Guidance

Practice guide 73: statements of truth

Updated 25 September 2023

Applies to England and Wales

Please note that HM Land Registry’s practice guides are aimed primarily at solicitors and other conveyancers. They often deal with complex matters and use legal terms.

1. Introduction

A statement of truth is a method of providing evidence in support of an application you send to HM Land Registry. The need to provide evidence may arise in a variety of situations, for example:

• when you apply to be registered as proprietor of land on the basis of adverse possession, or if for some other reason there are no documents proving your title, or such documents have been lost
• when you apply to register a right acquired by prescription
• when you apply for an entry in the register to protect an undocumented interest in land
• when you apply to cancel a restriction protecting a trust in land that has come to an end

HM Land Registry practice guides explain the evidence you should provide in such circumstances.

Before November 2008, the normal method of providing such evidence was by statutory declaration. In November 2008, HM Land Registry adopted statements of truth as an alternative form of evidence, following the precedent set by the civil courts.

• application form ADV2 and form CT1 incorporate a statement of truth
• statement of truth form ST1, form ST2, form ST3, form ST4 and form ST5 cater for the most common circumstances where evidence is required in support of an application
• a statement of truth may also be prepared as a freestanding document. If so, it must meet the requirements summarised in Requirements for a statement of truth

Except where the prescribed application form incorporates a statement of truth, you may use a statutory declaration for supporting evidence if you prefer.

If your application is a first registration, original documents are normally required.

A conveyancer may, however, make an application for first registration on the basis of certified copy deeds and documents only. For information about this, see practice guide 1: first registrations – Applications lodged by conveyancers – acceptance of certified copy deeds.

If your application is not a first registration, we only need certified copies of deeds or documents you send to us with HM Land Registry applications. Once we have made a scanned copy of the documents you send to us, they will be destroyed. This applies to both originals and certified copies.

However, any original copies of death certificates or grants of probate will continue to be returned.

If the statement of truth or statutory declaration appears to contain minor or clerical errors then we may return it with a request for it to be amended, with the amendments initialled and dated by the declarant, and a fresh certified copy lodged. If the statement or declaration contains more significant errors or omissions that call into question the nature of the evidence and/or the reliability of the document, we may reject or cancel the application.

2. Statement of truth forms

The following forms provide a framework to supply the information we require in the most common cases:

• form ST1: statement of truth in support of an application for registration of land based upon adverse possession
• form ST2: statement of truth in support of an application for registration of a rentcharge based upon adverse possession
• form ST3: statement of truth in support of an application for registration of land based on lost or destroyed title deeds
• form ST4: statement of truth in support of an application for registration and/or noting of a prescriptive easement
• form ST5: statement of truth in respect of an application to cancel a Form A restriction

You should not try to use one of the above forms for any application type other than the one it is designed for.

Using these forms does not guarantee the accompanying application will be successful, but they will help you be sure you have considered all relevant aspects. If you prefer to do so, you may prepare your own form of statement of truth or swear a statutory declaration in these cases.

3. Requirements for a statement of truth

For land registration purposes, a statement of truth is defined in rule 215A of the Land Registration Rules 2003 (set out in full in Appendix: rule 215A of the Land Registration Rules 2003) as follows:

• it is made in writing
• it must be signed by the person who makes it (but see Statement of truth made by a person who is unable to read or sign)
• it need not be sworn or witnessed
• it must contain a declaration of truth in the following form: ‘I believe that the facts and matters contained in this statement are true’
• if a conveyancer makes the statement of truth, they must complete panel 1 with their name (not that of their firm or employer), sign in their own name and state their capacity

The statement does not have to be signed in ‘wet ink’; it can be Mercury signed or signed using a conveyancer-certified electronic signature. In the last two cases, the process used for these types of signatures must be as set out in practice guide 82: electronic signatures accepted by HM Land Registry.

Although rule 215A does not require a statement of truth to be dated, the registrar has power to request this (pursuant to rule 17). We therefore recommend all statements of truth are dated in order to avoid requisitions.

