HMLR Practice Guide updates

HM Land Registry has released details of changes to the following Practice Guides in its latest update.

Charities: advice for applications sent to HM Land Registry (PG14)

This guide is aimed at conveyancers and legal advisers to charities and to those acquiring land from charities.

Change made: Section 6.5 has been amended to confirm HM Land Registry will not automatically remove a restriction in standard Form A when registering an incorporation under Part 12 of the Charities Act 2011; the charity trustees must apply to remove any such restriction if it is no longer required.

Personal insolvency (PG34)

This guide explains which entries can be made in the register of a title where the proprietor, or one of the proprietors, is a person subject to bankruptcy proceedings. It also explains how insolvency affects powers of disposition. It is aimed at conveyancers and trustees in bankruptcy.

Change made: Updated sections 2.4 and 5.2 to clarify that where the register already contains a Form J restriction in favour of the Official Receiver, or a bankruptcy restriction or notice, applications by a successor trustee in bankruptcy for a further Form J restriction in their favour will be rejected as not being “necessary or desirable” for one of the purposes listed in section 42(1)(a) of the Land Registration Act 2002.

Approval of mortgage documentation (PG30)

Aimed at lenders, this guide gives information about the approval of standard forms of legal charge and deeds of variation, priority and postponement used by lending institutions. It applies only to deeds that will be registered or noted under the Land Registration Act 2002.

Change made: Sections 4 and 5 have been amended to explain that when any change to separately held but incorporated mortgage conditions is made, reapproval of the charge must be sought using form ACD.

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