Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester on Commercial Business Leases
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
continued from page 4 . . .
Leases - Noting of Leases
See sections 32, 33, 34,37 and 38 Land Registration Act 2002
Section 32 Land Registration Act 2002 allows Land Registry to note certain Leases against the registered Property affected, ie. the lessor's title deeds.
Noting of Leases granted out of registered titles on or after 13 October 2003
When an application is lodged for registration of a Lease granted out of registered Property that is required to be registered (see section: How to apply the Land Registration Act 2002 and Land Registration Rules 2003 - compulsory registration for further details) no application is required to note the Lease on the lessor's registered title. Notice will automatically be entered in the lessor's title by Land Registry, pursuant to section 38 Land Registration Act 2002.
Noting of Leases on lessor's registered superior titles following first registration
see rule 37 Land Registration Rules 2003
An application by Conveyancing Solicitors and Property Lawyers to register a Lease that was either:
- not granted out of a registered estate, or
- granted before the commencement of Land Registration Act 2002, and
- was not previously compulsorily registrable (eg. a Lease of more than seven years but for 21 years or less)
will be treated as an application for first registration
Provided the Lease can be noted - see section: Leases that Land Registry cannot note - Land Registry will automatically note the Lease in the lessor's registered superior title (Property Deeds)(if it is not already noted), subject to serving notice on the lessor - see rule 37(3) Land Registration Rules 2003. If the lessor's consent is lodged with the application Land Registry will not need to serve notice on the lessor.
Noting of Leases of more than three years
If a notice is not automatically made in the lessor's Property title under section 38 Land Registration Act 2002 or rule 37(3) Land Registration Rules 2003 an application may be made by the Conveyancing Solicitors and Property Lawyers for a notice to be entered if the Lease:
- is granted for a term of more than three years
- does not relate to a trust of Land / Property or a s settlement under the Settled Land Act 1925
see section 32, 33 and 34 Land Registration Act 2002.
See section: How to apply the Land Registration Act 2002 and Land Registration Rules 2003 - compulsory registration, for details of Leases that must be registered.
See section: Noting of Leases for details on how the Conveyancing Solicitors and Property Lawyers will make the application.
Section 37 Land Registration Act 2002 also allows Land Registry to note Leases of more than three years but not exceeding seven years in a registered superior title (Property Deeds), even though the Lease itself will be incapable of substantive registration.
Leases Land Registry cannot note
see section 33 Land Registration Act 2002.
Land Registry cannot note the following in the Property Title Deeds. Leases that are:
- granted for a term of three years or less - and are not required to be substantively registered - see section 33(b) Land Registration Act 2002. See section: How to apply the LRA 2002 and LRR 2003 - compulsory registration, for details of Leases that must be registered.
N.B. This applies to any discontinuous Leases that are not compulsorily registrable, where the total period is three years or less.
- Public - Private Partnership Leases - see section 90(4) LRA 2002.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 6 (Manchester Conveyancing Solicitors Property Lawyers on Commercial Business Leases 6)
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