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Land Registry Practice Guide 1 Sept 2009

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Land Registry Practice Guide 1 Sept 2009 Land Registry Practice Guide 1 Sept 2009 Land Registration Act 2002 Scope of this guide First registrations This guide deals with the procedure to be followed when applying for Update – This edition of the guide replaces the April 2009 edition. first registration of unregistered Amendments have been made as a result of the Land Registration estates in land. It does not deal (Amendment) Rules 2009 and the Companies Act 2006 coming into with the effects of registration or force on 1 October 2009. the characteristics of the various classes of title with which land may be registered. It is aimed at conveyancers and you should interpret references to ‘you’ accordingly. Land Registry staff will also refer to it. Contact details You can obtain copies of this and all our other guides free from any Land Registry office, and view or download them from our website in English and Welsh. This publication can be made available in alternative formats on request. If you or any of your colleagues require an alternative format please contact Customer Service at Land Registry Head Office. You can find details of Land Registry offices, telephone numbers and opening times on our website. Telephone numbers are also listed under ‘Land Registry’ in the Phone Book. www.landregistry.gov.uk 1 Land Registry Practice Guide 1 Sept 2009 2 Land Registry Practice Guide 1 Sept 2009 First registrations 1 Abbreviations and terms used 5 2 Introduction 5 2.1 What interests may be registered? 5 2.1.1 Estates in land 5 2.1.2 Manors 6 2.2 The advantages of land registration 6 3 Compulsory applications for first registration 6 3.1 On a transfer of a freehold estate in land 6 3.2 On a transfer of an existing leasehold estate in land 7 3.3 On the grant of a new leasehold estate in land 7 3.4 On a first legal mortgage 8 3.5 Cases in which compulsory registration does not apply 8 4 Voluntary applications for first registration 8 4.1 Registration in advance of a dealing 8 4.2 Registration of substantial holdings of unregistered land 8 5 Lodging applications for first registration 9 5.1 Who can apply? 9 5.2 Form of application 9 5.3 Completion of the application form FR1 9 5.4 Documents that must accompany form FR1 14 5.4.1 Form DL 14 5.4.2 Plan 14 5.4.3 Lease 14 5.4.4 Title deeds 15 5.4.5 Land Charges searches 16 5.4.6 Certificate of registration of company charge 17 5.4.7 Charitable, ecclesiastical and public trusts 17 5.4.8 Constitution of a corporation 17 5.4.9 Social landlords 17 5.4.10 Application for a restriction and use of form RX1 17 5.4.11 The appropriate stamp duty land tax (SDLT) certificate 18 5.4.12 Form DI 19 5.4.13 Form EX1 19 5.4.14 Form AP1 19 5.5 Land Registry fees 19 5.6 Submitting your application 20 5.7 Time limit 20 6 The examination process and classes of title 20 6.1 Examination of title 20 6.2 Evidence of title where the deeds have been lost or destroyed 21 6.3 Classes of title 22 6.3.1 Absolute freehold title 22 6.3.2 Absolute leasehold and good leasehold titles 22 6.3.3 Qualified titles 23 6.3.4 Possessory titles 24 6.4 Titles based on assents 24 6.5 Title to appurtenant easements 24 6.6 Land charges void for non-registration at the Land Charges Department 25 6.7 Land that has been in the same ownership for a considerable time 26 6.8 First registration based on dispositions by the Crown and the Duchies of Lancaster and Cornwall 26 3 Land Registry Practice Guide 1 Sept 2009 6.8.1 Foreshore 26 6.8.2 Escheat 27 6.9 Purchases by tenants of public housing, purchases of housing estates etc and repurchases of defective housing 27 6.9.1 Right to bu y/right to a shared ownership lease 27 6.9.2 Preserved right to buy 27 6.9.3 Disposal subject to preserved right to buy/voluntary disposal with consent of the Secretary of State/disposal by Housing Action Trust or the Development Board for Rural Wales 27 6.9.4 Repurchases of defective housing 27 6.10 Short titles 28 6.11 Enquiries in advance of an application 28 7 Forms of transfer inducing first registration 28 7.1 Use of a Land Registry transfer or assent 28 7.2 Transfer and assent forms 28 7.3 Vesting of land in new trustees of an existing trust on the death of a sole or last surviving trustee 29 8 Dealings with land before first registration is completed 29 8.1 Dealing is a transfer 29 8.2 Dealing is the