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What is a Deed of Assignment and the Foolish Risk your taking for not having a Deed of Assignment for your Land

By omonilelawyer | july 15, 2017 | 43,181 | 39.

A deed of Assignment is one of the most important documents YOU MUST HAVE when you conclude a Land Transaction. In fact it baffles me that 6 out of 10 people I know who have bought lands in the past have no deed of assignment . They are always the first to complain that Omonile has defrauded them but they have no proof to show the property has been sold to them other than a receipt.

It’s funny that everyone has the title documents to their car showing who the seller was and how it was transferred from the Seller of that car to you the new owner but when it comes to landed properties which are 10 times more valuable than cars, we fail to ask for this one simple important document that can prove ownership of that land. What then is this all important deed of Assignment I am alluding to? This can be found from the following definitions below:

A deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or property showing evidence that the Seller has transferred all his rights, his title, his interest and ownership of that land to that the Seller that has just bought land.

The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller . The person or Seller who transfers his rights or interests in that property is usually called the Assignor and the person who receives such right or interest from the Seller is called the Assignee.

A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.

Signing a Deed of Assignment and having that Deed is your number 1 evidence against another person that is trying to claim ownership of that same land too. If you have a land and no deed yet, i feel sorry for you! Better consult your Lawyer to go draft one for you now to save yourself future problems

In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance.

The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any confusion or assumption after the property has been transferred to the new owner . Such Key issues include:

1. The Parties’ to the Agreement e.g between Mr A and Mrs K

2. The addresses of both parties and how it is binding on their successors, friends, colleagues and those representing them in any capacity.

3. The history of the land in question how it was first obtained down to the moment its about to be sold including and documents it previously had till this date

4. The agreed cost of the land and the willingness of the Seller to finally accept that price paid for the land

5. The description and size of the land to be transferred.

6. The covenants or promises both parties choose to undertake to perfect the transfer of the document

7. The signature of the parties to the Assignment and Witnesses to the Transaction

8. Finally the section for the Commissioner of Oaths or Governors Consent to sign and validate the agreement.

These are the important features of a Deed of Assignment and must be included in all Documents for it to be valid. Don’t listen to any Omonile who tells you he doesn’t or the family doesn’t sign a deed of assignment and that it is only a receipt you need. He is only looking for a way to resell your land to another person and to use receipt as a ploy to prevent you from establishing true ownership of your land.

Always consult a property lawyer before you buy a land to help prepare a deed of assignment. It will be your greatest mistake if you don’t have one. Below is a sample deed of assignment and how it looks so that you don’t fall victim of land swindlers

SAMPLE DEED OF ASSIGNMENT

The Cover of the Deed of Assignment must show the parties to the transaction and the description of the land sold

The first page of the Deed of Assignment must contain the parties to the transaction and the brief history of how the land became the Sellers property

The third page must contain the description of the land to be sold, the surveyor that did it, the cost of the land, the acceptance of the cost of the land and the promises both parties will make to themselves to abide with after the deal has been sealed.

The last page must show the signatures of the parties and the witnesses to that transaction and finally below , the section for the commissioner of oaths to endorse or the Governor to assent his consent to this transaction

Always consult a property lawyer before entering a legal contract.

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39 comments.

owolabi animashaun

how much is it to obtain governor consent of 3plots of land at okegbegun phase 2.,winner church along laspotech road ikorodu? or if there is C OF O Availiable? thanks

Barr. Matthew Ottah

I need the square meters of the survey plan so that I can fathom out N estimate of what it would cost. Cheers

I have a parcel of Land i had alredy built a 3-Bedroom Bungalow on at Magada behind MFM Prayer City. I only have a Signed Agreement from the One I bought it from. I have paid to the Omonile but yet to get a receipt from them. I have not done a survey yet. Kindly advice.

babatunde Ogunnowo

good morning. what is the difference bewteen a deed of sublease and a deed of assignment? which is preferable 2. what are the cost implications for processing any tyeo of deed. thanks. keep up the good work

Sir, I have plot at ogun state and for the deed of assignment, the land owners said I will pay 100K for them to get it done that there are four signatories to it. The issue now is that the said amount is too much. Pls I need your input on this. Thank You

Matthew Ottah

You need to negotiate with them to reduce the price

Please Mr Ottah can you send your number so I can call to ask for help?

