Top ten tips for solicitors when lodging First Registration applications
Please read these tips for solicitors when lodging First Registration applications
1. Double check your map
Make sure that the map and the property description in panel 1 of your Form 1 match and that the correct property is outlined on the map which should be attached securely at all times to the Form 1.
2. The details are in the Deed
Make sure that the details contained in the Form 1 match those that are contained in the Deeds lodged. Dates and names should not differ.
3. Many Roots
Make sure if you are referring to more than one root of title in panel 5 of your Form 1 that the area to which each root relates is shown on the Form 1 map in a different colour and cross referenced in panel 5. You may wish to include an additional map however care should be taken to ensure that each map is labelled eg ‘Map 1’, ‘Map 2’ and cross referenced correctly in the Form 1.
4. Choose the Correct Class of Title
If you are applying for an absolute title, double check your root to make sure it doesn’t state the property is subject to the rent and covenants in a fee farm grant. If that is the case it may be more appropriate for you to apply for a Good Fee Farm Grant title.
5. Burdens
Make sure all burdens are listed in the Schedule to the Form 1 and remember the order they are listed is the order they are noted in the Register. Also don’t forget to lodge the deed under which the burden was created.
6. House Executive charges and options
If your property is subject to a Housing Executive Charge and Option that still apply, don’t forget to include these in the Schedule of Burdens.
7. Registered and Unregistered Land
If your purchase deed also includes registered land or other unregistered land remember that the Registry will always need the original purchase deed. It is therefore best to lodge any related transactions under a single application wherever possible.
8. Missing Root of Title
Just because the root of title is lost doesn’t mean you cannot apply for a Good Leasehold or Good Fee Farm Grant title. Remember to check our Lost Deeds Practice Direction 3/2015 (can be found on LPS Practice Directions & Notes to Practitioners), to see if it applies.
9. Mortgage Deeds
Make sure your mortgage deed is dated and witnessed and includes the appropriate demise/charging clause for unregistered land. Remember at the time the land is being mortgaged it is unregistered so it is best not to include the draft folio number in your mortgage deed.
10. Other Questions?
Check our Compulsory First Registration question and answers and also our Solicitor’s Guide to CFR, all of which have been updated.