The Act addresses the following issues in relation to Crown land: registration of title to Crown land that is held by the monarch in demesne; representation in relation to Crown and Duchy land; and. The following is a summary of the contents of the Act: This section continues the requirement for a register of title to be kept, under the responsibility of the Chief Land Registrar. This residual power follows in the foot steps of section 144 (1) (xxxi) of the Land Registration Act 1925. If any of those notified oppose the application it will be rejected, unless the adverse possessor can bring him or herself within one or more of three conditions. Coal rights were excepted from registration because of the difficulty in registering them given their extent and complexity. 46.Section 13 empowers the Lord Chancellor to make rules in relation to the registration of dependent legal estates. Rules may require that a user use the system for the transactions for which he is authorised to use it. 63.An explanation of the categories of lease which are registrable under subsection (2)(b) is to be found in paragraphs 30 to 32. [2], The Falkland Islands registry holds copies of all Crown Grants from 1844.[3]. Landholding certificate is the prima facie evidence of the truth of the matters contained in the land records. This includes dispositions by operation of law, but with some limited exceptions. In most respects, the registration of a leaseholder with absolute title has the same effect as registration of a freeholder with absolute title. At present such leases: would not trigger first registration; would not be registrable dispositions but would take effect as if they were; would be incapable of substantive registration; and their priority would be protected on first registration or on a registered disposition, without being on the register. These statutory charges when they arise are often given priority to existing charges by the legislation under which they take effect, and will take priority over further advances made by existing chargees even though details of the statutory charge do not appear in the register. Those records can be supplied to the public on application, details of which will be covered by rules. These explanatory notes relate to the Land Registration Act 2002 which received Royal Assent on 26 February 2002. This section requires the registrar for the first time to keep a register of cautions against first registration. The chain manager will not have any direct coercive powers but will be able to identify the link in the chain that is causing delay and will then be able to encourage that party to proceed with due despatch. The adjudicator will continue in office until the term of the appointment ends. When an application for registration is successful, in the case of a squatter in respect of a registered freehold, he or she is registered as proprietor of a new freehold title and the existing freehold title is closed insofar as it relates to the land squatted upon. A then abandons the land and B resumes possession of it. Rules made under this provision are meant to cover the situation where, on or subsequent to first registration, a registered proprietor has, or is granted, the benefit of a legal estate, such as an easement or a profit prendre, over unregistered land. Initially registration was voluntary. The entry is to be made against the registered estate or registered charge that is said to be burdened. C could therefore, in exercise of his paramount powers as mortgagee, sell the land free from Bs right of pre-emption. The notes below only deal with the extent to which to the interests listed in Schedule 3 differ in nature from those that bind on a first registration. The reason for it is that cautions against first registration are not intended to provide a substitute for first registration. Subsection (1) specifies the legal estates that may be registered. PPP leases are to be treated as if they had been included in Schedule 1. It is therefore not open to it to register this land (since only estates are registrable). Otherwise it could be argued that no loss had been suffered as legal title did not pass to him as a result of the forged document. The Act contains a range of other provisions which increase the extent to which the register gives a complete and accurate reflection of the state of title. It can arise in a number of ways, such as on grant or by custom. Schedule 1 lists the interests which are overriding on first registration and are therefore binding on the proprietor even though there is no entry in the register (see sections 11(4) and 12(4)). They can be very difficult to discover and can be exceptionally onerous. The section specifically provides that a document varying the priority order of registered charges is included within the dispositions of registered charges covered by the section. As under the current law, that will not include a nominal consideration in money, where the general rule of priority applies. Where a person is first registered as proprietor of a freehold estate, subsection (3) provides that the legal estate is vested in him or her together with all interests subsisting for the benefit of the estate. In particular, these additional rules will cover the adjudicators ability to determine (or give directions about the determination of) applications to which the reference related, and such other present or future applications as the rules provide. These sections create three new offences, which replace those offences. The substitutions of paragraphs 4 and 5(2) of Schedule 9A to the 1985 Act are intended to have the effect of replacing the existing provisions with similar but clearer provisions. Escheat: this occurs where a freehold estate determines and the land falls back to the Crown as the ultimate owner of land, most commonly where the freehold is disclaimed in cases that involve insolvency for example, where the liquidator of a company disclaims a freehold owned by that company. 