My numbers are everywhere on the site. Cheers

sir,this deed…who is resposible to issusing it,i.e is it part of the document the omonile will give you when you have paid for the land or the buyer contracts a lawyer to draw it up after payment and takes to family(olori ebi) to sign their portions.

Your very correct sir. Both options are the right way to go about it.

how do you know a false land

I wanted to buy a land from one of this estate, I was told the estate has a Global C of O from Ogun state government and that upon payment I will be issued a Deed of Assignment. There after I can do the survey. My questions are: 1. I was told since the Estate has Global C of O, I might not necessarily need individual C of O. 2. What other documents do I need to process apart from the survey. You sincere advice will be appreciated. Thanks

sir, thank you very much sir for your advise, all what u said above is true even i presently find myself in dat situation, i bought just half plot of land from a family representative at abeokuta in which i only collected receipt from them without the deed of assigmnet and i started work on the land, im even through with the foundation about to start the main building. Sir, i will be very glad and happy if you can put me through on what are d next steps to take, though i have printed out all the deed of assignment you pasted up for me to rewrite and give them to sign.

Thanks you very much sir

Hi, I bought a land from a relative of which the land have a c of o under my Anty family name, my question is; 1. Do I have to do personal c of o on my name. 2. is’t secure under my Anty family name. I need an advice, and I will be looking forward to hear back from you because I don’t know what to do before is too late…thanks!

Good evening barrister, Pls must I first so a survey before I do a deed. We Purchased a land and we have just a receipt. Thank you

please is it legal for a non lawyer to prepare a deed of assignment? Thanks.

Please explain to me the difference between Deed of Assignment and Deed of Agreement. I am getting different interpretation and it is confusing. When I buy a family land, which one should I prepare for the family to sign?

They are the same thing sir and perform the same function.

Could you please tell me the importance of that red seal in a deed? What is its significance? How important is it? Thanks

Its of no serious importance in modern day execution of documents. As long as the parties have signed or attested to the documents with their signatures or personal thumbprint, the document is as good as been executed properly. People who use it are mostly Customary Land Families to show how important their signatures are

Giulia Devey

I have a deed of assignment which is signed but the property has an outstanding mortgage on the property. I have been paying this, however it fell into arrears and now the assignor is claiming against me for receiving adverse credit. This person did not take their name off the mortgage therefore would I be liable for her claim in court?

Yes you would because you have chosen to continue paying the outstanding mortgage. Your lawyer should have advised you on the perils of continuing the mortgage payment in your name

Pls. must a land have C of O before Governor conscent can be acquired if purchased from the owner? What happen when the land doesnot have C of O? can the buyer seek to get C of O in place of Governors conscent

Please can a commissioner for oath of Lagos State endorse the dead while the land is situated in ogun state

Can a deed of assignment be prepared for land that does not have C of O yet but which Allocation paper or R of O is ready?

name withheld

my friend bought a property an does not know how much to pay his attorney, the attorney are asking for 500k 180, and claimed they have to bribe some people to get them to follow the deed of assignment , is it a fraud of are the lawyers just trying to be a fraudulent?? thanks and have a good day

Good day Sir, I found this site and info therein helpful. Is it possible for a the seller to issue a 2 Deed of assignment to different person on the sme land.

What is the functional different between C of O and deed of assignment

Two people bought a plot of land. The seller bought it from another person. What documents must the new buyers get? Must each survey his own portion before the agreement?

omonile lawyer, pls i have power of attorney and deed of partition for a piece of land in abuja (4 of us bought and shared the land), do i still need deed of assignment?

