Validation of Action

The request was refused by Land Registry.

Dear Land Registry,

A recent enquiry revealed that the Land Registry automatically remove restrictions when a local authority was the proprietor of the land.

Under what Government legislation does the Land Registry have authority to remove restrictions?

Under what premise does the Land Registry consider a local authority a suitable reason to remove a restriction?

Yours faithfully,

Ralph Hardwick

Chevin, Zak, Land Registry

Dear Mr Hardwick.

Thank you for your email of 03 July 2020 requesting information about the removal of restrictions.

We are currently experiencing a delay to services due to Covid-19 and anticipate that some Freedom of Information requests may take longer to respond to than usual.

I would ask that you please bear with us and we will do our best to respond to your request as soon as we are able to do so.

Thank you in advance for your patience and understanding during this time.

If you have any queries about this letter, please do not hesitate to contact me. Please remember to quote the reference number F200703 in any future communications.

Yours sincerely,

Zak Chevin
Disclosure Officer
Information Rights Team, Castle Wharf House, 2 Canal Street, Nottingham, NG1 7AU
Email: [email address]
GOV.UK | @HMLandRegistry| LinkedIn | Facebook
To see how HM Land Registry treats your personal information please click here

show quoted sections

Chevin, Zak, Land Registry

Dear Mr Hardwick,

 

Thank you for your email of 03 July 2020 in which you requested
information on the following:

 

o Under what Government legislation does the Land Registry have
authority to remove restrictions?

 

o Under what premise does the Land Registry consider a local authority a
suitable reason to remove a restriction?

 

Your request was dealt with under the terms of the Freedom of Information
Act 2000.

 

HM Land Registry operates specifically under the Land Registration Act
2002 and the Land Registration Rules 2003 but must also have regard to
other legislation and the general law. The Land Registration Act and Rules
provide mechanisms for the removal of restrictions, please see, for
example, rules 97-99 of the Land Registration Rules 2003.

 

Please also see section 3.7 of HM Land Registry's Practice Guide 19:
Notices, restrictions and the protection of third party interests which
deals with the removal of restrictions.

 

[1]https://www.gov.uk/government/publicatio...

 

HM Land Registry also has a general power under Schedule 4, Paragraph 5 of
the Land Registration Act 2002 to bring registers up to date and to remove
superfluous entries. This includes the cancellation of restrictions which
are no longer required.

 

A local authority may apply to withdraw or cancel a restriction in the
same way as any other person. For example, it may apply to withdraw a
restriction that it originally applied for or where it is now the
beneficiary of the restriction. A local authority applying to cancel a
restriction must provide information or evidence as to why the restriction
is no longer required.

 

Some restrictions are removed automatically by HM Land Registry on the
registration of a disposal because they are no longer required, for
example if they are only intended to operate for a set period of time.

 

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:

Information Rights Team

Head Office

Trafalgar House

1 Bedford Park

Croydon

CR0 2AQ

Email: [2][Land Registry request email]

 

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 HM
Land Registry. Please see their [3]contact page. Please note that the
ICO's offices are closed for the foreseeable future. They are unable to
receive correspondence by post.

 

Yours sincerely,

 

Zak Chevin

Disclosure Officer

Information Rights Team, Castle Wharf House, 2 Canal Street, Nottingham,
NG1 7AU

Email: [4][email address]

[5]GOV.UK | [6]@HMLandRegistry| [7]LinkedIn | [8]Facebook

To see how HM Land Registry treats your personal information please
click [9]here

 

HM Land Registry’s ambition is to become the world’s leading land registry for speed, simplicity and an open approach to data. Our mission is: “Your land and property rights: guaranteed and protected”.

We check all mail and attachments for known viruses. However, you are advised that you open any attachments at your own risk. If you have received this email and it was not intended for you, please let us know, then delete it.

We welcome correspondence in English and Welsh.

To see how HM Land Registry treats your personal information, read our Personal information charter: www.gov.uk/government/organisations/land....

References

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1. https://www.gov.uk/government/publicatio...
2. mailto:[Land Registry request email]
3. http://newsletter.ico.org.uk/c/14ask4xGq...
4. mailto:[email address]
5. https://www.gov.uk/government/organisati...
6. https://twitter.com/HMLandRegistry
7. http://www.linkedin.com/company/land-reg...
8. http://www.facebook.com/pages/Land-Regis...
9. https://www.gov.uk/government/organisati...

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 'Validation of Action'.

