Land Registry Certificate of Deeds - Coats of Arms of Birkenhead, Haldane,Halsbury,Cairns,Selborne,Westbury

Mae'r ymateb i'r cais hwn yn hwyr iawn. Yn ôl y gyfraith, ym mhob amgylchiad, dylai Land Registry fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear Land Registry,

Land Registry Certificate of Deeds - Coats of Arms of Birkenhead, Haldane,Halsbury,Cairns,Selborne,Westbury

Under the Freedom Of Information Act please provide all information you hold that confirms why the above Coats of Arms appear on the Certificate of Deeds sent from the Land Registry.

(1) It is unlawful to use a Coat of Arms without consent so please provide the date you received consent and from whom.

(2) Name to whom these Coat of arms belong.

(3) Confirm if these are the beneficiaries of the Land holding the Equitable Title, which is why their Coat of Arms appears on the certificate of deeds.

(4) Confirm why we are only sent the Legal Title to the Land and not the Equitable Title as the beneficiaries.

(5) Confirm if we are just tennants of the above.

Yours faithfully,

Mr Frankham

Sondh, Gurmale, Land Registry

Dear Mr Frankham,

Thank you for your email of 16 November 2016 requesting the following information under the Freedom of Information Act 2000 (FOIA) :-

"Please provide all information you hold that confirms why the above Coats of Arms appear on the Certificate of Deeds sent from the Land Registry.

(1) It is unlawful to use a Coat of Arms without consent so please provide the date you received consent and from whom.

(2) Name to whom these Coat of arms belong.

(3) Confirm if these are the beneficiaries of the Land holding the Equitable Title, which is why their Coat of Arms appears on the certificate of deeds.

(4) Confirm why we are only sent the Legal Title to the Land and not the Equitable Title as the beneficiaries.

(5) Confirm if we are just tennants of the above".

Your request is being dealt with under the terms of the Freedom of Information Act 2000 and will be answered within twenty working days.

In some circumstances a fee may be payable and if that is the case, I will let you know. A fees notice will be issued to you, and you will be required to pay before we will proceed to deal with your request.

If you have any queries about this letter, please do not hesitate to contact me.

Yours sincerely,

Senior Corporate Information Officer
Corporate Legal and Assurance Services
Land Registry Head Office, 4th Floor, Trafalgar House, 1 Bedford Park, Croydon, CR0 2AQ
GOV.UK | @LandRegGov | LinkedIn | Facebook
===========================================================================================================================

dangos adrannau a ddyfynnir

Petty, Roger, Land Registry

Dear Mr Frankham

Thank you for your email of 16 November 2016 where you requested
information about the coats of arms on the Land Registry Certificate of
Deeds.

I am writing to advise you that Land Registry no longer issues
certificates of deeds, otherwise known as land certificates or charge
certificates. They were issued under the Land Registration Act 1925 but
were abolished under the Land Registration Act 2002. Any certificates in
existence ceased to have any legal status from 13 October 2013. We hold
details of all registered land electronically and ownership is now shown
by registration not by land certificates.

Assuming you are referring to a certificate that was issued before 13
October 2013; the coats of arms on the certificates were the arms of Lord
Chancellors that were associated with the introduction of land
registration and various Land Registration Acts. The arms on the land
Certificates had no connection with ownership of land.

Land Certificates showed legal title to land and not the equitable title
because under section 2 of the Land Registration Act 1925, Land Registry
registered only the legal title. Section 2 of the Land Registration Act
2002 makes a similar provision.

If you have any queries about this letter, please contact me.

If you are dissatisfied with this response to your request, you may seek
an internal review within two months of the date of our reply. Internal
reviews will be dealt within 20 working days. If at the end of this time
we are unable to respond, we will write to you explaining the reasons and
giving you a new date. If you seek an internal review please write to:

Louise Booth

Head of Corporate Legal Services (Core Services)

Head office

Trafalgar House

1 Bedford Park

Croydon

CR0 2AQ

Email: [1][email address]

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner (ICO) within
two months of the reply for a decision. Generally, the ICO cannot make a
decision unless you have exhausted the complaints procedure provided by
Land Registry. The Information Commissioner can be contacted at: The
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.

 

Yours sincerely

 

 

Roger Petty
Corporate Information Officer

 

Head Office, 1 Bedford Park, Croydon CR0 2AQ
DD: 0300 006 7054 | GTN: 67054
Email [2][Land Registry request email]

[3]GOV.UK | [4]@LandRegGov | [5]LinkedIn | [6]Facebook

 

Your land and property rights: guaranteed and protected. Since 1862 Land Registry has given assurance and confidence to the property market in England and Wales. Find out more at www.gov.uk/land-registry.

