Deed of variation and rectification Deeds of variation or rectification should not be used where reference to a clause or schedule has simply been omitted from a prescribed clause, or where the title number of the affected land has not been entered in clause LR2.2 resulting in Land Registry not making an entry in a register. In these cases an application should be made using the appropriate form (AN1/UN1 etc.) to note or register the interest. A fee is payable.
The difference between a variation and rectification is very fine in some cases and each case is treated on its merit according to the wording. As a general rule, variations change the terms of the lease from what was the original intention of the parties; rectification corrects mistakes so that the true intention of the parties is reflected in the lease. (More information about how Land Registry treat deeds of variation can be found in the module Registering leases and leasehold interests - deeds of variation available from the 'Leases-general' link opposite.)
A deed of variation does not need to be in prescribed clause format, even when the original lease was a prescribed clauses lease (r58A(4)(d) LRR 2003).
Deeds of rectification also do not need to contain the clauses, but setting out the amended or revised clause in a similar format to that in the lease will always make the new information clearer.
If you are still unsure about whether a deed of rectification is required, please contact your local Land Registry office.
This is the end of the chapter on amendments and omissions. |