Sir, I want you to send a soft copy of deed of assignment to my email. How much would it cost? [email protected]

Good day sir. I bought a plot of land, have a signed deed of assignment. But resently, d surveyor called me that there is need to create a road at my (land) back i.e a plot will b inbetween two roads and that i should shift my pillar and the corner piece. Now, i need ur advice on what to do sir. Thanks. N.B He is d one who sold d land, measured, pegged and put d pillar.

l can get in touch with the company l signed deed of assignment with 4 times no reply to me

Gabriel Joseph

To be honest with you this is really helpful. Thanks

how do I submit my deed of assignment for record purpose

pls sir,I bought a land with power of attorney from estate management.Am I entitle to omonile receipt and deed of assignment?

i have a land which was purchased from the estate developers but i lost all documents to it by an act of God. what can i do

please sir, can u help us with a sample of the shedule page so that i ccan coinfirm that the schedule page of the deed of assignment for my land is made in the right form

Ola Abiodun

I bought a land in my name and wife’s name. I have now built a property on this land and all the paper works including CofO and the plan have our names both. The land and the property was solely bought and built with my money. I understand we both have claim because her name is on the documents.

What do I need to do to take her name off the the property, both the land and the building? Can you also please advise the likely cost?

I look forward to hearing from you

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The memorial number of any instrument being discharged, reassigned or otherwise satisfied by the instrument the subject of the memorial.

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Landlord and tenant - is a virtual assignment a breach of an alienation covenant?

A "virtual assignment" is an arrangement under which all the economic benefits and burdens of a lease are transferred to a third party, but without any actual assignment of the leasehold interest.

In Clarence House Ltd v National Westminster Bank plc , the High Court had to consider whether such an arrangement was a breach of the terms of a lease. The lease contained the usual restrictions on alienation. The tenant entered into a virtual assignment with a company called New Liberty. The tenant granted a power of attorney to New Liberty enabling New Liberty to act in the name of the tenant in relation to the property. The landlord was not informed about the virtual assignment.

The property in question had been fully sublet. Under the terms of the virtual assignment, New Liberty was obliged to manage all dealings with the landlord and the undertenant as if the property had been assigned to it. The document stated that all monies receivable from the undertenant therefore belonged to New Liberty.

The High Court considered each of the limbs of the alienation covenant in turn. It ruled that the virtual assignment did not amount to an underletting, since it did not reserve a reversionary interest to the tenant. The court also rejected the submission that the virtual assignment was a breach of the covenant against assignment. It cited previous case law that held that a prohibition on assignment in a lease is confined to a legal assignment only. This was a registered lease, with the result that, in order to be legal, an assignment would have to be registered at the Land Registry (which the virtual assignment had not been).

With some hesitation, the court also decided that the virtual assignment did not constitute a breach of the covenant in the lease not to execute a declaration of trust in relation to the property. The landlord argued that, since the intention of the virtual assignment was to transfer all the economic benefits and burdens to New Liberty, the tenant merely remained the nominal owner of the lease, which (it argued) amounted to the tenant being a bare trustee.

The court recognised the similarity with the characteristics of a trust. However, in its view this transaction was founded in contract rather than in equity. Under the kind of bare trust alleged by the landlord, the beneficiary would have the right to put the trust to an end at any time by calling for a transfer of the legal title to itself. No such right was available to New Liberty under the terms of the virtual assignment.

The court then turned to the prohibition on sharing or parting with possession or occupation of the property. As the premises were fully sublet, there was no breach of the occupation covenant. The tenant argued that since New Liberty had no right to occupy the property, it could not be in possession. The court disagreed. Possession and occupation were separate concepts. The court ruled that, by entering into the virtual assignment, the tenant had either parted with possession of the property, or at least was sharing possession with New Liberty. This view was reinforced by the definition of "possession" in the Law of Property Act 1925, which includes the receipt of rents, or the right to receive rents.

