Land registration

View Property by content type:

Practice notes

Precedents

Q&As

News

Latest Property News

Supreme Court decides on COVID-19 business interruption coverage—what does this mean for real estate?

The following Property Disputes news provides comprehensive and up to date legal information on Supreme Court decides on COVID-19 business interruption coverage—what does this mean for real estate?

PizzaExpress—Part 26A restructuring plan sanction hearing

The following Banking & Finance news provides comprehensive and up to date legal information on PizzaExpress—Part 26A restructuring plan sanction hearing

Corporate Insolvency and Governance Bill—a view from the restructuring and insolvency profession

The following Banking & Finance news provides comprehensive and up to date legal information on Corporate Insolvency and Governance Bill—a view from the restructuring and insolvency profession

The practice of filing a notice of intention (JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd)

The following Banking & Finance news provides comprehensive and up to date legal information on The practice of filing a notice of intention (JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd)

Featured Property content

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly...

Constructive trusts

Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes...

Title guarantee and covenants for title

On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title...

Resulting trusts

Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive...

Practice notes

Authorised guarantee agreements

What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...

9th Nov

Practice notes

Equitable mortgages and equitable charges—general principles and registered land

Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...

9th Nov

Practice notes

Benevolent funds

A benevolent fund is an institution, including a body of trustees, which holds funds on trust for the purpose of relieving poverty amongst a defined...

9th Nov

Practice notes

Rent deposit deeds—common structures

What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...

9th Nov

Practice notes

Headline rents

What is a headline rent?In a falling market, landlords frequently offer tenants financial inducements to take a lease in order to maintain the level...

9th Nov

Practice notes

Derogation from grant and the covenant for quiet enjoyment

The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...

9th Nov

Precedents

Specific clauses for transfers—indemnity covenant

Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...

9th Nov

Practice notes

Implied easements—common law

There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...

9th Nov

Precedents

Deed of grant of easements

This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...

9th Nov

Practice notes

Fixtures and fittings

When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...

9th Nov

Precedents

Grant of a right for overhanging eaves

1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of...

9th Nov

Practice notes

Contract races

The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...

9th Nov

In-house

Practice notes

What is a good and marketable title?

A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...

9th Nov

Precedents

Deed of release of covenants

This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...

9th Nov

Practice notes

Differences—joint insured and noting

Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...

9th Nov

Practice notes

Double funding

Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...

9th Nov

Most recent Land registration content

Practice notes

Land registration—restrictions

A restriction can be entered in the register and indicates that the proprietor's powers of disposition are fettered in some way. Its effect is to...

25th Jan

Q&As

A judgment creditor has a charging order over a property that was protected by a unilateral notice. A mortgagee in possession has sold the property and the Land Registry has served a B160 notice of an application for registration of a transfer made under a power of sale. What are the mortgagee in possession’s duties in relation to other creditors of registered entries on the title when it enters into possession and exercises its power of sale?

A mortgagee in possession has the power pursuant to sections 101 and 103 of the Law of Property Act 1925 (LPA 1925) to sell a property, ordinarily...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

Is there any authority that says that, where there is a lease of more than seven years that it must be registered before a break notice can be exercised in circumstances where the lease does not contain that as a pre-condition? Alternatively, if there is such a pre-condition but the landlord has failed to answer any requisitions raised by HM Land Registry and thus prevented registration, can it object to the service of the break notice?

Section 27 of the Land Registration Act 2002 (LRA 2002) provides that, if a disposition of a registered estate is required to be completed by...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

Where a lease granted for a term of 10 years is not registered at HM Land Registry, does this create an equitable tenancy? If so, does this tenancy attract security of tenure under the Landlord and Tenant Act 1954?

Since 13 October 2003, subject to certain exceptions, it has become compulsory to register the grant of a lease for a term of seven years or more out...

22nd Jan

Q&As

When drafting a transfer of part of land within a Leasehold Reform Act 1967 enfranchisement claim, is the Landlord obliged to grant full title guarantee to the tenant?

Under section 1 of the Leasehold Reform Act 1967 (LRA 1967), a tenant of a long leasehold house and any associated premises (eg a garden, garage, yard...

22nd Jan

Q&As

When applying for a vacating court order to remove a historical charge against a property, is a normal application on Form N245 required or is it necessary to make a claim on Form N1 (under CPR Part 7) or a claim under CPR Part 8?

The Land Registry Practice Guide 63: Land Charges—applications for registration, official search, office copy and cancellation, outlines the procedure...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 22nd Jan

Q&As

Where a freehold is vested in X and Y, can X and Y grant a lease to X, Y and Z?

Section 82(1) of the Law of Property Act 1925 (LPA 1925) does not allow a person to covenant with himself but only with himself and others. As to the...

22nd Jan

Q&As

My client has acquired title to a lease of a property. He already owns the freehold and wants the lease to merge. What should I do?

