their predecessors for at least 12 years without challenge or dispute. A solicitor’s certificate will be required to certify these matters.
A Statutory Declaration or Affidavit,
A deed of appointment of Trustees,
An agreement for sale.

Note: this is not intended to be an exhaustive list.

What should I do if I cannot lodge the original deed which comprises the root of title and the root of title does not affect more land than is the subject of the application?

If you are applying for a Good Leasehold title or Good Fee Farm Grant title you should consider whether you can comply with the requirements of the Lost Deeds Practice Direction 3/2015 (can be found on LPS Practice Directions & Notes to Practitioners).

If you are applying for an absolute title you should lodge a certified copy of the deed, together with a brief explanation as to why the original cannot be produced. Please note only in exceptional circumstances will the Registrar grant an absolute title where the original root is not produced and you may wish to consider applying for a qualified title.

If the root of title affects more land than the land the subject of the CFR application, what should I lodge?

You should lodge the original and a certified copy of the deed, together with a request to have the original deed returned to you on completion of registration as it affects other land.

If you do not have the original deed because it relates to additional land not the subject of the application and is in the possession of a 3rd party owner of the additional land, you should lodge a certified copy of the deed and set out in Panel 5 of the Form 1 that you are lodging a certified copy because the deed relates to additional lands owned by a 3rd party not the subject of your application and the deed is in the possession of that 3rd party.

If there is no good root of title or no title deeds at all, what can I do?

If there is no documentary evidence of title, you may wish to consider making an application for a possessory title in Form 3. Title will be investigated by the Land Registry.

If the only available document of title is a conveyance made less than 15 years ago, you may wish to consider applying for a qualified title in Form 1. Care should be taken to ensure the reason for qualification is noted in panel 5 of the Form 1.

What do I do if I do not have the original deed of acquisition?

The Registry requires the lodgment of the original deed of acquisition in all cases. If this is not available and you are only able to lodge a copy, certified copy or memorial of the deed, then it should be with the expectation that a qualified title will be awarded.

Please note the Lost Deeds Practice Direction 3/2015 cannot be complied with if you are unable to lodge the original acquisition deed.

What if the title deeds are lost but I can produce memorials of the root of title and acquisition deed?

If you can only produce memorials then you should consider making an application for a qualified title and submit Registry certified copy memorials (as opposed to office certified copy memorials) with your application.

The Lost Deeds Practice Direction cannot be complied with if all you have is a memorial of the acquisition deed. You may be able to apply for a Good Leasehold or Good Fee Farm Grant title if you have a memorial of the root of title and original acquisition deed, provided that you can comply with the remaining requirements of the Lost Deeds Practice Direction 3/2015.

Can I redeem my Ground Rent in order to obtain a better class of title if I have lost my deeds?

The Registry will consider an application for an absolute title based on the production of:

(a) the original ground rent certificate,
(b) the original deed of acquisition to the application and
(c) the original lease or fee farm grant.

If you are unable to lodge the original lease or grant then you should consider whether you can comply with the Lost Deeds Practice Direction in respect of the lost lease or grant. If you cannot then there should be an expectation that a qualified title will be awarded.

What if my client has acquired more than one unregistered property under a single acquisition deed or the deed of acquisition relates to both registered and unregistered land - what documents do I lodge?

The Registry require the original deed of acquisition to be lodged with every application. If the deed relates to more than one unregistered property then you should apply to register both properties under the same application.

If the acquisition deed relates to both registered and unregistered land then you should submit both transactions under a single application.

If the property the subject of a CFR application formerly comprised 2 or more adjoining plots, each with a separate root of title, can I make a composite application?

Yes. A composite application in Form 1 with the appropriate registration fee will be accepted by paper lodgement or on e-registration and, provided the land is entirely leasehold or entirely freehold, one new folio will be opened.

Details of each root of title should be entered in Panel 5 of Form 1 and each plot should be defined within the overall property boundaries on the ACE map in a separate colour and cross referenced in Panel 5 of the Form 1.

If the property has both freehold and leasehold land, can I make a composite application? How many folios will be opened?

