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GLOSSARY

Unregistered land definition

Published by a LexisNexis Property expert

What does Unregistered land mean?

Land in respect of which there is no entry on the Register of Title.

Title to unregistered land is proved by title deeds and long possession. The rules of land registration do not apply to unregistered land. A conveyance of unregistered land will trigger compulsory first registration.

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Ireland—Surrender of lease—acting for the landlord—checklist

Ireland—Surrender of lease—acting for the landlord—checklist This Checklist sets out some of the key steps and issues that the landlord should consider when contemplating taking a surrender of a lease from its tenant. It is not exhaustive and you must always consider whether there are any other issues that need to be addressed in your particular circumstances. The Checklist assumes that: • the surrender is express and not by operation of law, and • there will be no re-grant in favour of the tenant immediately following the surrender This checklist can be read in conjunction with: Ireland—Surrender of lease—acting for the tenant—checklist. How to use this Checklist While the mechanics of a surrender of a lease are similar to a sale and purchase (because the tenant is selling and the landlord is buying), there are some differences. The first section (Key considerations) in this Checklist sets out key issues to consider with further detail in the table in Procedure when dealing with the surrender of a lease below. The table...

Pre-completion searches—checklist

Pre-completion searches—checklist This Checklist sets out the pre-completion searches that a buyer, tenant or mortgagee should make, when the searches are necessary, timing requirements and the priority periods given by each search. It is not an exhaustive list and additional searches may be required depending on the nature of the transaction. For details of how to make each search and how to deal with any adverse entries revealed, see Practice Note: Pre-completion searches. Search When is it necessary? Timing Priority period Official search with priority Use form OS1 for an official search with priority of the whole of a registered title and form OS2 for an official search with priority of part of a registered title On a registrable disposition of a registered estate (or estate pending first registration) for valuable consideration At least five working days before completion 30 working days provided:• the search is made correctly• the disposition is completed and the application to register the disposition is entered on the day list before the...

Discover our 17 Checklists on Unregistered land

Land charges under the Land Charges Act 1972—registration and purpose

The Land Charges Act 1972 (LCA 1972) provides for certain charges and incumbrances relating to unregistered land to be registered as land charges in the land charges register maintained by the Land Charges Department of HM Land Registry (based at its office in Plymouth). This is an entirely separate register to that for substantive title registration.Land charges protect the interests, in unregistered land, of third parties who do not hold the title deeds to the land and so cannot control when and how the land is disposed of.LCA 1972 also requires HM Land Registry, in addition to the register of land charges, to maintain the following registers:•pending land actions and pending actions in bankruptcy•writs and orders affecting land and writs and orders in bankruptcyThe registers of pending land actions and pending actions in bankruptcy and writs and orders affecting land and writs and orders in bankruptcy can be searched separately when a bankruptcy only search is required (for example, prior to completing a mortgage over land). See Practice Note: Carrying...

Tacking further advances to existing security

Tacking further advances to existing security Creating effective security is the first step in improving a creditor's position. Once that is done, it is then necessary to ensure that the security will take priority over competing security interests in the same asset. The rules governing priority of security interests are generally discussed in Practice Note: Priority between security interests. There are additional potential pitfalls relating to priority which a secured creditor needs to be aware of if it intends to make further advances (ie further loans) to the borrower under a loan agreement. In commercial transactions, further advances are very common in the context of term loan facilities which permit multiple drawdowns and revolving credit facilities (see Practice Note: Overdrafts, term loans and revolving credit facilities). This Practice Note looks at what is meant by 'tacking', before looking in detail at the relevant rules and the impact on priority. It also looks at practical steps that can be taken to protect the priority position of a...

Discover our 78 Practice Notes on Unregistered land

Ireland—Deed of assignment and conveyance—unregistered—freehold and leasehold

Ireland—Deed of assignment and conveyance—unregistered—freehold and leasehold Commencement Section 64(2)(a) of the Land and Conveyancing Law Reform Act 2009 (Ireland) (LCLRA 2009 (IRL)), provides that one of the criteria for establishing if a document is a deed is whether the document is described at its head with the appropriate wording such as ‘Conveyance’, ‘Assignment’, ‘Indenture’, ‘Deed’, etc. Date While it is usual practice to date a deed on the date of completion a deed actually takes effect on the date of its delivery. The concept of delivery means that it is possible for a deed to be valid even if it has not been dated. If a deed is not dated, external evidence is admissible to prove the correct date from which it was intended to operate. Where a date is inserted, it is presumed that this date is the date on which the deed took effect. However, this presumption may be rebutted by evidence to the contrary. See: Browne v Burton (1847) 17 LJQB 49 (not reported by Lexis+® UK). It is good...

