New Land Registry rules

The attention of members is brought to the new Land Registry rules published in December: S.I. No. 726/2021 – Land Registration Rules 2021.

The changes include amendments to the Form 3 which now includes the following:

• “The property in or over which the estate or interest acquired by the conveyance (or, other instrument) exists is shown for identification edged red [and lettered] on the application map lodged herewith.” (emphasis added)

This change goes some way to allay long held concerns of the Conveyancing Committee that in signing a Form 3 a solicitor was taking on a degree of responsibility for identity, which is outside the professional competence of solicitors. Nevertheless, care should be taken by solicitors to ensure that, in broad terms, the application map generally depicts the property and that the client has confirmed it to be so.

This is a welcome change to the Form 3 and it follows a lengthy period of negotiation between the Land Registry Rules Committee and the Conveyancing Committee.