If you have received this email and it was not intended for you, please let us know, and then delete it. Please treat our communications in confidence, as you would expect us to treat yours. Land Registry checks all mail and attachments for known viruses, however, you are advised that you open any attachments at your own risk.

References

Visible links
1. mailto:[email address]
2. mailto:[Land Registry request email]
3. https://www.gov.uk/government/organisati...
4. https://twitter.com/LandRegGov
5. http://www.linkedin.com/company/land-reg...
6. http://www.facebook.com/pages/Land-Regis...

Dear Petty, Roger,

Please confirm what you send out in place of the Certificate of Deeds to people who have purchased the legal title to their home by mortgage prior to 2002 , do you retain these or send them out.

Yours sincerely,

Mr Frankham

Dear Petty, Roger,

Can I have an answer please , or treat this as an internal review before it gets sent to the ICO.

Yours sincerely,

Mr Frankham

Petty, Roger, Land Registry

Dear Mr Frankham

 

Thank you for your email of 22 December 2016.

 

We are dealing with your follow up question to your freedom of information
request. Once we have the answer we will get back to you.

 

If you are dissatisfied with this response and wish to go ahead and seek
an internal review please write to:

Louise Booth

Head of Corporate Legal Services (Core Services)

Head office

Trafalgar House

1 Bedford Park

Croydon

CR0 2AQ

Email: [1][email address]

 

 

Yours sincerely

 

 

Roger Petty
Corporate Information Officer

 

Head Office, 1 Bedford Park, Croydon CR0 2AQ
DD: 0300 006 7054 | GTN: 67054
Email [2][Land Registry request email]

[3]GOV.UK | [4]@LandRegGov | [5]LinkedIn | [6]Facebook

 

 

Your land and property rights: guaranteed and protected. Since 1862 Land Registry has given assurance and confidence to the property market in England and Wales. Find out more at www.gov.uk/land-registry.

If you have received this email and it was not intended for you, please let us know, and then delete it. Please treat our communications in confidence, as you would expect us to treat yours. Land Registry checks all mail and attachments for known viruses, however, you are advised that you open any attachments at your own risk.

References

Visible links
1. mailto:[email address]
2. mailto:[Land Registry request email]
3. https://www.gov.uk/government/organisati...
4. https://twitter.com/LandRegGov
5. http://www.linkedin.com/company/land-reg...
6. http://www.facebook.com/pages/Land-Regis...

Petty, Roger, Land Registry

1 Atodiad

Dear Mr Frankham

 

Thank you for your email of 13 December 2016.

 

As explained in my email of 13 December 2016, Land Certificates and Charge
Certificates (which I think you are referring to when you mention a
“certificate of deeds”) were issued by Land Registry under provisions
contained in the Land Registration Act 1925. There is no such provision in
the current Land Registration regime and the Land Registration Act (LRA)
2002 made no provision for replacement certificates.  As such, we no
longer produce or issue any such certificates and they do not need to be
lodged with Land Registry in connection with any application.

 

In the hope that it assists you, I have enclosed a “Practice Bulletin”
that was prepared around the time when the new regime came in. It explains
in some detail what the effect of the regime introduced by the LRA 2002
was in respect of Land and Charge Certificates. The document explains
that, under the new regime, Land Registry provides the following where,
for example, an application to transfer a property to a new owner is
completed:

 

— an official copy of the register showing the entries that exist on the
register on the completion of an application;

— if the application gave rise to the creation of the title plan (or an
amendment to it), an official copy of the title plan;

— a “Title Information Document”.

 

If you require information we hold relating to your property, you can
apply for an official copy of the register. The information on the website
that is reached by following the link below explains how you might do
that:

 

[1]https://www.gov.uk/get-information-about...

 

If you are dissatisfied with this response to your request, you may seek
an internal review within two months of the date of our reply. Internal
reviews will be dealt within 20 working days. If at the end of this time
we are unable to respond, we will write to you explaining the reasons and
giving you a new date. If you seek an internal review please write to:

Louise Booth

Head of Corporate Legal Services (Core Services)

Head office

Trafalgar House

1 Bedford Park

Croydon

CR0 2AQ

Email: [2][email address]

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner (ICO) within
two months of the reply for a decision. Generally, the ICO cannot make a
decision unless you have exhausted the complaints procedure provided by
Land Registry. The Information Commissioner can be contacted at: The
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.

 

Yours sincerely

 

 

Roger Petty
Corporate Information Officer

 

Head Office, 1 Bedford Park, Croydon CR0 2AQ
DD: 0300 006 7054 | GTN: 67054
Email [3][Land Registry request email]

[4]GOV.UK | [5]@LandRegGov | [6]LinkedIn | [7]Facebook

 

 

 

 

Your land and property rights: guaranteed and protected. Since 1862 Land Registry has given assurance and confidence to the property market in England and Wales. Find out more at www.gov.uk/land-registry.

