Its main objective is to provide a complete and accurate reflection of the ownership of land. It has also been suggested that it should be possible to investigate this ownership online, keeping enquiries and inspections to a minimum.
Voluntary registration Section 3: When title may be registered This section makes provision for the voluntary first registration of title.
Subsection 1 specifies the legal estates that may be registered. Subsection 2 continues the existing law, stipulating who is entitled to apply to be registered as the first registered proprietor.
The first entitlement belongs to the legal owners of the land.
The Land Registration Act has been received with much critical acclaim, and rightly so. It is a work of monumental importance and monumental effort. Law Commission Report No was itself the last in a long series of Reports discussing, proposing, rejecting and recommending changes to the fundamentals of the land registration system. Overriding interests affect registered land. They are a statutory creation, initially under the Land Registration Act , which was replaced by the Land Registration Act , supported by the Land Registration Rules (SI /).Overriding interests are not protected on the land register, but bind a party who acquires an interest in the land. Land registration in England and Wales is governed by the Land Registration Act (which we refer to as the “LRA ”). The LRA was a major reform of the.
The second group comprises people who are entitled to have the legal estate vested in them but where, for example, the title is currently vested in a nominee on their behalf. Subsection 6 provides that a person may not apply to be registered if he or she is a person who has contracted to buy land.
That is because the contract will be completed by a conveyance, and that conveyance will be subject to compulsory registration under section 4 fees for voluntary first registration are likely to be lower than those for compulsory first registration.
Subsection 3 changes the existing law. Currently, only leases with more than 21 years to run may be registered voluntarily.
This is reduced to more than seven years, in furtherance of the objective that all title to land in England and Wales should be registered.
Subsection 4 provides that leases with seven years or less to run may, however, be registered if the right to possession is discontinuous. Such leases are not very common, but are sometimes used for time-share arrangements.
Subsection 7 makes provision for a situation in which a person holds land under one lease, but has been granted another to take effect on or shortly after the first expires. If, taken together, the terms exceed seven years, the lease will be registrable.
Subsection 5 provides that a mortgage term created by demise or sub-demise is not registrable when there is a subsisting right of redemption. Compulsory registration Section 4: When title must be registered Section 4 sets out the events that trigger the compulsory first registration of title.
These were updated and extended by the Land Registration Actand the Act therefore largely replicates the existing position. First, compulsory registration is triggered by specified types of transfer of a qualifying estate, which is defined as either a legal freehold estate, or a legal lease with more than seven years to run.
The transfers are those made: Undersubsection 4 compulsory registration will not apply to transfers involving: Registration will be compulsory where section A of the Housing Act applies i. Compulsory registration will also apply to the grant of leases out of freehold land or a leasehold, with more than seven years to run, where the lease is granted for valuable or other consideration, by way of a gift, or under a court order, apart from the exceptions in the section.
Compulsory registration will also apply where a lease is granted to take effect more than three months after it is granted.
This provision is new, and is designed to avoid a conveyancing trap that such reversionary leases may create. A buyer of land so affected may not be able to discover the existence of the lease, because the tenant will not be in possession.
Grants of a lease out of an unregistered legal estate under the right to buy provisions of Part 5 of the Housing Act will also be subject to compulsory registration replicating the present law. Compulsory registration will also apply to the creation of a protected first legal mortgage i.
Power to extend section 4 This section enables the Lord Chancellor to add new events to those that trigger compulsory registration, by statutory instrument to be laid before Parliament.
There is a similar power under the present law, although the new one is exercisable only after consultation. To be added, events must relate to unregistered estates specified in the section, which correspond to those listed as capable of registration with their own titles under section 3.
Under subsection 3the power may not be exercised to require the compulsory registration of an estate granted to a mortgagee, because no benefit would be derived from requiring a charge over land to be registered, if the title to the estate affected remained unregistered.Published: Tue, 19 Sep A registration scheme far more comprehensive than land charges is found today in the Land Registration Act The principle significance of this is that the register tells the purchaser who owns the legal estate.
Land Registration Act is up to date with all changes known to be in force on or before 09 November There are changes that may be brought into force at a future date. Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial.
Land Registration Act Introduction. The core aim of the Land Registration Act (LRA) is “to ensure that ownership of land in England and Wales takes the form of ‘title by registration’, rather than ‘registration of title’." The impact of the Act on adverse possession.
Arguably, the .
Land Registration Act - Effects The Land Registration Act came in to force on October 13 th Its main objective is to provide a complete and accurate reflection of the ownership of land.
The Land Registration Act is an Act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act , which governed an earlier, though similar, regardbouddhiste.com Act, together with the Land Registration Rules, regulates the role and practice of HM Land Registry.
The Land Registration Act , as amplified by the Land Registration Rules , comes into force on 13 October This will bring about the biggest change in English and Welsh land law since