An amendment is appropriate where the text of a clause has been completed incorrectly. Failure to complete a clause cannot be treated as an amendment; it is an omission. These are dealt with on the next page.
Minor clerical amendments can be made under Rule 130, Land Registration Rules 2003 (LRR 2003).
Rule 130 LRR 2003
There is no obligation for Land Registry to make alterations under r130. The exercise of this power is discretionary. It has been decided that r130 can never be used for an amendment that results in a new entry being made in any register. It can only be used to correct what are in essence clerical errors. Typical examples are: - a discrepancy between text in a clause and in the body of the lease
- the spelling or order of names, or the addition of an extra name (eg. a 'middle' name)
- dates, such as the date of the lease
- the premium paid.
This means that only clauses LR1, LR3, LR6 and LR7 can be amended under the Rule. Evidence to support the change must be lodged.
Making the application
If you apply at the same time as you lodge the lease for registration, send a letter explaining what amendment is required and lodge any supporting evidence. If the error is discovered after the lease has been lodged for registration, or after it has been registered, a form AP1 is required. With an amendment to clause LR6 or LR7 requested during the registration of the lease, the lease will normally be returned to you to make the necessary change.
The next page looks in detail at omissions. |