Things to consider

The device of a virtual assignment is used in a number of situations. It may be used in large portfolio transactions, where there is not time to obtain all the landlords' consents prior to completion of the deal, or on deals where real estate is not the main asset. The ruling in this case means that such arrangements are highly likely to be unlawful. However, in the current climate, where landlords may be reluctant to issue proceedings for forfeiture, it remains to be seen whether a landlord faced with a virtual assignment will be able to demonstrate that it has suffered any loss to enable it to claim damages. The landlord pointed out that the fact that the underlease rent was now being received by New Liberty may impact on the tenant's ability to pay the rent under the headlease. However, in this regard it should be noted that in the case of non-payment of rent under the headlease it is of course open to a landlord to require the undertenant to pay the rent directly to it.

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Overview of land registry

Search land records or securely register documents and survey plans for a property – all in one place.

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Practice guide 29: registration of legal charges and deeds of variation of charge

Updated 17 April 2023

Applies to England and Wales

© Crown copyright 2023

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected] .

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/registration-of-legal-charges-and-deeds-of-variation-of-charge/practice-guide-29-registration-of-legal-charges-and-deeds-of-variation-of-charge

Please note that HM Land Registry’s practice guides are aimed primarily at solicitors and other conveyancers. They often deal with complex matters and use legal terms.

1. Introduction

A charge may be made in form CH1 in accordance with rule 103 of the Land Registration Rules 2003. This form is not prescribed and lenders may use charges tailored to their own particular requirements.

2. Approved forms of charge

Lenders may have all their forms of charge approved by the Commercial Arrangements Section at HM Land Registry Head Office. Approval of charges carries the following benefits.

• No separate form RX1 is needed to register a standard restriction applied for in the charge
• No separate form CH2 is needed to register an obligation to make further advances that is applied for in the charge
• We will create computer codes for lenders with approved forms of charge which will ensure that their agreed name and address(es) for service and appropriate restrictions and obligation entries are always entered accurately in the register

For details of the approval process, please see practice guide 30: approval of mortgage documentation .

3. Application to register a charge

An application to register a charge should contain:

• application form AP1
• certified copy form CH1 , or the lender’s own form of charge . See Application form AP1 regarding retention of documents submitted with applications
• the prescribed fee

If the charge is by an overseas entity they will have to comply with the requirements in the Economic Crime (Transparency and Enforcement) Act 2022. For information about this Act and evidence that must be provided to HM Land Registry, see practice guide 78: overseas entities .

A charge of part must contain a plan identifying the property, unless it can be clearly identified on the chargor’s title plan, when it may be described by reference to that title plan. Where the charge contains a plan, the plan must be signed by the borrower. The applicant should also complete the second option in panel 3 of the AP1, and RX1 where applicable.

Please note that form CH1 was amended on 1 August 2022 by the Land Registration (Amendment) Rules 2022 to require an overseas entity ID to be provided when applying to register a legal charge by an overseas entity. You can also find information about this in practice guide 78. Where a charge is in the lender’s own form of charge , the borrower’s overseas entity ID must be included with the application.

You do not need to lodge mortgage documents incorporated by reference in the charge itself (for example, rules of a building society, mortgage conditions, or an agreement for loan).

Registered charges rank, as between themselves, according to the order in which they are entered in an individual register (section 48(1) of the Land Registration Act 2002 and rule 101 of the Land Registration Rules 2003). However, this is subject to “an entry in the individual register to the contrary”. If you wish us to make an entry when registering a charge to the effect that the charge has priority over an existing registered charge , you should make clear in the application (ideally in form AP1) that you are seeking such an entry as part of the application. The following is an example of when you might want such an entry to be made.

