Completing the New Form of Memorial
The new form of Memorial in the First Schedule to the Land Registration Regulations has been in use since 1st November 1986. Some Solicitors' clerks have experienced difficulties in completing the new form in certain circumstances.
There have been instances where Agreements for Sale and Purchase in respect of units in uncompleted buildings were lodged for registration in the Land Office and the "Premises affected" box in the Memorial form was completed with the relevant undivided shares and lot numbers but not the addresses because the addresses were not yet known. These Memorials were withheld from registration by the Land Office. Solicitors are now advised that the Land Office will not in future withhold from registration the Memorial of an Agreement for Sale and Purchase or other instrument in respect of a unit or units in an uncompleted building where the address of the premises is not yet known, if the "Premises affected" box is completed with the relevant undivided share and lot number, a description of the unit and then with the words "Address not yet known", and provided that the Memorial is properly completed in all other respects. The Land Office will withhold from registration any Memorial where the address of the premises affected is known but has not been inserted in the "Premises affected "column in the Memorial.Please also see LRCM 6/07.
Some Solicitors' clerks have had difficulties also in completing the "Consideration" box in the Memorial form where the relevant deed does not express any money consideration. For the purposes of the Memorial, "Consideration" should be taken to mean money consideration. Accordingly, where a deed does not express any money consideration the "Consideration" box in the Memorial form should be filled in with the word "Nil".
(Noel M. Gleeson)