Guidance

Avoidable and unavoidable requisitions

Published 7 October 2016

Applies to England and Wales

We expect our customers to make accurate applications. Before customers lodge applications, they should:

• inspect the register (where their application is in respect of a registered title)
• check available guidance, and information in forms

By doing this, customers should be able to lodge applications correctly with all relevant supporting evidence.

Where customers have not lodged their applications in a manner which allows them to be processed straight away, any requisitions will be the subject of scrutiny to allow account managers to pursue those classed as avoidable.

Avoidable requisitions

A requisition is avoidable if we have to ask for something that is:

• clear from the forms used in the application, such as enclosing a consent where this is required by the form

• clear from externally published practice information, such as a requirement explained in a practice guide or other information on GOV.UK (for example the Fee Order)

• clear what is needed from a prior inspection of the register, such as a consent or certificate in compliance with a restriction

• clearly stated in the Land Registration Rules 2003, such as the form that should be used

• clear from a reminder we have given before lodgement of an application, such as on an Official Search result

• a matter in respect of which a diligent conveyancer would have been expected to satisfy themselves prior to completing a transaction which should not, at the point of registration, be reliant on the actions of a third party

• a matter where the law is well established (for example that the extension of the term of a lease or the inclusion of additional land in a grant operates as a surrender of the existing lease by operation of law)

Unavoidable requisitions

A requisition is unavoidable if we have to ask for something:

• which is not obviously a requirement as stated in our forms, our published practice guidance or from other information on GOV.UK

• unusual or obscure or which relates to a historical requirement, such as for non-contemporary documents (for example pre-December 2003 stamp duty evidence)

• required at the Registrar’s discretion under rule 17, Land Registration Rules 2003

• for clarification only and could not reasonably have been anticipated by the customer

Discharges and evidence required to comply with a restriction in the register

Discharges and the evidence required to comply with some restrictions have to be obtained from a third party.

The requirement to lodge, or to arrange for a lender to lodge, evidence of discharge of a registered charge where a disposal of the legal estate is to take free of that charge is well established. However, there are various and long-standing issues (which HM Land Registry understand) that might prevent the timely lodgement of discharge evidence including:

• incorrect or unclear redemption statements

• continued borrowing after a redemption statement has been issued

• resourcing of redemption departments at lending organisations

Although the evidence required to remove charge entries is clear, HM Land Registry, in this particular situation, treats a requisition for discharge evidence as unavoidable.

We, however, regard a requisition for evidence of compliance for a restriction, including evidence required for a ‘management company’ restriction as avoidable because:

• the evidence required is clear from the restriction entry in the register

• difficulty in obtaining evidence on occasions for some types of restrictions is well known

• an applicant or their conveyancer should be engaging with any third party who will be providing the evidence at an early stage in the conveyancing/lending process

• this can be done concurrently with other activities to avoid delays

Further information

Read more information in:

• practice guide 50 – requisition and cancellation procedures
• HM Land Registry requisitions