The Land Registry has updated its guidance on plans submitted to the Land Registry. Plans submitted with an application relating to a disposition of part of the land must clearly identify the part concerned and be signed as follows:-
- Transfers / leases – by the disponer i.e. seller / landlord
- Deeds of Grant – by the disponer ie. the grantor
- Discharges of part (DS3s) – by the lender
- Agreed notices (AN1) – by the applicant
Plans can be signed by a conveyancer acting on behalf of their client. An individual signing for a company must be an officer with authority to sign of the company’s behalf. If the same individual has also signed the transfer or lease, it will be assumed that they have the necessary authority.
These rules have always applied and will come as no surprise to most, but the Land Registry has not always applied a consistent approach to unsigned plans and registered some applications regardless. From 15 July 2019, they will adopt a zero tolerance approach, and raise a requisition on all unsigned plans attached to dealings of part. This is to reduce the risk of later disagreement by the parties or successors in title as to the extent of the transfer or easement.
The updated practice note can be viewed at this link: https://www.gov.uk/government/publications/preparing-plans-for-land-registry-applications/guidance-for-preparing-plans-for-land-registry-applications#plans-for-transfersleases-of-part-of-a-registered-estate