The crunch time for the registration of certain overriding interests – including manorial rights and chancel repair liability – is fast approaching.
Property owners and their solicitors and conveyancers have been keeping our offices busy with applications designed to beat the 12 October deadline set by the Land Registration Act 2002 (LRA 2002).
But there’s another reason to make section 117 applications now as Friday 11 October is the last day you can do so free of charge.
Fees from 14 October
From the start of business on Monday 14 October the fees payable are as follows.
- To register a caution (CTN1) against first registration is £40.
- To register either a unilateral notice (UN1) or agreed notice (AN1) is £40 for the first three titles and then £20 for each subsequent title.
- To register either a UN1 or AN1 for chancel repair liability is £40 for the first three titles and then £20 for each subsequent title.
Interests after 13 October
Another less well known aspect of the deadline weekend is that although 13 October sees the overriding interests concerned lose their status if they haven’t been registered, rule 35 of the Land Registration Rules 2003 (LRR 2003) still takes effect.
This provision obliges the registrar to enter a notice on first registration in respect of any interest which appears from examination of title to affect the registered estate.
Therefore even after 12 October, if there is sufficient evidence of such incumbrances on examination of title, we will continue to make a subjective entry of those entries in the register. This means any exclusion of mines and minerals or copyhold entries and chancel repair liability disclosed in the deeds of title will continue to be entered in the register.
Matters set out on the title that adversely affect are not overriding interests; they simply bind the property because there is notice of them on the title.
Rule 28, LRR 2003 still applies and there remains a duty to disclose any of the interests listed in Schedule 1 LRA 2002 that are within the actual knowledge of the applicant on form DI.
Read more about overriding interests in
- overriding interests and their disclosure
- overriding interests losing automatic protection in 2013 and
- our customer magazine: Landnet