I am not satisfied with the response given - as my questions have not been answered in full.

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

Yours faithfully,

Ralph Hardwick

Chevin, Zak, Land Registry

Dear Ralph Hardwick,

Thank you for your email of 22 July 2020 in which you requested an internal review.

This has been passed to one of our Data Protection Officers who will look into it and aim to have a response to your request within twenty working days.

Yours sincerely,

Zak Chevin
Disclosure Officer
Information Rights Team, Castle Wharf House, 2 Canal Street, Nottingham, NG1 7AU
Email: [email address]
GOV.UK | @HMLandRegistry| LinkedIn | Facebook
To see how HM Land Registry treats your personal information please click here

show quoted sections

Dear Chevin, Zak,

Where is the response to my question?

Yours sincerely,

Ralph Hardwick

Chevin, Zak, Land Registry

Dear Mr Hardwick,

Thank you for your email of 04 August 2020.

As outlined in my previous email, the internal review has been passed on to a Data Protection Officer who will aim to have a response for you within 20 working days - this request was passed to the Data Protection Officer on the 22 July 2020 and therefore the deadline for response will be the 19 August 2020.

Yours Sincerely,

Zak Chevin
Disclosure Officer
Information Rights Team, Castle Wharf House, 2 Canal Street, Nottingham, NG1 7AU
Email: [email address]
GOV.UK | @HMLandRegistry| LinkedIn | Facebook
To see how HM Land Registry treats your personal information please click here

show quoted sections

Whiting, Daniel, Land Registry

1 Attachment

Dear Mr Hardwick,

 

Further to your email of 22 July 2020 requesting an internal review to
case reference F200704, please find attached our response.

 

With kind regards

 

Daniel Whiting

Deputy Data Protection Officer, Information Rights Team

 

Risk and Assurance 

Land Registry Gloucester

DD: 0300 006 1944 

M: 07905 626590 

 

[1]GOV.UK | [2]@HMLandRegistry | [3]LinkedIn | [4]Facebook 

To see how HM Land Registry treats your personal information please click
[5]here. 

 

HM Land Registry’s ambition is to become the world’s leading land registry for speed, simplicity and an open approach to data. Our mission is: “Your land and property rights: guaranteed and protected”.

We check all mail and attachments for known viruses. However, you are advised that you open any attachments at your own risk. If you have received this email and it was not intended for you, please let us know, then delete it.

We welcome correspondence in English and Welsh.

To see how HM Land Registry treats your personal information, read our Personal information charter: www.gov.uk/government/organisations/land....

References

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

Dear Whiting, Daniel,

The restriction within the Title NGL241053 of Parks & Open Space was removed in April 2018.
The response in the attachment provided in the response dated 4th August 2020 fails to provide any detail with regard to any instructions or correspondence that led to the removal of this restriction.

Please can you confirm that this restriction would have been valid within NGL241053 until it was removed?

If later Titles were created which encompassed the land identified in NGL241053, would they be required to include a clause or paragraph that would identify the restriction of Parks & Open Space enjoyed by NGL241053?

I cannot accept that the restriction can 'automatically' be removed. What correspondence or instructions does the Land Registry hold that led to the removal of the restriction in April 2018?

Correspondence or instructions may include requests from any of the following authorities or companies, or their agents: Tower Hamlets, Eastend Homes and Telford Homes.

Yours sincerely,

Ralph Hardwick

Whiting, Daniel, Land Registry

1 Attachment

Dear Mr Hardwick,

 

Further to your recent Freedom of Information enquiry, please find our
letter of response attached.

 

Yours sincerely,

 

Daniel Whiting

Deputy Data Protection Officer, Information Rights Team

 

Risk and Assurance 

Land Registry Gloucester

DD: 0300 006 1944 

M: 07754 858 898

 

[1]GOV.UK | [2]@HMLandRegistry | [3]LinkedIn | [4]Facebook 

To see how HM Land Registry treats your personal information please click
[5]here. 

 

HM Land Registry’s ambition is to become the world’s leading land registry for speed, simplicity and an open approach to data. Our mission is: “Your land and property rights: guaranteed and protected”.

We check all mail and attachments for known viruses. However, you are advised that you open any attachments at your own risk. If you have received this email and it was not intended for you, please let us know, then delete it.

We welcome correspondence in English and Welsh.

To see how HM Land Registry treats your personal information, read our Personal information charter: www.gov.uk/government/organisations/land....

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References

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5. https://www.gov.uk/government/organisati...