Omission of a statutory statement - clause LR5 The action you need to take with this clause depends on whether the statement was only omitted from the clause, or is also missing from the body of the lease.
Clause LR5.1 If the required statement is not set out anywhere in the lease, an application using the appropriate form is required. A typical example would be a disposition in favour of a non-exempt charity where a restriction should be entered. Use a form RX1 and lodge the appropriate fee (£40). A deed of rectification should not be used.
If the statement was omitted from the clause, but is contained elsewhere in the body of the lease, apply in writing explaining which statement should have been included in the clause. Land Registry staff will correct the register accordingly. No fee is required.
Clause LR5.2 If the relevant Act was not identified in the clause, and is not mentioned elsewhere in the body of the lease, the omission cannot be corrected under r130 LRR 2003. A deed of rectification will be required, together with a form AP1 and a fee (£40).
Where the relevant Act is mentioned elsewhere in the body of the lease, apply by letter. Land Registry staff will correct the register accordingly. No fee is required.
The next page looks at when to use a deed of variation or rectification. |
