Precautions when opening a new land registry file

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1. Are there any special precautions at the land registry services in order to avoid errors when opening a new file?

Yes. Applicant identifies the property by reference to a map in an affidavit. The map lodged must comply with our mapping standards and requirements. Map is checked for conflict with existing registered boundaries and with Ordnance Survey detail.

2. If an error occurs and a land registry file describes the same immovable for a second time, what is legally determined to do?

Where an application is received for first registration of a property that has already been registered, the Registrar enters into correspondence with the applicant to inform them of this. If the applicant insists that the application is correct, the documentation in the instrument by which the existing folio was registered is checked to ensure that the registration corresponds with the application documents.

If the registration agrees with the application documents, the Registrar writes to the solicitor for the applicant to explain that the registration is in accordance with the previous application for registration.

If it transpires that the property in the existing folio is incorrect, the Registrar requests the lodgement of an updated application by the existing owner. The consent of the owner(s) of any burdens is also sought. Two new folios are opened and the existing folio is closed

Is there a different procedure depending on whether the new file repeats totally a previous file or only a part of a previous file?

No.

3. Once the error is identified what happens to the rights and the charges registered in both files? And what about subsequent entries?

Where a folio is to be closed and a new folio is to be opened upon discoveryof an error, the consent of these parties is sought and all live entries, including charges and other encumbrances are carried forward to the new folio.

4. Is there any internal (intra-system) land registry procedure to solve this sort of problem or does it require judicial intervention?

The system used, as se out above, is an internal procedure. Judicial intervention is only required where a party involved refuses to consent to the amendment of the registration.