If the requisitions relating to the other applications are complied with but production of the form DS1 remains outstanding we will complete registration of the other applications and reject the application for discharge. In this situation if any requisitions arise in respect of the other applications we will include a reminder that evidence of discharge of the charge has not been lodged. In this practice guide we use the term ‘reject’ for all instances where rule 16(3) applies. Under rule 16(3) of the Land Registration Rules 2003 we can reject an application on delivery or cancel it at any time thereafter where it appears to us to be substantially defective. When the application is completed we will inform the conveyancer who lodged the application that the application to register the discharge has been rejected and that the entries relating to the charge remain in the register. This is known as ‘early completion’, as it is intended to enable the other applications to be completed at the earliest possible time. If application is made to discharge a registered charge under cover of a form AP1 that also relates to other applications but without the form DS1, we will reject the application for discharge as being substantially defective under rule 16(3) of the Land Registration Rules 2003 and complete the other applications so far as possible. Repeated applications lodged without the necessary form DS1 may be rejected under rule 6(3) of the Land Registration Rules 2003 as being substantially defective. Where an application for a discharge of a registered charge is the sole application it should not be lodged at HM Land Registry in advance of the form DS1. For more details see practice guide 67: evidence of identity - conveyancers. In particular, neither form should be altered if money remains outstanding under the charge as a personal debt of the borrower.Īn application to register a discharge in form DS1 must be made in form AP1 or form DS2, and an application to register a release in form DS3 must be made in form AP1.Įvidence of identity form ID1 or form ID2 will be required for the lender unless the lender is a UK bank or building society who sends us the application itself, or it is represented by a conveyancer or the person lodging the application can confirm their identity.Įvidence of identity for an attorney signing a form DS1 or form DS3 on behalf of the lender is not required.įorm ID1 or form ID2 will also be required for the person lodging the application is not a conveyancer. We will not accept any alteration to form DS1 or form DS3 which is not provided for in the Land Registration Rules 2003. Please note that we will not accept form DS1 and form DS3 if it is sent by fax. Discharges and releases of registered charges 2.1 General: forms DS1 and DS3ĭischarges by forms are covered in this part of the guide. If you do, we may destroy them together with their contents. You must not lodge them to register a discharge after 12 October 2003. Please note that charge certificates have no legal significance under the Land Registration Act 2002. Rule 115 of the Land Registration Rules 2003 permits notification of a discharge or a release of part of a registered charge which has been delivered in electronic form. Rule 114 of the Land Registration Rules 2003 stipulates that, subject to rule 115, a discharge of a registered charge must be in form DS1, and that a release of part of the registered estate from a registered charge must be in form DS3. It covers discharges both in paper form and by electronic means.ĭischarges and releases of registered charges must be made in accordance with rules 114 and 115 of the Land Registration Rules 2003. early completion of applications where no evidence of discharge is lodged.the withdrawal of notices of deposit of land and charge certificates.the discharge of charges noted under the Land Registration Act 1925 and Land Registration Act 2002.the release of part of a registered estate in a registered title from a registered charge.They often deal with complex matters and use legal terms. Please note that HM Land Registry’s practice guides are aimed primarily at solicitors and other conveyancers.
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