Q&As

A legal lease of a parking space was granted in 2004, but was not registered by the solicitors who were then acting. Does the lease have to be registered now before it can be assigned to a new buyer?

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Published on LexisPSL on 12/01/2021

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A legal lease of a parking space was granted in 2004, but was not registered by the solicitors who were then acting. Does the lease have to be registered now before it can be assigned to a new buyer?

For the purposes of this Q&A, the lease of the parking space is for a term of more than seven years when granted in 2004.

Section 4 of the Land Registration Act 2002 (LRA 2002), sets out when it is compulsory for land to be registered. The various circumstances which are set out in LRA 2002, s 4(1) and which trigger the compulsory registration of land include the following:

‘…(c) the grant out of a qualifying estate of an estate in land—

(i) for a term of years absolute of more than seven years from the date of the grant, and

(ii) for valuable or other consideration, by way of gift or in pursuance of an order of any court;…’

LRA 2002, s 6 provides that:

‘…(1) If the requirement of registration applies, the responsible estate owner, or his successor in title

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