Where a leasehold estate and reversionary estate, come into the same ownership, the lease merges into the reversionary estate and so terminates. There...

22nd Jan

Q&As

An incorrect garage plan has been annexed to the registered Lease and needs to be swapped for another garage plan, therefore I will need to arrange for two Supplemental Leases. Do I need to surrender the lease plans for each flat prior to preparing a Supplemental Lease? Also, what is the modification wording in this scenario? Do I refer to the original lease in the rights granted, reserved schedules of the Supplemental Lease?

The grant of a lease creates a legal in a specific parcel of land for a defined term. Generally, neither the land comprised in the lease nor the...

Produced in partnership with Desmond Kilcoyne 22nd Jan

Q&As

If a notice has been entered on the register of a property in relation to an equitable charge created by an interim charging order (no restriction has been entered), can the registered proprietor register a subsequent legal charge over the property? Will the subsequent legal charge have priority over the equitable charge created by the interim charging order?

In response to this Q&A, we have assumed that the registered proprietor is the sole owner of the property, there has not been a transfer of the...

22nd Jan

Q&As

Can a charging order which is registered against the beneficial interest of a proprietor, who has since died and been removed from the title, be discharged by application of the remaining proprietor? Do the powers contained in section 114(4) of the Land Registration Rules 2003 apply as it seems unlikely the charge holder would agree to discharge the entry. If so, how is such an application made?

Where a judgment creditor wishes to secure the debt owed to them against property owned by the judgment debtor, they may do so by bringing an...

22nd Jan

Q&As

Can the owners of a property fronting an unadopted road (which they enjoy a right of way over) force an adjoining landowner to contribute to a proportion of the cost of repair and/or of bringing the road up to an adopted standard, if the council decided to adopt it, if there is a positive covenant to repair which is backed up by an indemnity covenant in the title?

Case studyThe landowner with the burden of the positive covenant to maintain/repair has no requirement or ability to use the unadopted road and access...

Produced in partnership with David Sharpe of 12 King's Bench Walk Chambers 22nd Jan

Q&As

X has lived in a property for 20 years on land owned by X’s father, having renovated it extensively. X’s father has now passed away and there is no provision in the will regarding the distribution of land and property being occupied by X. How should X register the land he has occupied at HM Land Registry to ensure the land is not sold by executors without X’s knowledge? The land is registered.

The Land Registration Act 2002The Land Registration Act 2002 (LRA 2002) was introduced in response to the Law Commission and HM Land Registry report,...

Produced in partnership with David Sharpe of 12 King's Bench Walk Chambers 22nd Jan

Q&As

The freeholder, X, of a four-storey commercial building grants four separate leases to Y (one lease of each floor). X then grants a single lease of the whole building to Y, and that lease is subject to the four earlier leases. Will the leases merge automatically and how will X's ability to re-enter be affected?

In the present scenario, Y had already been granted four separate leases of different parts of the building. It is assumed that the demised premises...

22nd Jan

Q&As

Will a landowner with possessory title to land be considered to have a sufficient interest in the land to enter into agreements under section 106 of the Town and Country Planning Act 1990, and sections 38 and 278 of the Highways Act 1980 as the landowner? Will a landowner with possessory title to land be considered to have a sufficient interest in the land to enter into gas, electricity and telecoms wayleaves?

Possessory title is granted where the land owner claims to have acquired the land by adverse possession or where they cannot produce documentary...

22nd Jan

Q&As

Where an easement is granted and registered over both the dominant and servient freehold titles but the servient land was subject to an unregistered lease at the time of the grant of the easement, does this invalidate the use of the easement by the dominant owner?

If a registrable disposition of a registered estate is made for valuable consideration, completion of the disposition by registration has the effect...

22nd Jan

Q&As

Is a new subsequent re-mortgage of freehold property caught by a ‘disposition’ in a registered restriction that affects the land?

A restriction is a form of entry which places limitations on the land owner’s powers over the land. Restrictions are primarily used to protect the...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 22nd Jan

Q&As

Can a prescriptive easement be registered against unregistered burdened land as a caution against first registration where the freeholder is unknown and title to the land cannot be deduced?

We refer you to the Land Registry’s Practice guide 3: Cautions against first registration at paragraph 2. It is possible to register a caution to...

22nd Jan

Q&As

Is it possible to split or partition a title at HM Land Registry without entering into a transfer? It is not proposed that there will be any change of ownership.

Under Part 1, Rule 3(3) of the Land Registration Rules 2003 (LRR 2003), SI 2003/1417 the registrar has power to divide a title in the circumstances...

22nd Jan

Q&As

Does a lease, where the freehold title is subject to an HM Land Registry restriction requiring consent of the chargee for a disposition, require the same consent and compliance with the restriction for an extension of the term pursuant to enfranchisement legislation?

As set out in Practice Note: The right to an extended lease—flats:'….the right is expressed as the tenant being granted an extended lease, the actual...

22nd Jan