2.The notes need to be read in conjunction with the Act. Grants of a lease out of an unregistered legal estate under the right to buy provisions of Part 5 of the Housing Act 1985 will also be subject to compulsory registration (replicating the present law). Registration will be compulsory where section 171A of the Housing Act 1985 applies (i.e. A squatter will be able to apply to be registered as proprietor after ten years adverse possession. The current legislation does not clearly establish that a person can rely upon the register to say whether there are any limitations on the powers of a registered proprietor, and safely act in reliance upon it. The position of those easements was therefore improved on first registration of title and this situation will not continue under the Act. 277.Paragraphs 5 and 6 Paragraph 5 continues the effect of the existing legislation which allows documents sealed with the Land Registry seal to be admissible in evidence without further proof. Paragraph 8 has been included to avoid the need for the exchange of paper-based authorities before contracts can be concluded electronically. The index must also show if there is a caution against first registration of unregistered land. It was created in 1862 to officially record the ownership of property and land in England and Wales. 135.The type of requirement that is being disapplied by this section is that which provides that a transfer of registered land by the Duchy of Cornwall needs to be enrolled in the Duchy office within six months after it is made to be valid and effectual against the Duke of Cornwall. Prior to COVID-19, both were freely accessible to the public and did not require an appointment to visit, but now do. Restrictions regulate the circumstances in which a disposition of a registered estate or charge may be the subject of an entry in the register. Although one or two areas of souvenir land have been designated, the Land Registry has found a more effective way of dealing with the plots within the land registration system. This section gives the registrar power to enter a notice in respect of an interest that is an interest of the kind mentioned in Schedule 1, provided that it is not excluded by section 33 above. 212.Paragraph 3 has the effect that a legal easement or profit prendre overrides first registration. The provisions of this Schedule bear no relation to the existing provisions in the Land Registration Act 1925. Examples of demesne lands of the Crown are: most foreshore, land which has escheated to it and its ancient lands which have never been granted as a freehold estate. It is likely that the rules will provide for the payment of interest from the date of a mistake where the maximum sum recovered in respect of the loss of an estate, interest or charge is taken to be its value at the date when the mistake was made (see paragraph 6). If the registration is of the ownership of a charge, then the entry should be made in relation to the registered estate which is subject to the charge. If a squatter does establish this defence in such proceedings, the court must order the registrar to register him or her as proprietor of the estate to which his entitlement relates (paragraph 18(3)). Section 71 provides that a person applying for first registration of title or to register a dealing with registered land must disclose such details of known interests falling within the appropriate Schedule as are specified in rules. This section states the unlimited powers of an owner. The Act therefore provides for the Lord Chancellor to regulate by rules transactions that can be carried out electronically. That entitlement will be a proprietary right. 257.The third condition (reasonable mistake as to the boundary) would cover cases such as: Where the boundaries as they appear on the ground and as they are according to the register do not coincide, for example, because when the estate was laid out the dividing fences or walls were erected in the wrong place and not in accordance with the plan lodged at the Land Registry. Unlike the current rule, this is an absolute one, subject only to the exceptions provided for by the Act. Again this section replicates this procedure but because the Act prospectively abolishes inhibitions, the registrar is required to protect a bankruptcy order by the entry of a restriction. It is concerned primarily with the protection of third party rights over or in relation to a registered estate or charge. The section also applies to a registered sub-sub-charge in which case the sub-sub-chargee has not only the powers of the principal chargee in relation to the property subject to the