If you have received this email and it was not intended for you, please let us know, and then delete it. Please treat our communications in confidence, as you would expect us to treat yours. Land Registry checks all mail and attachments for known viruses, however, you are advised that you open any attachments at your own risk.

References

Visible links
1. https://www.gov.uk/get-information-about...
2. mailto:[email address]
3. mailto:[Land Registry request email]
4. https://www.gov.uk/government/organisati...
5. https://twitter.com/LandRegGov
6. http://www.linkedin.com/company/land-reg...
7. http://www.facebook.com/pages/Land-Regis...

Dear Petty, Roger,

The Practice Bulletin 2 March 2003 is all mixed up and unreadable can you please provide it in a better format.

The Certificate of Deeds are the deeds that were filed with the Land Registry and filed before the Land Registry Act 2002 came into force that registered the actual Legal Title and did not create a 'legal title' by registration as is the case today.

Not having managed to read your practice bulletin as a yet.

Are you saying that any equitable interest that was created prior to the Land Registry Act 2002 that has not been registered only takes effect from the registered date and not the date of creation.

Please confirm how it is possible to register an equitable interest that was created prior to the Act without it being converted into a interest created by registration under the Act I.e. in other words by registration rather than an interest by the creation of a deed created prior to the Act but registered at a later date after the Act.

Application by registration appears to create a legal equitable interest rather than an actual Equitable Interest.

Yours sincerely,

Mr Frankham

Petty, Roger, Land Registry

Dear Mr Frankham

 

I write in response to your email of 21 January 2017 where you inform us
that you are unable to read the pdf version of Practice Bulletin 2 dated
March 2003 attached to our email of 6 January 2017. If you would like to
provide us with your postal address we will send you a print version of
the practice bulletin.

 

In relation to the other issues you raise, could you advise as to whether
your enquiry is in relation to a specific issue and a specific title?

 

Please note that Land Registry cannot provide legal advice. If the enquiry
is in relation to a specific legal matter you may wish to seek legal
advice from a solicitor.

 

Yours sincerely

 

 

Roger Petty
Corporate Information Officer

 

Head Office, 1 Bedford Park, Croydon CR0 2AQ
DD: 0300 006 7054 | GTN: 67054
Email [1][Land Registry request email]

[2]GOV.UK | [3]@LandRegGov | [4]LinkedIn | [5]Facebook

 

 

Your land and property rights: guaranteed and protected. Since 1862 Land Registry has given assurance and confidence to the property market in England and Wales. Find out more at www.gov.uk/land-registry.

If you have received this email and it was not intended for you, please let us know, and then delete it. Please treat our communications in confidence, as you would expect us to treat yours. Land Registry checks all mail and attachments for known viruses, however, you are advised that you open any attachments at your own risk.

References

Visible links
1. mailto:[Land Registry request email]
2. https://www.gov.uk/government/organisati...
3. https://twitter.com/LandRegGov
4. http://www.linkedin.com/company/land-reg...
5. http://www.facebook.com/pages/Land-Regis...

Dear Petty, Roger,

The Land Registry suggestion is not suitable and you have a duty to provide information publicity that is clear, the information looks to have been deliberately jumbled up and made unreadable if you look at the link you have provided.

I am not seeking legal advice from your department, only your recorded procedural information that you are required to hold, as it appears that the Land Regsitry is attempting to turn a real Equitable interest into a legal equitable interest and has left no room to manoeuvre.

Yours sincerely,

Mr Frankham

Petty, Roger, Land Registry

3 Atodiad

Dear Mr Frankham

I write in response to your email of 2 February 2017 where you state that
you are unable to access the attachment provided in our email of 6 January
2017. The attachment is a PDF version of our practice bulletin on the
effect of the Land Registration Act 2002 on land and charge certificates.
It can be accessed by downloading freely available software for reading
PDF files, e.g. Adobe Acrobat Reader DC. 

However, as you were unable to access the previous version of the practice
bulletin we now attach a JPEG version (there are two files – one for each
page of the original document) and also a newly created PDF version of the
same. Both of these documents have displayed correctly when we have opened
them.

I hope that this information helps.

Yours sincerely

 

Roger Petty
Corporate Information Officer

 

Head Office, 1 Bedford Park, Croydon CR0 2AQ
DD: 0300 006 7054 | GTN: 67054
Email [1][Land Registry request email]

[2]GOV.UK | [3]@LandRegGov | [4]LinkedIn | [5]Facebook

 

 

 

Your land and property rights: guaranteed and protected. Since 1862 Land Registry has given assurance and confidence to the property market in England and Wales. Find out more at www.gov.uk/land-registry.

