When to Attach Subsequent DW to Standard DW
General
Most applications received by the Keeper are single, stand-alone applications that can be completed without the need to process another application at the same time. However, if a subsequent application (for example, a DW application to register a discharge of a standard security) is received by RoS before the initial application is processed and completed, it is often appropriate to process the two applications together. This will result in the Land Register reflecting the most up-to-date version position for the title sheet, and may also make the registration process more efficient for RoS.
Within the standard DW process all applications that are received on the same day must be progressed contemporaneously; it is the responsibility of the officer processing the second case to bring the matter to the attention of the person progressing the first case and to arrange for the second application to be associated with the prior one.
A title sheet must not be updated to a date on (or beyond) which another application is pending.
If an application is received on a date following the lead application then the lead application can proceed as normal and the subsequent application does not have to be attached. The registration officer for the second application MUST:
ensure the first application is completed before progressing and
import the updated version of the title sheet that reflects the prior application.
Examples
A single subsequent DW application exists and that application falls in a standard category
Multiple subsequent DW applications exist and they all fall in a standard category
For example -
- Discharge of standard security affecting the whole property
- Standard security affecting the whole property
- Disposition of whole of the property
- Variation of standard security affecting the whole property
- Notice of potential liability of costs.
Any FA, TP or TA application
A DW application that is also of even date with a related application affecting another property
A complex DW
For example -
- Disposition of part of the property
- Lease of the whole of the property
- Disposition of part of an adjoining registered property that is being added to the property undergoing registration
- Disposition creating real burdens over the property undergoing registration and another registered property.
Guidance
If a subsequent application exists that should be attached to the initial application, obtain and attach the application and proceed with the registration process. |
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Guidance
If a subsequent applications exists that cannot be processed at same time as the initial application then the initial application must be released for completion along with the latter, more complex, application. |
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