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Posted Tue, 22 Apr 2025 13:58:12 GMT by Carl Selden
Hello Adam,

I am in the process of creating and executing 2 separate Deeds of Grant of Easement by agreement and without any financial consideration affecting registered titles as follows.  Owner A owns title 1.  Owner B owns titles 2 and 3, which are adjacent or near to title 1.  Title 1 has the electricity supply access point on it that serves title 3 and will be needed to be accessed to provide a servce to title 2 when a supply is installed there.  Title 2 has the telecommunications supply access point on it and title 1 needs to pass cable ducts from here to their title.  Therefore for the sake of clarity, 2 separate Deeds of Easement have been drafted to grant access to these service junction points and the right to run and maintain cables for the benefit of the titles as appurtenant rights since the Grantor and Grantee are in opposite senses in both cases.  The first of these deeds affects 2 titles and the second of these deeds all 3 titles.

My question is whether both of these Deeds of Grant of Easement can be submitted using the same AP1 form, stating the 3 affected titles in section 2 of AP1 or whether they should be submitted as two separeate AP1s because one deed only affects 2 titles and the other all 3?  If the former, is this covered by a single £40 fee or one fee per Deed to be registered?

Also, the notes state that the AP1 must be accompanied by a certified copy of the Deeds of Grant of Easement. Am I correct in understanding that these can be certified by a responsible person as per the guidance in https://www.gov.uk/certifying-a-document or do they have to be certified by a conveyancing (or any type of) solicitor?

Finally, I am assuming that I will have to submit a certified ID5 (and ID1?) for the three individuals who are parties to the Deeds of Grant of Easement (the owners of title 1 are a married couple, so presumably both must sign the deeds to execute them correctly?)

Is there anything else that you can think of that could cause an issue with my AP1 application when I submit it as I am attempting to do this in a DIY manner?

Thanks and kind regards, Carl
Posted Tue, 22 Apr 2025 15:48:27 GMT by Adam Hookway
Hello Carl - you can submit the 2 deeds as one application but any registration fee is payable per deed/transaction so to speak so two separate fees payable for each. It's not for example one form AP1 and one fee if there are two separate deeds being registered
Note it's a fixed fee for each Deed and that fee includes up to three titles 
The GOV.UK guidance re certifying a document can be relied upon
There are no identity requirements on submission of an application to register deeds of grant - see PG 67 for when such evidence is required - Evidence of identity (PG67) - GOV.UK
See Practice guide 62: easements - GOV.UK for guidance on the types of things you need to consider

Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation. Before making an application without legal representation, it is important to consider the benefits of using a conveyancer.

 

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