Defects in or omissions from Land Register applications

In those cases where there is an omission from, or a defect in, an application for registration the Keeper operates a policy of 'setting aside' that application whilst seeking to address the issue with the submitting party. The term assigned to the facility for setting aside an application is 'Standover'.

The Standover facility allows issues with the application to be investigated; clarification on some aspect of the application to be obtained or deeds, documents or information required to complete the application to be requisitioned. 

Standover Process

Registration officers are responsible for administering the Standover facility for casework with which they are dealing. This will involve issuing a requisition letter to the submitting agent, placing the application(s) into Standover and managing the outcomes of this process in line with the Keeper's requisition practice see Requisition Practice (section 2.42 Legal Manual).

 When placing an application into Standover, the settler should:

Complete and issue a requisition letter(s) in accordance with the requisition procedures set out in section 2.42 Legal Manual.

Calculate when the initial 60 day period of standover will come to an end. For the avoidance of doubt, weekends should be included when calculating this period;

1. Add the Title Number of the application(s) in question to the date on which the 60 day period expires in their Microsoft Calendar. This will serve as a reminder of when the 60 day Standover period expires;
2. Enter the relevant details in the Standover Log held on the Cool-Ice system;
3. Release the application(s) to Standover 60 days (there is no need to fill in a blue route card). This ensures that the application(s) will be automatically released from Standover when the 60 period expires, eliminating the risk of the application(s) staying in Standover after the expiry date; N.B. if for some reason the date of release from standover is to be updated the case should be removed from and then resent to standover.
4. Place the application(s) on the designated Standover shelf for their area/Team

Interim Correspondence

If, the settler receives correspondence in response to the requisition during the Standover period, they should assess whether it is sufficient to allow the application to be removed from Standover. If it is not sufficient, the application(s) can be left in Standover.  If it can be removed from standover this is done utilising the standover controller permission. The Standover Log should be updated to record the action of removing the application(s) from Standover.

Expiry of the Standover Period

When the Standover period expires, Microsoft Outlook will send the settler a reminder and the settler should

1. remove the application(s) from the Standover shelf
2.  take the application on in their own name at the appropriate location before following the procedures set out in section Requisition Procedures (section 2.45 Legal Manual);
3. update the Standover Log to reflect the outcome

Exceptional Circumstances

The Keeper's requisition policy operates differently for applications received prior to 1 September 2010 and those received on or after that date.

If the application(s) was received on or after 1 September 2010, and the agent requests additional time in which to comply with the requisition the discretion may be applied and a further period of 15 days permitted see paragraph 2.45.2 Exceptional Circumstances)