• Charge A is created before charge B (so charge A has priority over charge B, as first in time – section 28(1) of the Land Registration Act 2002)
• Notice is entered in the register in respect of charge A
• Subsequently, charge B is completed by registration – at this stage the effect of charge A being noted is that its priority is protected as against charge B (section 29(2)(a)(i) of the Land Registration Act 2002)
• Later, charge A is also completed by registration

It is arguable that retaining the notice in respect of charge A constitutes “an entry in the register to the contrary”, and so allows for charge A to retain its priority over charge B. But you may also wish, when applying to register charge A, to seek an entry that expressly provides for charge A to have priority over charge B. It is likely that we will serve an objection notice on the proprietor of charge B before making any such entry.

We will not automatically remove the notice in respect of a charge when subsequently completing the grant of that charge by registration, but it would still be advisable to make clear, when applying to register the charge , that the notice is to remain in the register, so that this is done; see practice guide 19: notices, restrictions and the entry of third party interests in the register .

If a single application is made to register two or more charges at the same time, which are to be registered with an order of priority different to their dates of creation, please ensure that the order of priority is made clear when making the application. In such cases our casework systems will place charges in date order and the order of priority will be reflected by the notes being added to the charge entries to confirm the order in which the charges rank as between themselves (in accordance with rule 101 of the Land Registration Rules 2003).

4. Charges by UK companies and limited liability partnerships

For charges created by UK companies and limited liability partnerships on or after 6 April 2013, and where the application is lodged by a conveyancer , in addition to the application form AP1 you must also lodge:

• certified copy of charge . It must not be redacted in any way
• a copy of the certificate of registration issued by Companies House. This will be an electronic copy if the application is lodged through e-DRS (electronic Document Registration Service) or a paper copy when sent by post. A paper copy does not need to be certified
• a certified copy the original charge of which a copy (or a redacted copy under section 859G of the Companies Act 2006) has been filed at Companies House
• a certified copy of the charge to which the accompanying certificate of registration relates.

If you do not lodge the appropriate certificate of registration at Companies House and the additional written confirmation or certificate, we will make a note to the entry in the register stating that the charge may be subject to the provisions of section 859H of the Companies Act 2006 (rule 111 of the Land Registration Rules 2003).

If the application is not lodged by a conveyancer then we will also require a Companies House generated copy of the charge , bearing the unique identifier code for the charge , which should correspond with the code on the certificate of registration.

4.1 Charges which contain plans

If the charge contains a plan, Companies House will only accept an A4 sized plan for filing electronically. Where the plan is larger you will have to reduce the size of the plan annexed to the copy charge filed at Companies House. In these circumstances you can amend your written statement or certificate to say that the charge lodged for registration is:

• the original charge of which a copy (or a redacted copy under section 859G of the Companies Act 2006) has been filed at Companies House, save that the plan filed has been reduced in size to meet Companies House electronic filing requirements
• the charge to which the accompanying certificate of registration relates

4.2 Charges which are exempt from registration at Companies House

The requirement for registration at Companies House does not apply to:

• a charge in favour of a landlord on a cash deposit given as security on the lease of land
• a charge created by a member of Lloyd’s (within the meaning of the Lloyd’s Act 1982) to secure its obligations in connection with its underwriting business at Lloyd’s
• a charge excluded from the application of section 859A of the Companies Act 2006 by or under any other Act

(Note: Charges created by overseas companies on or after 1 October 2011 do not have to be registered at Companies House nor will the provisions of rule 111A of the Land Registration Rules 2003 apply.)

5. Application to enter a restriction

An application for a restriction must be made in form RX1 unless the application is for a standard form of restriction and is made in panel 8 of form CH1 , or it is for a standard form of restriction made in an approved form of charge (rule 92 of the Land Registration Rules 2003). No fee is payable in respect of the restriction if application for its entry accompanies the application to register the charge to which it relates.

