Multiple Title Applications

Processing of Deeds with Multiple Titles

The deed should be given effect to against all affected titles on the same day. The 2012 Act moves away from the concept of registration of interests in land (and events affecting that interest) to registration of deeds. The effect of that is that an application to register a deed under section 21(1) is a single application ('the legal application') even where it may be split into multiple applications ('administrative applications') for the purposes of processing.

The most significant implication of this is that the registration decision must be made on the legal application and then the administrative applications used to give simultaneous effect to that decision. The deed cannot be registered against one title number while a registration decision in respect of another title number in the same deed is still pending. A deed is either registered, or it is not.

For large scale multiple applications such as assignations of standard securities affecting multiple titles, the applications should be managed at a central point in the relevant section so that the deed is given effect to against all the titles on the same day. This should be done by a single nominated individual managing the application throughout the settle process, which for large scale transfers are usually split among several different settlers. For small scale multiple title applications (2 or 3 titles) the settler should ensure that all the applications are given effect to on the same day.

Pending First Registration and Transfer of Part titles

Where any of the title numbers affect subjects where there is a pending FR or TP application (either under the 1979 or 2012 Act), then ALL the applications should travel with that application. The deed can only be given effect to once the FR or TP has been completed and it is clear that title is staying on the Land Register.

The applications should not travel separately and should all be re-categorised appropriately and located with the relevant TP or FR as they cannot be completed until the pending FR or TP has been processed.