A composite application in Form 1 with the appropriate fee will be accepted by paper lodgement or on e-registration. However, two separate folios will be opened and the leasehold and freehold property must be clearly distinguished on the ACE map.

If the title to part of the property is already registered, can the part subject to the CFR application be included in the existing folio?

No. If you require one folio for the entire property, you should lodge a request to close the original folio and transfer the property contained in it to the new folio to be opened for the CFR application. A further fee of £70 by e-registration and £90 by paper is payable for the amalgamation.

In what circumstances is it possible to have an absolute leasehold title?

Where a good root of title to the fee simple estate, such as a conveyance for value made at least 15 years ago, is produced. Panel 5 of Form 1 should be amended as necessary. Care should be taken when completing panel 5 to ensure that it is the intention of the applicant to apply for an absolute leasehold title as opposed to a good leasehold title.

How much investigation of title is carried out by Land Registry?

Where an application is made by Solicitor's certificate in Form 1, the solicitor is liable for statements made as to title and the Land Registry carries out no investigation of the title. The Land Registry does however reserve the right to raise queries in respect of your application and in particular if it considers there are manifest errors.

Why does Land Registry retain the original title documents?

With the exception of original deeds which also affect other land or are to be issued as endorsed certificates of charge, all documents on which entries on the register are founded, must be retained in the Registry in accordance with the Land Registration Rules. The entries on the register are proof of the title shown. This is why it is important to lodge original deeds with your application.

I have only one mortgage deed but I require a Certificate of Charge.

If you lodge the original deed together with a certified copy, the certified copy will be endorsed as a certificate of charge and issued. The original deed will be retained in the Registry (Rule 122). The certified copy deed must be prepared by you.

I have only one mortgage deed that relates to other lands which are not the subject of my application, will the Registry accept a certified copy?

The original mortgage deed must be lodged. Solicitors should prepare a number of original counterparts of the mortgage deed to ensure they can lodge the original mortgage with each application.

Schedule of Burdens

If the assurance to the purchaser is a conveyance from the NIHE, should I include the discount charge and the option to purchase in the Schedule of Burdens?

If the discount charge and option to purchase still affect the land, they must always be entered in the Schedule of Burdens. Care should be taken to ensure these and other burdens are listed in the correct order.

If the land is indemnified against payment of a fee farm rent, does the rent have to be included in the Schedule of Burdens?

Yes because the land is still subject to the rent. In these circumstances an absolute title should not be sought. If the rent has been indemnified you must recite in the Schedule of Burdens the deed under which it has been indemnified and lodge the original of this deed with your application.

Where the property is held under a Lease, I enter the yearly rent and lessee’s covenants in the Schedule of Burdens in Form 1. However, when I examine the new land certificate, there is no mention of the lessees’ covenants. Why is this?

In the case of a registered leasehold estate, all express and implied covenants, conditions and liabilities are Schedule 5 burdens ie they affect the land without registration.

Burden Leases

If the property I am registering is subject to a number of burden leases, some of which are now registered with their own folios, do I need to refer to these as burdens in the Schedule to the Form 1

Yes, all burden leases affecting the property must be noted in the Schedule of Burdens and the areas to which they relate must be identified on the Form 1 map unless the lease is already registered in which case it should be noted in the Schedule of Burdens together with its corresponding folio number but it does not need to be identified on the map. A solicitor must lodge the original of the burden lease or a certified copy, if the original is not available.

What if I am applying to first register property held under a burden lease but I discover that the superior title out of which the burden lease is granted is registered but it does not make reference to my lease as a burden in part 3 of the folio?

If the lease was granted directly out of a superior title prior to the first registration of that superior title then the Registry cannot proceed with the registration unless the lease is registered as a burden on the superior folio.

You may wish to refer to the Registry’s rectification guidance for further assistance.

Rectification guidance

Why does Form 1 have to be signed by an individual solicitor? Is the name of the firm not acceptable?

An application in Form 1 is based on a solicitor's certificate and the solicitor is liable for statements made as to title. The name of the firm is not acceptable.

How can I secure the priority of deeds which affect land the subject of a CFR application when registration has still to be completed? Should I lodge a priority search?