Generally, any restriction entry that specifically relates to the charge you are discharging will be cancelled automatically when the charge is discharged. However, if a restriction in favour of the lender does not specifically refer to the charge being discharged, a separate withdrawal of that restriction in form RX4 must be lodged with the application to register the discharge. If form RX4 is not lodged, the restriction will remain in the register.

6. Application to note in the register a lender’s obligation to make further advances

An application to note an obligation to make further advances in an unapproved charge , or not in form CH1 must be made in form CH2 , panel 8 of form CH1 or in an approved charge (rule 108 of the Land Registration Rules 2003). The application must be made by either the lender or their conveyancer . No fee is payable if the application to note a lender’s obligation accompanies an application to register the charge to which it relates.

7. Application to note agreed maximum amount of security

Under rule 109 of the Land Registration Rules 2003, an application may now be made to note in the register an agreement for the maximum amount secured by a charge .

Even if such an amount is stated in the charge itself, irrespective of whether or not the charge has been previously approved by us, or in a subsequent deed of variation, an application to note the maximum amount must always be made in form CH3 .

If a later agreement is made to amend the amount of maximum security stated in the register, a further application in form CH3 can be lodged, accompanied by the appropriate fee. Although an additional entry will be made in the register in respect of the new amount, the original entry will remain in the register.

8. Consolidation of a charge

If a charge contains a right of consolidation with another specific charge , we will not make an entry in the register, unless specific application is made using form CC in accordance with rule 110 of the Land Registration Rules 2003.

9. Application form AP1

You should complete this form in the normal manner, but you should note the following points.

9.1 Panel 3

Consider whether the charge affects the whole or part of the title and in the case of the latter please give a brief description of the part affected after the second option with reference to a plan if necessary.

9.2 Panel 5

Panel 5 must be completed as to the documents lodged with the application. We will need only certified copies of deeds or documents you send to us with HM Land Registry applications. Once we have made a scanned copy of the documents you send to us, they will be destroyed. This applies to both originals and certified copies. If you lodge your application electronically, you must ensure that the ‘MD’ reference printed on the charge appears clearly on the scanned copy.

9.3 Panel 10

Panel 10 must be completed with the following.

• The lender’s full name and address, including its postcode. Note that if the form of charge has been approved by HM Land Registry and an address has been agreed by the lender with HM Land Registry we will use that address. Up to 3 addresses for service are allowed. One of these must be a postal address, but it does not have to be within the United Kingdom. If required, a second and third address may also be given, which may be additional postal addresses within or outside the United Kingdom; a document exchange box number within the United Kingdom; or an electronic address
• If the lender is a company, its company registration number
• If the lender is a limited liability partnership, its registered number
• If the lender is an overseas company , unless an arrangement has already been made with us, you must state the territory of incorporation, registered number in the UK including any prefix and a copy of the company’s constitutional documentation must accompany the application. A translation must be supplied if this documentation is not in English or Welsh. Alternatively a certificate in Form 7 may be given by a qualified lawyer practising in the territory of incorporation

A fee is payable under the current Land Registration Fee Order (see HM Land Registry: Registration Services fees ).

No fee is payable if the charge is lodged at the same time or before the completion of certain types of applications where a fee has already been paid. Further information about this is contained in the Land Registration Fee Order.

11. Documents issued on completion

The only documents that we will issue on completion of an application to register a charge are:

• an official copy of the register showing the entries that exist in the register on completion of your application
• a ‘register completion sheet’ which confirms that your application has been completed and explains the importance of keeping the register information up to date

12. Postponement of charge

To make an application to register the postponement of a charge you need to lodge form AP1 and a certified copy of the letter or deed of postponement.

12.1 Postponement by letter

The letter of postponement must be:

• on the headed notepaper of the lender which is postponing their charge
• signed by the lender which is postponing their charge
• addressed to either HM Land Registry or the lender whose charge is gaining priority.

The letter does not need to be signed by either the lender whose charge is gaining priority or the registered proprietor of the land.

