The Property Registration Authority (PRA) has recently amended its Practice Direction to its staff entitled “Family Home and Family Law Acts” directing them to no longer accept lodgement of Family Home Protection Act or Family Law Acts declarations (referred to here as ‘family law declarations’).

It has been confirmed by the PRA that any dealings lodged containing such declarations will not be rejected, but the family law declarations will be returned by the PRA to the lodging party.

The purpose of this practice note is to:

• Firstly, alert the profession to the fact that the PRA is no longer accepting lodgement of family law declarations and is returning them,
• Secondly, that solicitors should continue to obtain these declarations, and
• Thirdly, let the profession know that the committee is disputing this change in policy with the PRA, with a view to persuading it to change its practice in this regard, as the committee is of the view that family law declarations are a necessary part of title registration.

Retention of title documents

While the PRA was still accepting lodgement of the family law declarations, the profession could be assured that the necessary declarations would be to hand if stored in the Land Registry should it become necessary to dispute any claim on property as might arise under family law.

With the PRA now refusing to accept lodgement of these declarations, there is a fear that they may become separated from the main title deeds and become lost as a result.

Family law declarations

The Committee’s strong recommendation is that solicitors acting for purchasers and mortgagees should:

• Continue to obtain family law declarations in the recommended format, as before, and
• Continue to lodge them with the PRA as a necessary part of title registration, and
• If the PRA decides to return them as not being necessary for registration, keep them with the rest of the client’s title documentation relating to the property (or, if there is a loan involved, lodge them with the bank along with the rest of the client’s title deeds) so that they are passed on to new purchasers in due course.  

The Society’s standard Objections and Requisitions on Title will continue to raise requisitions on title in relation to the Family Home Protection Act 1976, the Family Law Act 1995 and the Family Law (Divorce) Act 1996, as certain family law issues continue to be a matter of title and title registration, and will continue to seek these family law declarations as corroborating evidence of the veracity of the replies provided by vendors.

June 2019 update

It is confirmed that this practice note also applies to the shared home and that the 2019 Requisitions on Title have taken account of the shared home and the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.