principal charge (i.e. 103.Section 56 is concerned with the identity of the persons entitled to give a valid receipt for the money secured by a charge which is registered in the names of one or more proprietors following the death of one or more of the proprietors. This section of the Act corrects that. Instead, registration became compulsory from geographical area to area over time culminating in the whole country having to register land at the registry by 1990. Overriding status is also continued for interests and rights in coal. The rules may specify terms for the regulation of the use of the network. Some of the interests are common to both categories. The section contains a power to prescribe which dispositions of registered estates and charges are caught by the requirement. Section 64(1) is (along with the remainder of the 1925 Act) repealed by Schedule 13 to the Act and the circumstances when land certificates are to be produced to the registrar are left to rules under the Act. Almost all freehold titles are, in practice, absolute. Because different considerations apply to the storage of electronic documentation from those applied to paper documents. 72.Under the current law, valuable consideration does include a transfer of land in consideration of marriage. [6], A sale agreement on real estate is legally binding even without registration in the land register, the only requirement being certification of the agreement by a notary. His or her proprietary rights will then have overriding status. an interest) in land. Lastly, if the proprietor of a registered estate or a charge acted in good faith but relied on a forged document, then he shall be treated as if he had suffered loss because the register was rectified so as to be entitled to indemnity. Secondly, the Act enables rules to be made providing for boundaries to be fixed when that is required, for example on the resolution of a boundary dispute or one over adverse possession. 300.Paragraph 20 will substitute references to the Act for references to the Land Registration Act 1925. A new subsection is added to exclude liability for any information that was entered in the register of title relating to that interest at the time of the disposition, the register of title being open to public inspection. Indeed, it is only ten years after Cs interest has fallen into possession that S can make such an application. When that happens, the title has to be removed from the register because the estate no longer exists. The legal estate reverts to the person transferring it (who then, however, holds it on a trust for the intended recipient). The trust is abolished by the repeal without replication of section 75 of the 1925 Act. For a lease of more than seven years, the register must show the person to whom the lease was granted (or any person who has acquired the estate from him) as proprietor of the lease. Apart from an estate, land may have the benefit of or be subject to other interests, which are rights and obligations relating to the land, belonging to the owner or to a third party. Access essential accompanying documents and information for this legislation item from this tab. 87.A restriction is simply a means of preventing some entry in the register except to the extent (if any) that it is permitted by the terms of the restriction. There is no binding contract because the agreement does not comply with the formal requirements for such a contract. Indemnity: payment to a person who has suffered loss in relation to the matters set out in paragraph 1 of Schedule 8, for example, where there is a mistake in a register. When an applicant seeks first registration of title, whether or not he is bound by an existing interest has already been determined under the principles of unregistered conveyancing. 42.Subsection (5) deals with the situation where the first registered proprietor is not entitled to the estate solely for his or her own benefit. They include unregistered interests listed in Schedule 1. 84.The section gives particular - but non-exhaustive - examples of the form that a restriction might take. 114.Section 67 provides that the official copy registers and other documents obtained under the right contained in section 66 are admissible in evidence to the same extent as the original document would be. That provision removes the necessity for the land certificate to be produced under section 64(1) of the Land Registration Act 1925 if a qualifying person applies for entry of a notice or restriction. 181.So, if on or after the coming into force of the Act the facts were as in the above example, the effect of this section would be that Bs right of pre-emption would have priority over Cs mortgage. 293.Paragraph 2 Section 44 of the Law of Property Act 1925 currently provides that under a contract for the grant of a lease, an intending lessee is not entitled to see the leasehold title out of which it is being granted (if any) or the title to the freehold of that land. In that case, the estate is vested in him or her subject to any registered charge. Initially registration was voluntary. Where an application under paragraph 1 is required to be dealt with under paragraph 5, and where the applicant claims that he or she is entitled to be registered as the new proprietor because the third of the conditions in that paragraph is met, paragraph 5(4)(d) provides a partial exception by requiring the land to have been registered more than a year before the application. 