See below for acceptable signatories.

12.2 Postponement by deed

The deed must be validly executed by the lender whose charge is being postponed. It does not need to be executed by the lender whose charge is gaining priority or the registered proprietor of the land.

There is a fixed fee under the current Land Registration Fee Order unless the postponement is lodged at the same time as an application for which either a scale fee or another fixed fee has been paid (see HM Land Registry: Registration Services fees ).

12.4 Consent to restriction

If there is a restriction in Form P in the register in favour of the postponing lender, you do not need a separate consent to registration of:

• the postponement itself
• the registration of a new charge which is taking priority to the postponed charge .

Consent is implied by the signing or execution of the postponement. Most chargee restrictions are in Form P .

If there is a restriction in the register in favour of the postponing lender in Form N or Form T :

• where the restriction requires the written of a specified individual (usually the chargee’s secretary or conveyancer ), a postponement executed or signed by that individual is acceptable as evidence of consent. If the postponement is executed or signed by a different individual, a separate consent is required
• where the restriction is worded so that it requires a written consent “signed by [name of company] of [address]” a separate consent is not required if the company named in the restriction has executed or signed the postponement.

12.5 Register entries

12.5.1 postponement of one registered charge to another.

“The priorities of the charges dated [date] [in favour of……] and [date] [in favour of…..] referred to above have been altered by a [letter/deed] dated [date].”

12.5.2 Postponement of agreed or unilateral charge protecting a financial interest to a subsequent registered charge

“The priorities between the registered charge dated [date] [in favour of….] referred to above and the [type of interest for example “equitable charge ”] in favour of [name of beneficiary] protected by the notice also referred to above have been altered by a [letter/deed] dated [date].”

12.5.3 Postponement - Homebuy Deed of Priority

“The priorities between the charges dated [date] [in favour of….] and [date] [in favour of…] referred to above have been altered by a [letter/deed] dated [date] activated by a memorandum of application dated [date].”

12.5.4 Postponement of discount charge

“The priorities between the discount charge referred to above and the charge dated [date] [in favour of…] referred to above have been altered by a [letter/deed] dated [date].”

13. Deeds of variation of a registered charge

13.1 general.

An application to register a deed of variation must be made under cover of an application form AP1, enclosing a certified copy of the deed.

Our Commercial Arrangements Section at HM Land Registry Head Office will continue to approve deeds of variation. Please see practice guide 30: approval of mortgage documentation for further information.

It is not possible to apply in a deed of variation for a restriction or for an entry to show that a lender is under an obligation to make further advances. If these entries are required, separate applications must be made in form RX1 and form CH2 respectively.

13.2 Execution

Although the borrower must execute the deed of variation, there is no requirement for the lender to do the same. We will accept that the lender will be bound by the terms of the variation if the deed is either lodged by the lender or a practitioner acting on behalf of the lender.

Rule 113 of the Land Registration Rules 2003 requires that an application to register a deed of variation must be made with the consent of the proprietor of any registered charge (and the proprietor of any sub- charge derived directly or indirectly from such a charge ) of equal or inferior priority to the charge being varied, if the other lender is adversely affected by the terms of the variation, unless that proprietor has executed the deed itself or its consent is not required under the terms of its charge or sub- charge .

Our view is that alterations of the following types do not adversely affect a charge (and sub- charge thereof) with equal or inferior priority.

• A reduction in the interest rate
• A reduction in the capital debt

However, we consider that any alterations that either:

• increase the interest rate
• increase the capital
• extend the term of the earlier charge
• create an obligation to make further advances, to be such as may adversely affect any charge (and any sub- charge thereof) with equal or inferior priority

In these circumstances, the proprietor of any charge (and sub- charge ) adversely affected must (unless their consent is not required under the terms of their charge or sub- charge ) execute the deed; or give their written consent to the registration of the deed of variation. The consents, or a certificate by a conveyancer that they hold the requisite consents, must be lodged with the deed of variation application.