Transfer for sale by administrator

Transfer for sale by administrator Precedent Transfer An adaptable Word version of the precedent form TR1 can be downloaded, saved or printed from the link on this page. Drafting notes to precedent transfer General The references to 'Panels' in these drafting notes are to the panels in HM Land Registry form TR1. The TR1 is the form of transfer of the whole of freehold or leasehold land prescribed by the Land Registration Rules 2003. Form TR1 may also be used for transfers of the whole of unregistered land if the disposition will attract compulsory registration or if the transferee is certain that a voluntary application for registration will be made. It is sometimes requested that the administrator should give a receipt for the purchase price, but this is both unnecessary and inappropriate as administrator has express power to give receipts in the company's name. You should accordingly place a ‘X’ in the first box in Panel 8 of the transfer (Consideration) to acknowledge receipt of...

Dive into our 27 Precedents related to Unregistered land

Land is being purchased (dominant tenement) which is accessed via a right of way contained in a 1961 conveyance that is registered as benefitting the title to the dominant tenement. However, the title of the land over which the access runs (servient tenement) does not refer to the right of way granted in the 1961 conveyance. It is believed the servient tenement was registered in 1995. Should we request that an application is made to note the right of way on the servient tenement title and what is the risk of not doing so?

Land is being purchased (dominant tenement) which is accessed via a right of way contained in a 1961 conveyance that is registered as benefitting the title to the dominant tenement. However, the title of the land over which the access runs (servient tenement) does not refer to the right of way granted in the 1961 conveyance. It is believed the servient tenement was registered in 1995. Should we request that an application is made to note the right of way on the servient tenement title and what is the risk of not doing so? This Q&A assumes that: • the right of way is a legal easement • the 1961 conveyance conveyed the dominant tenement (so that it did not trigger compulsory first registration of the servient tenement) • the dominant tenement was registered following the 1961 conveyance • the person who would make the application referred to is the current legal owner of the dominant tenement Registration of an easement Under the Land Registration Act 1925...

If a purchaser of unregistered land fails to apply for registration at HM Land Registry within two months of completion, does it have title to grant new leases, and if so will they only exist in equity? Should the seller join in the grant of any new lease?

If a purchaser of unregistered land fails to apply for registration at HM Land Registry within two months of completion, does it have title to grant new leases, and if so will they only exist in equity? Should the seller join in the grant of any new lease? The Land Registration Act 2002 (LRA 2002) made sweeping reforms to the system of land registration in England and Wales. LRA 2002, s 2 provides for registration of various interests including estates in land. The Land Registration regime applies to legal estates in land only; the register is not concerned with beneficial interests. LRA 2002, s 4 specifies the events that trigger compulsory registration of land that has previously been unregistered. Registration is compulsory on the transfer of an unregistered freehold estate in land for valuable or other consideration and for transfers of unregistered leasehold estates in land with more than seven years to run at the time of the transfer, and grants of new leasehold estates for...

See the 128 Q&As about Unregistered land

Private Client weekly highlights—29 May 2025

This week’s edition of Private Client highlights includes: (1) the necessity of a DOLs order where all parties with parental responsibility consent (J (through his Children's Guardian) v Bath and North East Somerset Council); (2) the OPG updates Mental Capacity Act 2005 guidance with new contact details; (3) the FTT cautions on time-wasting use of AI while upholding an HMRC discovery assessment (Zzaman v HMRC); (4) a decision on the suitability of summary judgment for a claim concerning the imposition of a secret trust (Lorenz v Caruana); (5) the FTT upholds a transfer of assets abroad charge in respect of receipt of rent-free accommodation (Moran v HMRC); (6) the Master of the Rolls delivers a speech on AI and Article 6 ECHR; and (7) a free webinar: Court of Protection update.

Property Disputes weekly highlights—22 May 2025

This week's edition of Property Disputes weekly highlights includes: Supreme Court decisions on the Building Safety Act 2022 and wild camping rights, a Court of Appeal judgment on discharge of restrictive covenants, Upper Tribunal decisions on rectification of the register and admitting fresh evidence in a rent repayment order appeal, and High Court decisions concerning a rate mitigation scheme, the debt respite regulations, and proprietary injunctions. It also includes the minutes of the Online Procedure Rule Committee meetings of 17 March 2025 and 14 April 2025, minutes of the Civil Procedure Rule Committee meeting of 4 April 2025 and key developments on the Renters’ Rights Bill and the Welsh Government’s legislative programme for the final year of the Senedd term, including the Building Safety Bill.

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