Restructuring & Insolvency analysis: The court gave directions as to the distribution of the proceeds of sale following the disposal of a development by the administrators of a company. The court had to decide whether equitable liens arising from unregistered agreements for lease were binding upon a subsequent purchaser who knew of their existence. The court held that they were not. Written by Richard Moore, barrister at 23ES.

Registers of Scotland (RoS) Registers of Scotland (RoS) is the public body responsible for looking after a range of registers, most notably the Register of Sasines (Sasine Register) and the Land Register of Scotland (Land Register) which involve interests in land. It is headed up by the Keeper of the Registers of Scotland, see: Functions of the Keeper of the Registers of Scotland: Stair Memorial Encyclopaedia [17]. Sasine Register The Sasine Register was established in 1617 by the Registration Act 1617 and is a public record of deeds relating to land in Scotland. Its purpose was to provide protection to rights in land by allowing such rights to be publicly recorded. The register is administered on a regional basis with deeds relating to rights in property being registered in the appropriate county register. Indexes of property and individuals were established allowing a degree of searching to be carried out to identify specific deeds which had been recorded. In 1876 sasine search sheets were established. These identify the volume

Early completion refers to the policy adopted by HM Land Registry (with effect from 3 August 2009) when an application is made to discharge a registered charge of the whole of a registered title at the same time as other transactions but without form DS1 being supplied. In these circumstances, HM Land Registry will reject the application to discharge the registered charge on the grounds that it is substantially defective and will proceed to complete the other applications (assuming it is possible to do so). The most obvious situation where this occurs is where a buyer’s solicitor applies to discharge the seller’s mortgage, register the transfer of the property to the buyer and register the charge in favour of the buyer’s lender but submits the application before they have received a DS1 in respect of the seller’s mortgage. Early completion means that the transfer to the buyer and the buyer’s mortgage will be registered but the seller’s charge will remain on the register

This Practice Note looks at the circumstances in which the title register can be altered or rectified and when an indemnity may be claimed as a result of such alteration or rectification. The Land Registration Act 2002 (LRA 2002) makes provision for the alteration of the register on a number of grounds including: • correcting a mistake • bringing the register up to date, or • giving effect to any estate, right or interest excepted from the effect of registration Rectification is a particular kind of alteration of the register which involves the correction of a mistake and which prejudicially affects the title of a registered proprietor. A person is entitled to be indemnified by HM Land Registry if they suffer loss by reason of the rectification of the register. Alteration, rectification and indemnity are all considered in more detail below. Alteration Alteration of the register where the alteration does not amount to rectification is considered below. See also HM Land Registry Practice Guide 83: alteration. Alteration

This Practice Note covers the different classes of title which HM Land Registry can award, the circumstances in which each of the four titles (absolute, qualified, possessory or good leasehold) is awarded, the effect of registration with a particular class of title and when the class of title can be upgraded at HM Land Registry. On first registration of an estate in land, HM Land Registry will decide what class of title can be awarded based on the quality of title that they have found on examination of the title deeds and other evidence lodged at the time of first registration. The class of title awarded is then entered into the proprietorship register. Both freehold and leasehold estates can be registered with either: • absolute title • qualified title, or • possessory title Leasehold estates can also be registered with: • good leasehold title Absolute title When is absolute title awarded? Absolute title is awarded if HM Land Registry: • is satisfied that the title to the estate is such that a competent professional adviser would properly

The Land Registration Act 2002 (LRA 2002), following on from the earlier Land Registration Act 1925, makes provision for HM Land Registry to continue to maintain a register of title to land in England and Wales. The register for each individual title consists of a property and proprietorship register and, if necessary, a charges register. Historically, HM Land Registry issued a paper land certificate (or charge certificate, where the property was charged) to the registered proprietor as proof of ownership. These became obsolete on LRA 2002 coming into force. Proof of ownership is now evidenced by official copies of the register. See Practice Note: How to obtain official copies of the register from HM Land Registry. This Practice Note looks at the individual registers of title, the effect and conclusiveness of registration and owner’s powers under LRA 2002. Property register Contents of the property register Except where otherwise permitted, the Property register of any registered estate must contain: • a description of the registered estate which, in the case of a registered estate in land,

