Land Registry update on registrable dispositions

 The Land Registry has amended Practice Guide 26: leases—determination (PG 26) to clarify that a separate application may be needed to register any registrable disposition where enlargement of a lease is not possible.

Summary

PG 26 explains the various ways in which a leasehold estate in land may come to an end. It further explains how such a determination can affect either a registered title or a title that is the subject of first registration. Leases can end in many ways, including by:

• cancellation of notice of an unregistered lease from a registered reversionary title

• determination of a registered lease into a reversionary estate

• merger of the lease

Update

Section 12.1 of PG 26 discusses determination on enlargement of the lease. Enlargement is essentially the process whereby a tenant converts the leasehold into a freehold. To enlarge a lease, several requirements must be satisfied, including that:

• the unexpired residue of the term of the lease must have at least 200 years left to run

• the original term must have been for at least 300 years

• there must be no trust or right of redemption in favour of the freeholder or other reversioner

The update to this section clarifies that a separate application may be needed to register any registrable disposition where enlargement of a lease is not possible.

Source: Guidance: Practice Guide 26—Leases—Determination—PG26 updated January 2016

Further reading: see our Practice Note: Enlargement of Long Terms (available to LexisPSL Property subscribers or with a free trial).

 

Filed Under: Property

Relevant Articles
Area of Interest