An important new Land Registry Practice Guide has appeared on the Land Registry’s website:
LRPG 67 Evidence of identity – conveyancers. This guide provides an explanation of how the Land Registry intends applying its new identification procedures – coming into force on 10th November 2008.
Under these procedures, to facilitate registration of a transfer, lease, surrender, charge or discharge (subject to limited exceptions) the applicant’s conveyancer must provide details, on Form AP1, DS2 or FR1, of the conveyancer acting for the other parties to the document to be registered. Where a party is not represented by a conveyancer, the applicant’s conveyancer must either certify that he/she is satisfied that sufficient steps have been taken to verify that party’s identity, or enclose a verification of identity (on Form ID1 or ID2). These procedures need exploring carefully. For example, what steps need to be taken where a mortgagee is executing a Form DS1, but is not appointing lawyers to act? The discharge will not be registered without the above procedures being satisfied. What steps need to be taken to verify the identity of a borrower under a remortgage, where lawyers act for the lender alone? Who should take identification responsibility? Do we need to enquire after the status of the other side’s “conveyancer” to check that he/she falls within the definition of that term in rule 217 Land Registration Rules 2003? (Will Land Registry check?)
A full detailed analysis of this Practice Guide and the practical implications of the Land Registration (Amendment) Rules 2008 will appear in the CPI Update at the end of this month.