If an agent or a member of the public thinks that there is an inaccuracy in a title registered in the Land Register, they may ask the Keeper to investigate. Evidence, which should be of a very high evidential standard, must be submitted in support of the request. Inaccuracies may also be identified by staff within RoS, and if a member of staff becomes aware of a perceived inaccuracy, they should make the Post Reg team aware.
In terms of section 80(1) and (2) of the 2012 Act, once the Keeper becomes aware of an inaccuracy she must rectify, if what is needed to do so is manifest. "Manifest" means perfectly clear and not reasonably disputable. Both the inaccuracy and the rectification action need to meet this standard.
All enquiries regarding registered titles are initially received by the Post Registration Enquiries team ("the Post Registration team"). The enquiry will be logged, and if the application that the enquiry relates to was completed within the last 12 months, this will be referred to the registration officer and their team leader through the Post Reg Hub. An email will be sent notifying both registration officer and team leader(s) of the received enquiry and this should be dealt with without delay. The instructions on this page set out the processes that registration officers should follow when dealing with a post registration enquiry that has been passed to them.
Open the email from Post Registration team. This will set out the title number the enquiry relates to. Click on the link in the email and this will take you to the enquiry as logged on the Post Reg Hub. You will see there is a summary tab setting out the enquiry, a documents tab showing any submitted documents (you can add documents as you go through the enquiry), a history and notes tab and a contact details tab. Click Assign to me to allocate the enquiry to yourself Consider details of enquiryConsider the enquiry as set out in the Perceived Inaccuracy section of the summary tab, also checking the archived application in CMS/LR Archive/R: drive and relevant guidance in the registration manual, to establish whether an inaccuracy exists. If an inaccuracy exists solely because of new information that has now been provided to the Keeper, the enquiry should be unassigned which will return the enquiry to the Post Registration team. Forward the email you originally received to the RR Team mailbox (the relevant information is included in this email) adding an explanation of why the enquiry is being returned. If no evidence of inaccuracy is found (i.e. the information in the title accurately reflects the information in the deed/application), follow the guidance in No evidence of inaccuracy found below. If evidence of inaccuracy is found, follow the guidance in Inaccuracy in title confirmed |
The process steps here should be followed if, following the initial examination of a post registration enquiry, it is concluded that the title accurately reflects the information in the relevant deed/application. Draft response to enquiry If no email address is available, the appropriate letter should be prepared and this should be converted to a pdf and emailed to CAJR support for printing and posting. If an email address is available, the appropriate letter should be prepared and this should be converted to a PDF and attached to the email.
A copy of the letter is now saved in the folder as a PDF.
Respond to agentAssuming email details are available, send email to agent (email can be created by clicking on email address under the Contact Details tab) with response letter attached. Resolve EnquirySelect resolve and confirm enquiry did not result in rectification and select a reason from the drop down list Save and continue Review decision and once satisfied correct details are entered, select resolve enquiry ArchiveSelect if the enquiry should be archived against an application number or the title number (if the enquiry relates to an application completed within the previous 12 months, please archive against the application number of that application). Add in the relevant application number and save and continue Choose whether customer’s original enquiry should be added to archive or business record Upload your enquiry response PDF and email sent (this is helpful as details of when and whom the email was sent may be required). Note that all documents added must be in PDF format and the email can be converted to PDF by following the steps under the email tab ABBYY FineReader PDF on Outlook Choose whether the response(s) should be added to archive or business record. Save and continue. Next upload any correspondence to other parties (eg you have written to the solicitor for a neighbour to advise of no amendment of their title). [Note this step can be skipped if no correspondence to other parties was sent]. If any was added, choose whether correspondence to other parties should be added to archive or business record. Save and continue. Select any notes which should be archived (eg notes relating to a referral), select whether these should be added to archive or business record [Note this page only appears if notes have been added]. Save and continue. Select to add supporting documents to archive or business record, or to delete any supporting document(s). You can also at this stage add a document. Save and continue. ReviewReview your selections and once satisfied everything is correct, select send to archive |
The process steps here should be followed if, following the initial examination of a post registration enquiry, it is concluded that the title is to be rectified. Request creation of RR applicationSend an email to the RR team mailbox, requesting the creation of an RR application. The email should advise the RR team of the TIE number (eg 23TE000020) and the title number. RR Team will respond by email with RR application details. Take on application and update the titleWhen a RR application number is received from the RR team, take on the application on the LRS and complete any necessary amendments to correct the title. Amendments must be completed within 24 hours of receipt of the application number. If the title has not been updated since 8 December 2014, complete any general updates that should be made to the title to make it 2012 Act compliant. Add a brief note in the Application Notes and Instructions, explaining the rectification. Draft response to enquiryIf the registered proprietor or their agent submitted the enquiry, the appropriate letter as selected from the LRS should be used. Your letter should address all points raised in the enquiry and should be formatted correctly. If the enquiry was submitted by someone other than the registered proprietor or their agent, letter LR09 should be emailed to the person who submitted the enquiry and letter LR09A (Notification of Rectification to Proprietor) should be emailed to the agent for the registered proprietor (firstly check that the firm is still in existence). If in doubt, send the appropriate letter to the proprietor(s). If the inaccuracy was identified within RoS, letter LR09A (Notification of Rectification to Proprietor) should be emailed to the agent for the registered proprietor (firstly check that the firm is still in existence). If in doubt, send the appropriate letter to the proprietor(s).
If no email address is available, the appropriate letter should be prepared and this should be converted to a pdf and emailed to CAJR support for printing and posting. If an email address is available, the appropriate letter should be prepared and this should be converted to a PDF and attached to the email.
A copy of the letter is now saved in the folder as a PDF.
Respond to agentAssuming email details are available, send email to agent (email can be created by clicking on email address under the Contact Details tab) with response letter attached. Resolve EnquirySelect resolve and confirm enquiry resulted in rectification and save and continue to select the parts of the title that were rectified using the tabs, the drop down options and the open text boxes (this replaces the previous requirement to provide an error code) and save and continue Confirm if this was a Keeper error or not (yes/no) and save and continue Confirm source of the error and save and continue Review decision and once satisfied correct details are entered, select resolve enquiry Archive Select if the enquiry should be archived against an application number or the title number (if a RR has been created, the archive should be against the application number of the RR). Add the relevant application number and save and continue. Choose whether customer’s original enquiry should be added to archive or business record Save and continue Upload your enquiry response pdf and email sent (this is helpful as details of when and to whom the email was sent may be required). Note that all documents added must be in pdf format and the email can be converted to pdf by following the steps under the email tab ABBYY FineReader PDF on Outlook Choose whether the response(s) should be added to archive or business record. Save and continue. Next upload any correspondence to other parties (eg you have written to the solicitor for a neighbour to advise of amendment of their title). [Note this step can be skipped if no correspondence to other parties was sent]. If any correspondence to other parties was added, choose whether correspondence to other parties should be added to archive or business record. Save and continue. Select any notes which should be archived (eg notes relating to a referral), select whether these should be added to archive or business record [Note this page only appears if notes have been added]. Save and continue. Select to add supporting documents to archive or business record, or to delete any supporting document(s). You can also at this stage add a document. Save and continue. ReviewReview your selections and once satisfied everything is correct, select send to archive |
End of Process