Omissions are where a clause has not been completed at all, and where adding the information to the clause would result in a new entry being made in any register.
You can apply for the lease to be corrected either when it is lodged for registration, whilst it is being registered, or after registration has been completed.
Additional application required
Applications to correct omissions, made at the same time as the lease is lodged for the registration, need only be in writing. However, except in the case of clause LR5, if the omission is discovered after the registration has been completed an application must be made on the appropriate form, accompanied by the correct fee. (The position relating to clause LR5 is explained on the next page.)
A typical example of when a form and fee is required is where a standard restriction has not been registered because clause LR13 was not completed correctly, or at all. In this case a form RX1 is required together with a £40 fee. The same rules apply to an agreed or unilateral notice (using forms AN1 or UN1 as appropriate) in respect of interests in clauses LR8, LR9, LR10, LR11 and LR12.
In the case of clauses LR8 and LR11.1, the application must be made on Form AP1 and you must quote both the relevant title numbers on the application form, and the clause or schedule in the body of the lease where the information can be found.
With clause LR14, if this was not completed correctly and the lease is in favour of two or more proprietors, a Form A (joint proprietor) restriction will have been entered by default. If this is not required you can apply to have it removed. A certificate by a Conveyancer certifying that the proprietors hold the land as beneficial joint tenants is required, lodged with a form AP1. No fee is payable.
The next page deals with the omission of a statutory statement (clause LR5). |