4. Statement of truth made by a person who is unable to read or sign

If a statement of truth is made by a person who is unable to read, it must be signed in the presence of a conveyancer and contain a certificate made and signed by the conveyancer in the form set out in rule 215A(4)(b) of the Land Registration Rules 2003.

If a statement of truth is made by a person who is unable to sign it, it must state the person’s name, be signed by a conveyancer at their direction, in the conveyancer’s own name and stating their capacity, and contain a certificate made and signed by the conveyancer in the form set out in rule 215A(5)(c) of the Land Registration Rules 2003.

The statement does not have to be signed in ‘wet ink’; it can be Mercury signed or signed using a conveyancer-certified electronic signature. In the last two cases, the process used for these types of signatures must be as set out in practice guide 82: electronic signatures accepted by HM Land Registry.

5. Date the statement of truth is made

A statement of truth by an applicant in support of an application based on adverse possession, where the application is being made under Schedule 6 to the Land Registration Rules 2003, must be made not more than one month before the application is taken to have been made: rule 188(1)(a) of the Land Registration Rules 2003.

Other statements of truth should also be made as close in time as reasonably practicable to the application or disposition they support. Otherwise HM Land Registry may requisition under rule 17 of the Land Registration Rules 2003 for more up-to-date evidence before proceeding with the application.

6. Fraud warning

The HM Land Registry forms that incorporate a statement of truth include the following warning of the consequences of fraud. The warning also applies to a freestanding statement of truth and to a statutory declaration.

“If you dishonestly enter information or make a statement that you know is, or might be, untrue or misleading, and intend by doing so to make a gain for yourself or another person, or to cause loss or the risk of loss to another person, you may commit the offence of fraud under section 1 of the Fraud Act 2006, the maximum penalty for which is 10 years imprisonment or an unlimited fine, or both.”

7. Appendix: rule 215A of the Land Registration Rules 2003

215A.—(1) In these rules, a statement of truth means a statement which:

(a) is made by an individual in writing

(b) contains a declaration of truth in the following form:

‘I believe that the facts and matters contained in this statement are true’

(c) is signed in accordance with paragraphs (2) to (6)

(2) Subject to paragraph (5), a statement of truth must be signed by the individual making the statement.

(3) The full name of the individual who signs a statement of truth must be printed clearly beneath his signature.

(4) Where a statement of truth is to be signed by an individual who is unable to read, it must:

(a) be signed in the presence of a conveyancer

(b) contain a certificate made and signed by that conveyancer in the following form:

‘I [name and address of conveyancer] certify that I have read over the contents of this statement of truth and explained the nature and effect of any documents referred to in it and the consequences of making a false declaration to the person making this statement who signed it or made [his] or [her] mark in my presence having first (a) appeared to me to understand the statement (b) approved its content as accurate and (c) appeared to me to understand the declaration of truth and the consequences of making a false declaration.’

(5) Where a statement of truth is to be made by an individual who is unable to sign it, it must:

(a) state that individual’s full name

(b) be signed by a conveyancer at the direction and on behalf of that individual, and

(c) contain a certificate made and signed by that conveyancer in the following form:

‘I [name and address of conveyancer] certify that [the person making this statement of truth has read it in my presence, approved its content as accurate and directed me to sign it on [his] or [her] behalf] or [I have read over the contents of this statement of truth and explained the nature and effect of any documents referred to in it and the consequences of making a false declaration to the person making this statement who directed me to sign it on [his] or [her] behalf] having first (a) appeared to me to understand the statement (b) approved its content as accurate and (c) appeared to me to understand the declaration of truth and the consequences of making a false declaration.’

(6) Where a statement of truth, or a certificate under paragraph (4) or (5), is signed by a conveyancer:

(a) the conveyancer must sign in their own name and not that of their firm or employer

(b) the conveyancer must state the capacity in which they sign and where appropriate the name of their firm or employer.

[Inserted by Land Registration (Amendment) Rules 2008, rule 4(1), Schedule 1 paragraph 72, coming into force on 10 November 2008]

8. Things to remember

We only provide factual information and impartial advice about our procedures. Read more about the advice we give.