Alternatively, the proprietor of any such charge (or sub- charge ) may supply a letter confirming that it does not consider its charge (or sub- charge ) to be adversely affected by the terms of the variation and, consequently, feels that it does not need to execute the deed nor lodge a consent. However, in the absence of any evidence we will not raise a requisition. Instead, we will make a non-guaranteed entry in the following form in the register:

“A Deed dated __ made between __ is expressed to alter the terms of the Charge dated __ referred to above.

NOTE: Copy filed”.

14. Digital mortgages

A digital mortgage is a mortgage deed that has been created, signed and dated electronically using HM Land Registry’s digital mortgage service, which is part of HM Land Registry’s network under section 92 of the Land Registration Act 2002. The digital mortgage will be made under section 91 of the Land Registration Act 2002, and (before 6 April 2018) the Land Registration (Electronic Conveyancing) Rules 2008. On and after 6 April 2018 those Rules are revoked and rules 54A to D of the Land Registration Rules 2003 (as amended) will apply. This means the digital mortgages created through the digital mortgage service will be regarded for all legislative purposes as deeds.

Digital mortgage deeds will not need to be witnessed, as the electronic signature process effectively acts as an online notarial system. The identity of the borrower is checked in advance of signing and the signature is certified. Although the digital mortgage deed is entirely electronic, it will be possible to get official copies of the deed in PDF format, once it is registered.

A digital mortgage deed can be distinguished from a paper mortgage deed in various ways, such as:

• it is headed ‘Digital Mortgage Deed’
• it contains the statement: “This charge takes effect when the registrar receives notification from [ conveyancer name] that the charge is to take effect” followed by the date the deed was made effective
• it includes a typographical representation of the borrower’s digital signature, such as: “Signed by Jane Louise Smith”

14.1 The digital mortgage service

The digital mortgage service is a service that enables a conveyancer to create a digital mortgage deed. It can be used only to create remortgages of a borrower’s existing property.

A borrower will be able to access their digital mortgage deed using the ‘Sign Your Mortgage Deed’ service website. The borrower will need to prove their identity using GOV.UK Verify . Once the borrower’s identity has been confirmed, they will be able to sign their deed electronically. This includes confirming they are signing their deed by entering a code that has been sent to their mobile phone. Once the borrower has signed the deed, the conveyancer can complete the transaction and make an application for registration.

The use of GOV.UK Verify is an additional identity check at the point of signature. Use of the service does not change the requirements for a conveyancer to undertake their own identity checks in accordance with practice guide 67: evidence of identity .

14.2 How to use the digital mortgage service

Conveyancers must be registered Business Gateway users who have signed an HM Land Registry Network Access Agreement, to use the service. They will also need to have developed the relevant IT capability to use the service.

A lender who undertakes their conveyancing in-house will also be able to use the service. To use the service, the lender’s digital mortgage deed will need to be approved in advance for use with the service, and allocated an e-MD reference.

15. Things to remember

Always check that:

• the charge is in a form approved by us
• your application should also contain a form RX1 to enter a restriction
• your application should also contain a form CH2 to note an obligation to make further advances
• panels 5 and 10 on the application form AP1 have been completed, and if appropriate, your application includes a copy of the lender constitution in English or Welsh
• if the borrower is an overseas entity that you have complied with the requirements in the Economic Crime (Transparency and Enforcement) Act 2022
• you have enclosed form CH3 if an entry is required in the register to note an agreed maximum amount of security
• if your application includes a deed of variation, all the required parties have executed the deed or you have included the necessary consents
• you have enclosed the appropriate fee?

Please note that HM Land Registry may be unable to process applications that are incomplete or defective and your application will risk losing its priority if we have to return it to you – see practice guide 49: return and rejection of applications for registration for more information.

We only provide factual information and impartial advice about our procedures. Read more about the advice we give .

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