Practice Guide 41: developing estates (registration services supplement 6 - voluntary application to note overriding interests)
Updated 25 June 2015
Applies to England and Wales
漏 Crown copyright 2015
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Please note that HM Land Registry鈥檚 practice guides are aimed primarily at solicitors and other conveyancers. They often deal with complex matters and use legal terms.
1. Introduction
Anyone applying to register a registrable disposition of a registered estate has a duty under section 71 of the Land Registration Act 2002 and rule 57 of the Land Registration Rules 2003 to disclose certain overriding interests on applications to register a registrable disposition of a registered estate. This means that each time application is made to register a transfer, lease, charge or grant of an easement the applicant must disclose these interests. See practice guide 15: overriding interests and their disclosure for more information.
If these interests affect more than one plot and are noted on your register before development commences there are advantages to all parties.
2. Advantages of voluntary application
For developers.
- once an interest has been noted on the register you will not need to reveal it as an overriding interest and provide documentation to each purchaser
- you will have less correspondence to deal with from us. This is because each time we intend to enter notice of overriding interest disclosed on an application to register a transfer, lease etc on your register we have to send you a notice
For purchasers/lessees.
- most interests will already be on the register before they commit to a purchase. There will be fewer unregistered interests that override registrable dispositions to satisfy themselves about and disclose on their application for registration
For HM Land Registry.
- we will only need to consider interests once, rather than on each application
3. How to apply
Apply by completing form AN1, accompanied by any supporting documentation. If you wish you may provide evidence in form DI to assist you in setting out the relevant details. You only need to lodge one AN1 application regardless of the number of overriding interests you are applying to note. If there is a restriction against noting or a caution against dealings on your register you should contact the Developer Team at HM Land Registry before lodging the application for further advice. Your application should accompany application for estate plan approval or approval of draft transfer or lease. Otherwise see practice guide 19: notices, restrictions and the protection of third-party interests.
We will need only certified copies of deeds or documents you send to us with HM Land Registry applications. Once we have made a scanned copy of the documents you send to us, they will be destroyed. This applies to both originals and certified copies.
When uploading documents, you will be able to certify any scanned documents by confirming them to be a true copy of the original using the certification statements available.
4. What HM Land Registry will do
Provided we are satisfied with the evidence lodged we will usually enter notice on the register. These interests will then be apparent to purchasers and lessees when they receive official copies of the developer鈥檚 register.
5. Things to remember
We only provide factual information and impartial advice about our procedures. Read more about the advice we give.