grant of a lease 30 8.3 Charges 30 8.3.1 First legal mortgage 30 8.3.2 Puisne mortgage (second charge) by the estate owner of unregistered land 30 8.4 Other dealings 31 8.5 Reservation on a sale of a part 31 8.6 Dealings with land in the course of registration 31 9 Enquiries and comments 31 Land Registry advisory policy 32 4 Land Registry Practice Guide 1 Sept 2009 1 Abbreviations and terms used In this guide: ‘LRA 1925’ means the Land Registration Act 1925; ‘LRA 2002’ means the Land Registration Act 2002; ‘LRR 2003’ means the Land Registration Rules 2003; ‘CA 2006’ means the Companies Act 2006; ‘Fee Order’ means the current Land Registration Fee Order; ‘conveyancer’ means a solicitor, a licensed conveyancer within the meaning of s.11(2), Administration of Justice Act 1985, a Fellow of the Institute of Legal Executives, a barrister, a duly certificated notary public, or a registered European lawyer (as defined) (r.217(1), LRR 2003). Where appropriate they include in-house conveyancers as well as those in private practice. The meaning of ‘transfer’ is dependent on the context. It may or may not include an assent, an assignment, a conveyance or a lease. You should also note that ‘land’ as defined by s.132, LRA 2002 includes: — buildings and other structures — land covered with water — mines and minerals, whether or not held with the surface 1. 2 Introduction 2.1 What interests may be registered? S.2, LRA 2002 makes provision for the registration of title to: — estates in land — rentcharges — franchises — profits a prendre in gross. This guide deals only with the first registration of unregistered freehold and leasehold estates in land. While much of it will be relevant to the first registration of franchises, profits a prendre in gross and rentcharges, it does not deal with the particular issues that arise in registering those interests. See Practice Guide 16 – Profits and Practice Guide 18 – Franchises for more detailed information. Nor does this guide deal with: — applications based on adverse possession. See Practice Guide 5 – Adverse possession of unregistered land and transitional provisions for registered land in the Land Registration Act 2002, or — the creation of new leases out of registered titles. Under s.27(2)(b), LRA 2002 these are treated as dealings, not as first registrations. See Practice Guide 25 – Leases – when to register. 2.1.1 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 LRA 2002. Because of the provisions of s.27(2)(b), LRA 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. 1 But see s.4(9), LRA 2002, which excludes mines and minerals held apart from the surface from compulsory registration. Some of these estates, however, are not subject to compulsory registration. 5 Land Registry Practice Guide 1 Sept 2009 See section 3 Compulsory applications for first registration for information about applications where registration of title is compulsory. See section 4 Voluntary applications for first registration for information about applications where registration of title is voluntary. 2.1.2 Manors It is no longer possible to register title to the lordship of a manor. Under the LRA 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 (s.119, LRA 2002). Many manorial titles include no physical land. Sometimes, however, 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 LRA 1925 did not apply to land that was part of a manor and included in the sale of a manor as such (s.123(3)(c), LRA 1925 (repealed)). There is no such exception in the LRA 2002. Therefore, if a manor includes physical parcels of land, the title to the 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. 2.2 The advantages of land registration Registration under the LRA 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 s.103 and Schedule 8, LRA 2002 against any loss if they are deprived of their state-backed title (see ss.11 and 12, LRA 2002) on a rectification of the register under s.65 and Schedule 4, LRA 2002 — introducing certainty and simplicity into conveyancing — setting out, or referring in the register to, all the rights that benefit and affect the title other than certain overriding interests — showing the general extent of the land in each title by means of a title plan — ensuring that capital can circulate freely in the economy by making land readily available as security — making large holdings of land and portfolios of charges readily marketable.
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