Certus Mortgage: Land Registry moves to speed up process

Land Registry is to apply a new 'Early Completion' practice from 3 August 2009, with the aim to ensure that registration applications are completed as quickly as possible.

The practice will apply to all situations where an application for a discharge of whole has been received with another application or applications but evidence of the discharge has not been provided.

Under the new practice, Land Registry will reject an application for discharge but complete other applications lodged with it where it is possible to do so. The entries relating to the existing charge will be left in the register until proof of satisfaction is received.

If the application for discharge is the sole application and evidence of discharge has not been provided, the application will be rejected as before.

Director of legal services, Joe Timothy said: "Land Registry's practice has previously been to treat applications collectively, so if there was difficulty obtaining evidence of discharge of the existing charge, not only might the application for discharge be cancelled but also the applications to register the transfer and new charge.

"We do not believe this policy can be justified where the transfer and new charge are capable of completion by registration, particularly as cancellation may risk a loss of priority for the interests of the transferee and new chargee.

"We believe that dispositions should be reflected in the register as soon as possible after they have taken place. The interests of buyers and sellers should not be placed at risk by a refusal to register their transfers and charges because of delays in the completion of discharges of prior charges."