The land remains an unregistered title until registration of the CFR application has been completed. The Registry will only open a new folio on the date the CFR application completes, not on the date the application was received. Deeds affecting the land should be registered in the Registry of Deeds before lodgment in Land Registry and priority will be governed by Registry of Deeds principles.

A priority search is only appropriate to registered land and should not be requested in this instance because the title to the land is still unregistered.

If you have not lodged your application for First Registration and the applicant is entitled to an interest in the unregistered land and is concerned that another person may try to apply for the first registration of the land, you may wish to consider lodging a Caution against First Registration

Rectification after completion

If, after registration, I discover that the full extent of the land was not shown on the ACE map, how can I rectify my error?

If registration has been completed recently, you should re-certify the title by completing in full and lodging a further application in Form 1 (known as a rectifying Form 1), an ACE map showing the full extent of the land and a fee for the rectification. You should also lodge a letter explaining that you are requesting rectification rather than first registration and the Form 100 should be headed “Rectification”. If the deeds in the original application confirm the full extent of the property and this is the only amendment you are seeking, the registry map will be amended accordingly provided that any additional lands to be included are not already registered.

Please note if a rectifying deed is required it may be appropriate for this deed to be referenced in Panel 6 together with the original acquisition deed.

Further guidance regarding first registration rectifications can be found below:

Rectification guidance

If, after registration, I discover that I have requested the wrong class of title, how can I rectify my error?

If registration has been completed you should consider completing in full and lodging a rectifying Form 1. You should specify the class of title sought and lodge the deed which justifies that class of title.

For further guidance please see:

Rectification guidance

NI Co-ownership CFR

If my client is purchasing the property with the assistance of NICHA, how do I complete Form 1?

You should enter NICHA as the applicant in panel 2 of Form 1. Details of the Lease from NICHA to the participants and their mortgage must be entered in the Schedule of Burdens. Documents to be lodged include:

Form 100A
Form 1
Root of title
assurance to NICHA
lease to participants
participants' mortgage

Although there is no fee payable for registration of the lease to the participant, a fee will be payable in respect of the participant’s mortgage.

If a participant in the NICHA scheme sells an unregistered property to a purchaser who purchases the property through the NICHA scheme, does the assignment of the equity sharing lease to the new participant trigger compulsory first registration and, if so, what is the position regarding NICHA’s unregistered title?

The assignment of the equity sharing lease triggers compulsory first registration. However, NICHA’s title is unaffected and registration of its title is not compulsory.

The equity sharing lease in a NICHA scheme is held jointly and one of the participants wishes to assign his or her interest to the other for a consideration of £1. Does the assignment of the interest trigger compulsory first registration and, if so, what is the position regarding NICHA’s unregistered title?

Assignment of the interest in the equity sharing lease triggers compulsory first registration. However, registration of NICHA’s title is not compulsory.

If a participant in the NICHA scheme or his purchaser wishes to buy out NICHA, does the transaction trigger a CFR application?

This triggers compulsory first registration and the unregistered 99 year sub-lease is extinguished by merger in the deed. The consequent application for first registration relates to the title previously held by NICHA and acquired by the applicant in the buy-out.

Housing Associations and CFR applications

What documentation do I lodge with my CFR application where I act for a housing association that has acquired land under a transfer of engagements?

Applications for registration of ownership by a housing association where there has been a transfer of engagements, the following documents must be lodged and referred to in the Form 1:

Root of title
Original Deed of Acquisition to the original housing association,
Certified copy of the transfer of engagements documents setting out how the applicant acquired the property. This document together with the original deed of acquisition should be noted in panel 6 of the Form 1.

If the property includes an undivided share in a roadway or other common area, how should I ensure the share is included in the application?

The shared area should be clearly defined on the ACE map and the precise fractional share, in which it is held, entered in Panel 1 of Form 1.

The original or a certified copy of the deed which comprises the root of title of the shared area must also be lodged and details of that deed entered in Panel 5 of Form 1.

Part of a property is registered and part unregistered. Can the land, the subject of the CFR application, be added to the existing folio?

No. Additional land cannot be registered in a folio after it has been opened.

The Registry will open a separate new folio for the previously unregistered land.

Translation help

Select a language