Guidance

Direction: Documents to be delivered with a first registration application – Lost deeds and adverse possession (effective 28 November 2018)

Updated 5 February 2024

Applies to England and Wales

Direction given under section 100(4) of the Land Registration Act 2002 and rule 24 of the Land registration Rules 2003

On behalf of the Chief Land Registrar I direct, under section 100(4) of the Land Registration Act 2002 and rule 24(1) of the Land Registration Rules 2003 as follows:

1.This direction relates to first registration applications where:

a. title documents are unavailable, or

b. title is claimed by reason of adverse possession of unregistered land.

2.This direction relates only to applications by post, document exchange and personal delivery.

3.This direction has effect on and after 28 November 2016. It replaces on that date the Direction of 25 August 2015 – Documents to be delivered with a first registration application.

4.If an application of the type mentioned in 1a or 1b comprises only:

a. a Form FR1, and

b. a statutory declaration or statement of truth in support of it (with or without exhibits), and

c. a plan

or a and b without c, the applicant may lodge certified copies of the documents, including the statutory declaration or statement of truth and any exhibits, instead of the originals.

5.Whether the originals or certified copies of the statutory declaration or statement of truth and other documents are lodged, they will be destroyed after being scanned at the Land Registry post room.

6.This direction does not apply where some but not all of the deeds and documents relating to the title are in the control of the applicant. In that case, the original deeds and documents must accompany the application, along with a statutory declaration or statement of truth relating to the missing deeds and documents.

Alasdair Lewis
Deputy Chief Land Registrar and Director of Legal Services
22 November 2016