302.Paragraph 31 amends section 6 of the Law of Property (Miscellaneous Provisions) Act 1994. The membership of the Rule Committee is broadened to include a person nominated by the Council of Mortgage Lenders, and a person nominated by the Council of Licensed Conveyancers and an expert in consumer affairs. Some of the benefits of electronic conveyancing can only be maximised if it is used universally. a contract for sale or a restrictive covenant). The section can be applied to any document in electronic form which effects the disposition of a registered estate or charge, is a disposition of an interest which is noted in the register; or triggers first registration of title of unregistered land. Official searches undertaken in accordance with rules made under section 70 are normally priority searches undertaken by persons acquiring an interest for value. This requirement is imposed because title to unregistered land can normally be acquired after twelve years adverse possession while under the third condition title to registered land may be acquired after ten years adverse possession. Section 99 provides for the continuation of the Registry with the Chief Land Registrar, appointed by the Lord Chancellor, at its head. A squatter will be able to apply to be registered as proprietor after ten years adverse possession. Rules will cover when boundary fixing can occur, how it will be done and what procedures will be used. This will no longer be the case. 173.As at present with proceedings before the Solicitor, hearings before the adjudicator are to be held in public unless the adjudicator is satisfied that the exclusion of the public is just and reasonable. Additionally, the register relating to the adjoining title will be amended to show that the owner of that land has the benefit of the right of way contained in the deed of grant. Section 24(1)(b) and (2) of the Land Registration Act 1925 were repealed prospectively by the Landlord and Tenant (Covenants) Act 1995, but only in respect of new tenancies - in essence those granted after the Act was brought into force. Schedule 3 lists the interests which are binding on persons who acquire an interest in registered land notwithstanding that there is no entry in the register (see section 29(2)). In addition, the register relating to the landlords estate must contain a notice that the registered estate is now subject to the interest. 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. These leases will include underground railway lines, stations and other installations. It is necessary to make transitional provisions to accommodate the very substantial changes to the law relating to adverse possession and registered land that the Act will make, and to ensure that vested rights are preserved. Rules may deal with how the register is to be altered, about applications for alteration (including imposing a requirement for an application to be made) and the procedure to be adopted in making alterations (including whether or not an application is required). when did land registry become compulsory. Examples of demesne lands of the Crown are most foreshore, land which has escheated to it, and its ancient lands which have never been granted in fee. Thus if C knew of the trustees breach of trust when the transfer was made, she might be personally accountable in equity for the knowing receipt of trust property transferred in breach of trust. 208.Some of the interests are common to both categories. The provisions of the Act relating to restrictions will apply to restrictions and inhibitions entered under the Land Registration Act 1925 (Schedule 12, paragraph 2(2)). The cautioner will only be required to defend his or her caution when an application for first registration is made. In principle, all dispositions that create or transfer a legal estate by express grant should be subject to some form of registration, whether with their own titles or by the entry of some form of notice on the title which is subject to them. It is possible for a person in whose favour rectification is made to suffer loss as the alteration is not retrospective and losses may have occurred before rectification is effected. In the absence of a fee simple, Her Majesty cannot register demesne land, since only estates in land are registrable. Compulsory winding up: the liquidation of a company by order of the court. The principal legislation was provided by the Land Registration Act 1925, as amended by Land Registration Acts in 1936, 1986, 1988, and 1997, and by the Land Registration and Land Charges Act 1971. 53.This section requires the registrar for the first time to keep a register of cautions against first registration. This title plan shows the general position of the boundaries: it does not show the exact line of the boundaries. Where an application does not rely upon the third condition there is no minimum period during which the estate must have been registered all that is required is that the estate is registered when the application is made (paragraph 1(4)). If they had been included to avoid the need for the regulation of the truth of the of! 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