Land Registry rules change

Land Registration Fees OrderThe Land Registration Fees Order 2001 (SI 2001/1179) comes into effect on 1 May 2001 and will replace the Land Registration Fees Order 1999.The order is intended to reduce fee income in a full year by around 2% in line with efficiency savings and government targets.

It also introduces fees for new and enhanced services.

The main changes are:l The principal fee scale, scale 1, is amended by the reduction of the fee in the value band 40,001 to 70,000 from 70 to 60.

The new scale is set out below.Scale 1l Fees of 2 and 4 are introduced for a new service starting on 29 May which will allow users to deliver outline applications to secure priority for certain dealings with registered land which cannot be protected by an official search with priority on the register.

The fee is 2 where the application is delivered direct from a customers computer, or 4 when delivered by any other means.l A fee of 2 is introduced for an official search of the register made under the Family Law Act 1996 by a mortgagee using a remote terminal.l A fee of 1 is introduced for a new service enabling users to apply for day-list information by computer.

The day-list is the computerised record of applications pending in the registry.

Users will be able to call up on screen the day-list entries relating to any particular registered title.

In practice, however, this fee will be waived until further notice.l A Land Registry ready reference card (RRC 18(01)) and leaflet PIL 031, which provide further information, are available free from any District Land Registry.The new order no longer contains a provision for the payment of a special expedition fee currently 40.

However, it still remains possible to request expedition of an application.

The Land Registry will monitor such requests, which are expected to be made only where the circumstances strictly justify it.

Land Registry turn-arounds have become progressively shorter over recent years and it is anticipated that expedition requests should only be necessary in a few circumstances.Any comments or queries should be addressed to Mike Westcott Rudd at Land Registry Headquarters, Lincolns Inn Fields, London WC2A 3PH (DX: 1098 London/Chancery Lane WC2.

Fax: 020 7955 0110 or e-mail: mike.westcott-rudd@landreg.gsi.gov.uk).Relaxation of requirements proving deaths, marriages and birthsIn future, where a death, marriage or birth is recorded in the UK, the Land Registry will accept any one of the following:l An official copy of the death, marriage or birth certificate supplied by the Registrar of Births, Deaths and Marriages; l A certified copy of the certificate if certified by a solicitor or licensed conveyancer*; or l Written confirmation from a solicitor or licensed conveyancer of the essential details of the death, marriage or birth.The minimum details required in each case are:*HMSO guidance note no 7 issued on 27 October 1999 states that death marriage or birth certificates should not usually be copied by third parties without formal consent from HMSO.

The Land Registry understands that consent will not be given in relation to certificates for use in the conveyancing process.

However, the Land Registry will continue to accept existing certified copy certificates which form part of the devolution of title process on the basis that these were copied before the HMSO guidance was publicised.

Any comments or queries should be addressed to Jill Cousins at Land Registry Headquarters, Lincolns Inn Fields, London WC2A 3PH (DX: 1098 London/Chancery Lane WC2.

Fax: 020 7955 0110 or e-mail: jill.cousins@landreg.gsi.gov.uk).How to avoid requisitions on applications involving UK limited liability partnershipsThe Limited Liability Partnerships Act 2000 came into force on 6 April 2001.

From that date, two or more persons can incorporate as a limited liability partnership (LLP).

An LLP is a new form of legal entity which can hold and deal with property in its own right.

The registry advises that, to minimise the risk of requisitions being raised or other problems arising, solicitors follow the guidelines set out below when making applications involving LLPs.l When registering a disposition to an LLP always supply the LLPs full registered number, including prefix letters (LLPs incorporated in England and Wales will be accorded a registered number prefixed by the letters OC while those incorporated in Scotland will be prefixed SO).

You can do this by stating the number on the disposition form itself (for example, in box 6 of the TR1 form), in an accompanying statement or covering letter, or by supplying a certified copy of the LLPs certificate of incorporation.l Note that the registry will not, in the absence of an express application for a restriction, enter a restriction on the register based on the proprietors LLP status alone or on any apparent limitation of its powers in its constitution.

l The registry will not raise a requisition as to the execution of a deed by an LLP either: where the provisions of section 36A of the Companies Act 1985 (as applied by the Limited Liability Partnerships Regulations 2001) has been complied with, that is to say, where the deed has been signed by two members of the LLP and expressed (in any form of words) to be executed by the LLP; or where the seal of the LLP has been affixed to the deed in the presence of two members who attest the sealing by countersigning the deed and by describing themselves by their offices of member.

If any other method of execution is used, evidence should be lodged that such execution is made in accordance with the LLPs document(s) of constitution.l When registering a charge created by an LLP, include with the application the certificate of registration of the charge at the Companies Registry.Any comments or queries should be addressed to Christine Adam at Land Registry Headquarters, Lincolns Inn Fields, London WC2A 3PH (DX: 1098 London/Chancery Lane WC2.

Fax: 020 7955 0110 or e-mail: christine.adam@landreg.gsi.gov.uk).

Value or amount ()

0-40,00040,001-70,00070,001-100,000100,001-200,000200,001-500,000500,001-1,000,0001,000,001 and over

Fee ()

4060100200300500800

Details of death

Details of marriage

Details of birth

The full name of the deceasedThe date and place of deathThe date of birth or the age at death of the deceased

The name of the bride and groom including:the wifes maiden nameThe date and place of marriage

The full name of the childThe names of both parents, including:mothers maiden name, if anyThe date and place of birth