This Checklist looks at HM Land Registry’s requirements for first registration of title upon the transfer of a freehold or leasehold estate, the grant of a new lease or the creation of a first legal mortgage. It covers which dispositions trigger first registration, the time period for registration, the consequences for failing to apply for first registration and the information that must be provided to HM Land Registry with the application. Which dispositions trigger first registration? The following dispositions will trigger compulsory first registration. Transfers of unregistered freehold and leasehold estates The transfer or assignment of: • an unregistered freehold estate in land, and • an unregistered leasehold estate in land which has more than seven years left to run at the date of assignment for valuable or other consideration, by way of gift or in pursuance of an order of any court. Note that an instrument at a negative value is included as being for valuable or other consideration. The assignment or surrender of a lease where the term is to merge into the

This Practice Note covers the requirements of HM Land Registry (HMLR) for evidence of identity to be provided in connection with certain applications in order to provide protection against property and registration fraud. It looks at when evidence of identity must be provided, how to provide evidence of identity and what practical issues arise from this requirement. HM Land Registry requirements In order to provide additional protection against property and registration fraud, HMLR requires confirmation of identity to be supplied in connection with certain applications for registration. The applications which are caught by this requirement are set out in HM Land Registry Practice Guide 67: evidence of identity and include applications to register a transfer, lease or charge, the discharge or release of a registered charge and applications for first registration. Any application made on forms AP1, DS2 and FR1 will almost always require the completion of panels relating to confirmation of identity. The names of all the parties to the transaction(s) being registered must be entered where indicated; on an application to register a transfer and

This Practice Note looks at legal and equitable charges of land and their registration at HM Land Registry. For content on the nature of legal and equitable charges, see Practice Note: Mortgages and land—an introduction to mortgages and legal charges over land. Charging orders take effect as equitable charges but are outside the scope of this Practice Note. For further information, see Practice Note: Charging orders over land—registration issues. Land Registration Act 2002 and the power to charge land Legal mortgages of land A registered proprietor of freehold or leasehold land—or the person who is entitled to be registered as the proprietor—may: • make a disposition of any kind permitted by the general law in relation to the registered estate, other than a mortgage by demise or sub-demise, and • charge the estate at law with the payment of money The only way to create a legal mortgage of land is by way of demise or by way of charge by deed by way of legal mortgage. This is the effect of

This Practice Note considers: • the ‘basic rule’ for priority under the Land Registration Act 2002 (LRA 2002), s 28 • exceptions to the basic rule under LRA 2002, ss 29 and 30 • how the entry of an agreed notice or a unilateral notice can be used to protect the priority of an interest in registered land (including practical examples) • which interests can be protected by an agreed or unilateral notice, and • the process for entering and cancelling an agreed notice or a unilateral notice It also briefly discusses registrar’s notices. This Practice Note does not cover official searches with priority in any detail—see instead Practice Note: Pre-completion searches. It also does not cover other ‘special case’ transactions or circumstances that may affect priority between interests, such as: • overreaching—see Practice Notes: Overreaching—sales by trustees of land and Overreaching by a mortgagee • rectification of the register—see Practice Note: Land registration—alteration and rectification of the title register and the grounds for indemnity • deeds of priority—see Practice Note: Priority between security

This Practice Note looks at overriding interests under the Land Registration Act 2002 (LRA 2002). It contains detailed content on actual occupation as an overriding interest as well as linking to additional relevant content which provides detailed information on other overriding interests. It also touches on interests which have lost overriding status since LRA 2002 came into force. Overriding interests under the Land Registration Act 2002 Overriding interests generally Overriding interests are unregistered interests which affect registered land even though they are not shown on the register. They bind both the registered proprietor and any person who acquires an interest in the property. Overriding interests fall into two categories: • those that override the first registration of land; these are set out in LRA 2002, Sch 1 • those that override a registered disposition of land; these are set out in LRA 2002, Sch 3 Both categories of overriding interest include the types of interest set out below. Leases for less than seven years Most leases for less than

This Practice Note looks at HM Land Registry’s (HMLR) requirements relating to plans and sets out some of the key guidelines for acceptable plans as well as some of the reasons why plans may be rejected. It also looks at the plan requirements for specific applications and the difference between general and determined boundaries on HMLR title plans. HM Land Registry plan requirements Background Rule 5(a) of the Land Registration Rules 2003, SI 2003/1417 (LRR 2003) provides that (except where otherwise permitted) the property register of a registered estate must contain a description of the registered estate which, in the case of a registered estate in land, rentcharge or registered franchise which is an affecting franchise (ie a franchise that can be defined as affecting a particular area), must refer to a plan based on the Ordnance Survey map. Any plan submitted to HMLR must be sufficiently clear so that the relevant land can be identified on the Ordnance Survey map. In order to ensure that any plans which accompany any application to HMLR meet this requirement,