Q&As

Is there a definition of 'disposition' in the Land Registration Rules 2003? If not, what is the definition that should be applied in relation to these rules?

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Published on: 17 June 2016
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Although each uses it quite freely, neither the rules nor the Act which they amplify (the Land Registration Act 2002 (LRA 2002)) contains a definition of the word 'disposition'. This is unlike, for example, section 2(6) of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) which adopts the definition in section 205(ii) of the Law of Property Act 1925 (LPA 1925) namely that it 'includes a conveyance and also a devise, bequest, or an appointment of property contained in a will.' It is immediately apparent from the use of the word 'includes' that the list which follows it gives examples rather than stands as an exhaustive definition.

Even though both deal with the subject of land, one cannot apply the definition of a word in one Act to another. If Parliament intended to do so, it could have included it in the extensive collection of definitions in LRA 2002, s 132.

The absence

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