Reasons to choose Wilson Browne
The Land Registry has updated section 3.1.5 of LR Practice Guide 19 – Notices, restrictions and protection of third party interests (PG19) to clarify its requirements relating to consents or certificates lodged to satisfy a restriction.
Section 188.8.131.52 clarifies that, except in relation to a Form LL restriction, a certificate or consent by a conveyancer can be signed either by an individual conveyancer in their own name or in the name of their firm. If signed by an individual conveyancer, the certificate or consent should state the full name of the individual and the capacity in which they are signing. Alternatively, the firm’s name may be typed or stamped at the end, but the individual completing the certificate or consent must also provide their full name and status in the firm.
Section 184.108.40.206 relates to the submission of consents or certificates by email. A certificate or consent by:
- A conveyancer may be given in an email.
- An individual (on their own behalf or on behalf of a corporation aggregate) may be given in an email to their conveyancer.
The email containing the consent or certificate must not be forwarded or sent to the Land Registry under cover of a further email. Instead, a copy of the email must be lodged by post or uploaded via Business e-services, either as part of an application or to await a pending application made in the same way.
There are specific requirements relating to certificates to satisfy a form LL restriction, which are set out in section 220.127.116.11 of PG19. A certificate required to satisfy a form LL restriction must be signed by a conveyancer personally, in their own name and not that of their firm or employer.
Where a certificate to satisfy a form LL restriction is lodged electronically, the Land Registry require a scanned copy of the certificate signed in ‘wet ink’ by the individual conveyancer; a certificate in an attached email is not appropriate. The requirement for personal signature implies that the same approach will be taken to certificates lodged by post, although PG19 is not completely clear on the point.
The full guide is available here