If you have received this email and it was not intended for you, please let us know, and then delete it. Please treat our communications in confidence, as you would expect us to treat yours. Land Registry checks all mail and attachments for known viruses, however, you are advised that you open any attachments at your own risk.

References

Visible links
1. mailto:[Land Registry request email]
2. https://www.gov.uk/government/organisati...
3. https://twitter.com/LandRegGov
4. http://www.linkedin.com/company/land-reg...
5. http://www.facebook.com/pages/Land-Regis...

Dear Petty, Roger,

Thank you for the link that works.

Please clarify if you can the following points because I can see you have done away with the Certififcate of Deeds.

Where an equitable interest that was created prior to the Land Registration Act 2002 etc has not been registered, if registered after the recent Act will this equitable interest only take effect from the registered date and not the date of creation by deed, do you have any procedures to ensue that a prior equitable interest is not converted into a legal equitable interest.

Yours sincerely,

Mr Frankham

Dear Petty, Roger,

Please provide further clarification that was requested on 18 Febuary 2017.

Yours sincerely,

Mr Frankham

Dear Land Registry,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Land Registry's handling of my FOI request 'Land Registry Certificate of Deeds - Coats of Arms of Birkenhead, Haldane,Halsbury,Cairns,Selborne,Westbury'.

Clarification has been sought on two occasions on the 18 February and 21 February 2017 as to the Land Registry Department's answer and procedures. Please provide full disclosure as requested.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/l...

Yours faithfully,

Mr Frankham

Petty, Roger, Land Registry

Dear Mr Frankham

I enclose the response from the lawyer dealing with your request.

"I understand you to be raising two questions about the land registration system. However, before I consider them, I must reiterate that Land Registry can only give advice about the land registration system and how to make applications. We do not give legal advice: for this you should consider consulting a solicitor or other independent legal adviser. This is explained in our Advisory Policy; for further information see the Advice section on the About our services page available on the GOV.UK website. If you are concerned about whether an interest may, or may not be enforceable (or what steps might be taken to seek to ensure that an interest is, or remains enforceable) then I would recommend that you speak with an independent legal advisor.

The first question is whether an equitable interest which is created by a deed and then noted in the register of title only has effect from the date the entry is made rather than the date the interest was created. There are many types of equitable interest and they arise in many different circumstances. It is, therefore, difficult to generalise; whether something is, or remains enforceable may depend upon a number of factors, including (where relevant) the terms upon which it was created. As I explained above, I cannot give you legal advice and I would suggest that, if this issue is of importance to you, you seek independent legal advice. I note that there are circumstances in which equitable interests that are not noted in the register may, essentially, become unenforceable against others (see, in particular, paragraph 1.3 of Land Registry’s practice guide 19 which is available to download from https://www.gov.uk/topic/land-registrati...), but, again, if that might be a concern in your particular circumstances then I would suggest that you seek independent legal advice.

Secondly, you ask whether we have any procedures to ensure that an equitable interest created prior to the coming into force of the Land Registration Act 2002 “is not converted into a legal equitable interest”. I have struggled to answer this second question because I do not understand what you mean by “a legal equitable interest”; in the context of land (and this exchange of correspondence), interests are legal or equitable: they are not both at the same time."

If you are dissatisfied with this response to your request, you may seek an internal review within two months of the date of our reply. Internal reviews will be dealt within 20 working days. If at the end of this time we are unable to respond, we will write to you explaining the reasons and giving you a new date. If you seek an internal review please write to:
Louise Booth
Head of Corporate Legal Services (Core Services)
Head office
Trafalgar House
1 Bedford Park
Croydon
CR0 2AQ
Email: [email address]

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner (ICO) within three months of the reply for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by Land Registry. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Yours sincerely

Roger Petty
Corporate Information Officer

Head Office, 1 Bedford Park, Croydon CR0 2AQ
DD: 0300 006 7054 | GTN: 67054
Email [Land Registry request email]
GOV.UK | @LandRegGov | LinkedIn | Facebook

dangos adrannau a ddyfynnir

Petty, Roger, Land Registry

Dear Mr Frankham

We sent a reply to your follow up request referred to in your email below on 17 March 2017. Do you still require an internal review?

Yours sincerely

Roger Petty
Corporate Information Officer

Head Office, 1 Bedford Park, Croydon CR0 2AQ
DD: 0300 006 7054 | GTN: 67054
Email [Land Registry request email]
GOV.UK | @LandRegGov | LinkedIn | Facebook

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