The Registered System

Property register

Title plan and address of the property, reveals the legal estate that it is registered under

Proprietorship register

Class of title (absolute title) as well as any other registered proprietors

Charges register

Contains all other third party rights registered against the land

Land Registration Act 2002, s27

legal estate remains with the seller until the buyer’s name is put on the register as the new owner of the land

Estates capable of registration

• All freehold estates, “substantive registration”

• LRA 2002, lease with less than seven years on it could not be registered with its own title but those over seven years can

s4(1) of the LRA 2002

Compulsory first registration:

• Qualifying estates: unregistered freehold estate and unregistered leasehold estate with more than seven years to run

• Assent: personal representatives transfer land to a beneficiary under a will

Legal leases

• Leases over seven years must be registered, does not automatically trigger the registration of the freehold reversion

• Equitable and shorter leases are not included, but they are protected as third party interests

Mortgages

Creation of a first legal mortgage triggers first registration of the estate mortgaged

The application

• Must be done within two months of completion of the transaction that triggered first registration, done at the relevant district Land Registry

• If not done, the transaction will be void with regard to the passing of the legal estate to the buyer

Land Registration Act 2002, s29

a purchaser for valuable consideration of a registered freehold title takes the legal estate subject to entries appearing on the register and unregistered interests which override that registered disposition

Land Registration Act 2002, s132

valuable consideration does not include marriage consideration or nominal money consideration

Registrable dispositions

• S27, creation of a legal mortgage, express creation of a legal easement and leasehold estate for more than seven years

• Previously under LRA 1925, only leases for a term over 21 years were registrable

Interests which affect a registered estate

These interests will not bind a purchaser unless they are the subject of a notice on the register (s32, LRA 2002) by the date of registration of the transfer to the purchaser (s29, LRA 2002)