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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
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).
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