Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester for Buying / Selling House / Flat / Apartment
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
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Buying and Selling Property / Land
First Registrations
What may be registered?
Section 2 of the Land Registration Act 2002 makes provision for the registration of title to:
- estates in Land / Property
- rentcharges
- franchises
- profits a prendre in gross
Most Property Lawyers and Conveyancing Solicitors deal only with the first registration of unregistered freehold and leasehold estates in Land.
Only estates that can exist at Law, that is a fee simple absolute in possession or a term of years absolute, can be registered under the Land Registration Act 2002.
Because of the provisions of section 27(2)(b) Land Registration Act 2002 in respect of the granting of Leases out of registered titles, this guide refers only to the registration of leasehold estates:
- granted out of an unregistered estate
- granted out of a registered estate before 13 October 2003 that were unregistrable at that time, but are now registrable.
Some of these estates, however, are not subject to compulsory registration. See section: Compulsory applications for first registration for information about applications where registration of title is compulsory. See section: Voluntary applications for first registration for information about applications where the registration of title is voluntary.
Manors
It is no longer possible to register title to the lordship of a manor. Under the Land Registration Act 1925 this could be done voluntarily, though it was never compulsory. Where the title to a manor is already registered the proprietor may apply for it to be removed from the register (section 119 Land Registration Act 2002).
Many manorial titles include no physical Property / Land. Sometimes, however, Property / Land may still be attached to a manor and title to it may pass on a transfer of the manor. The compulsory registration provisions of the Land Registration Act 1925 did not apply to Property / Land that was part of a manor and included in the sale of a manor as such (section 123(3)(c) Land Registration Act 1925 repealed). There is no such exception in the Land Registration Act 2002. Therefore, if a manor includes physical parcels of Property / Land, the title to the Property / Land concerned must be registered following a transfer, mortgage or Lease of a kind that triggers first registration. The Lordship of the manor itself cannot be registered.
The advantages of Property registration
Registration under the Land Registration Act 2002 supports home and Property ownership and the secured credit market by:
- providing state backed registration, giving greater security of title;
- providing greater protection against the possibility of losing title by adverse possession
- indemnifying the proprietors under section 103 and schedule 8, Land Registration Act 2002 against any loss if they are deprived of their state backed title on a rectification of the register under section 65 and schedule 4 Land Registration Act 2002
- introducing certainty and simplicity into Conveyancing
- setting out, or referring to the Property deeds to, all the rights that benefit and affect the title other than certain overriding interests
- showing the general extent of the Property in each title by means of a title plan
- ensuing that capital can circulate freely in the economy by making Property readily available as security
- making large holdings of Property and portfolios of mortgages (charges) readily marketable
Compulsory applications for first registration
Section 4 Land Registration Act 2002 specifies the events that trigger compulsory registration. Sections 4(1) LRA 2002 calls this the 'requirement of registration'. Although Land Registry will express a view, on request, as to whether section 4 applies to a particular type of transactions, Conveyancing Solicitors and Property Lawyers should bear in mind that a definitive interpretation of the section can only be given by the Court.
Section 80 Land Registration Act 2002 provides for compulsory registration of grants by Her Majesty out of demesne Land / Property. For further information see section: First registration based on dispositions by the Crown and the Duchies of Lancaster and Cornwall.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 2 (Manchester Conveyancing Solicitors Property Lawyers for Buying and Selling a House 2)
Please telephone Paul on 0161 866 8999 if you require any further information.
Ford Banks Irwin Solicitors
50 Stothard Road
Stretford
Manchester
M32 9HB
Tel: 0161 866 8999
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