Rejection of Dealings, Query Management and Review – Legal Office Notice No. 8 of 2010

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1. GENERAL

Where an application is not in order for registration it is to be returned to the lodging party with the reasons for rejection clearly outlined.

All queries, both mapping and legal, are to be raised when a dealing is being rejected.

 

2. REASONS FOR REJECTION

An application will be rejected if it contains any one or more of the grounds listed below:

  1. Where incorrect folio and county references are quoted in a deed or assent.
  2. Where no eStamp certificate or other evidence of stamping is lodged.
  3. Where on lodgement of an application for registration of an easement as a single application, no assent to its registration is lodged.
  4. Where a residential charge dated on or after the 1st of December 2009 is not in the correct format.
  5. Where the shares in which tenancies in common are to be held are not stated in the deed or otherwise in the application.
  6. Where prescribed fees are not lodged. Applications will not be rejected on the sole basis of insufficient fees lodged.
  7. Where the deed is not properly executed or properly attested.
  8. Where transmission application in forms 35 etc. predate the date of the assent
  9. Where an assent/application is incomplete in a transmission
  10. Where the jurat to an affidavit has not been completed.
  11. Where necessary documents e.g. deed of transfer, leases etc required for registration have not been not lodged
  12. Where a deed has to be returned for amendment and re-execution
  13. Where a map is required and none is lodged either with the current dealing or in an earlier application. Where the map lodged is not acceptable for registration.
  14. The affidavit lodged does not comply with Form 1/Form 2/Form 3/Form 5/Form 6/Form 68 of the LR Rules 2012.
  15. Application under the Form 3 procedure is not appropriate in the circumstances of the case and therefore an application is required to be lodged in Form 1/2 of the LR Rules 2012.

This policy is to replace the existing policy as set out in Office Notice 1/2008 [updated on 13th of August 2010], office notices in regard to pro-registration guidelines and any regional or informal policies in relation to pro-registration and rejection.

This rejection policy will only apply to dealings within three months of their date of lodgement.

 

3. QUERY MANAGEMENT AND REVIEW SYSTEM

In all other cases, where there is an omission or an apparent error, the application should be queried.

As and from the date of this notice queried cases are to be pro-actively managed and a review system operated.

If after the period of one month replies to queries have not been lodged, notice pursuant to Rule 183 of the Land Registration Rules 2012 is to issue. However this period may be extended at the discretion of the settling officer.

The time period to be stated in the notice is, in the usual course, to be one month from the date of issue. However this period may be extended at the discretion of the settling officer. In the event of no response or an inadequate response within the relevant time period the application is to be treated as abandoned pursuant to Rule 183 of the Land Registration Rules 2012.

 

John Deeney

Deputy Registrar of Titles

2 November 2010

Updated 7 September 2017