Proprietorship Register

What does the propreitorship register show?

The owner’s name and address, the class of title and entries affecting ownership

Why is the class of title important?

Because the Land Registry guarantees titles with compensation, and lenders may refuse inferior classes.

What is the best and most common class of title?

Title Absolute (for freehold or leasehold).

What does Title Absolute mean?

The proprietor has satisfied the Land Registry that they are the true and proper owner.

What is a Qualified Title?

Granted where there is a specific defect in title (e.g. missing deed containing covenants/easements).

What is a Possessory Title?

Granted when the proprietor shows physical possession but lacks title deeds or claims through adverse possession.

What is a Good Leasehold Title?

Leasehold title where the landlord’s ownership cannot be proved at the time. It can often be upgraded if the landlord’s title is later registered.

What should a buyer’s solicitot do if the title is NOT absolute 

Report to the client and explain risks; Check lender’s requirements; Consider title indemnity insurance and Consider upgrading to absolute title if possible 

Who can be the registered proprietor?

An individual, a company, an LLP, or any combination (up to four persons).

 What details appear for an individual proprietor?

Full name and service address

What details appear for a company proprietor?

Company name, number, and registered office address (to be checked against Companies House).

What details appear for an LLP proprietor?

 LLP name, number, and registered office address (to be checked against Companies House).

How many co-owners can be registered?

Up to four (individuals, LLPs or Companies)

What additional matters may appear on the proprietorship register?

Price paid or stated value (if acquired after 1 April 2000); Indemnity covenants (to obsreve positive covenants); Restrictions on the propreitor’s right to dispose of the property.

If the legal owner died 

the executor of their estate may sell the property before being registered as proprietor 

Easements

A legal right one landowner has over another person’s land

Typically benefits one piece of land (the dominant tenement) and burdens another (the servient tenement)

Examples of easements

right of way, right of light, right to use drains or pipes running under adjoining land

Abut

to touch, to border, or be directly to another piece of property

Covenants 

a promise made in a deed relating to land use; can be positive or restrictive