LAND REGISTRATION vol 25 | UU��ֱ��

LAND REGISTRATION vol 25(1)A commentary, Land Registry Forms (Part 1)

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About this title—authors, overview

Commentary

1 Origins and development

2 Joint project by the Law Commission and HM Land Registry

3 Land Registration Act 2002

4 Legal estates that may be substantively registered

5 Limitation on the right to apply for registration of title

6.1 General

6.2 Benefit of appurtenant rights

6.3 Interests that override first registration or dispositions of registered estates

6.4 Legal charges

6.5 Other interests that require protection by entry in the register

7 Undivided shares

8 General effect of registration

9 Vesting of the legal estate

10.1 Position on first registration

10.2 Position on the disposition of a registered estate

11.1 Unregistered interests which override first registration

11.2 Unregistered interests which override registered dispositions

12.1 Applicant’s duty of disclosure

12.2 Registrar’s separate power

13 Other interests—the need for protection in the register

14 Methods of protection

15 Titles that may be registered

16 Absolute freehold title—effect of registration

17 Absolute freehold title—requirements as to title

18 Possessory freehold title

19 Qualified freehold title

20 Absolute leasehold title—effect of registration

21.1 Proof of superior titles

21.2 Compliance with restrictions etc

21.3 Lessor’s title registered with less than absolute title

22 Good leasehold title

23 Possessory leasehold title

24 Qualified leasehold title

25 Maintenance and contents of the register

26.1 The content

26.2 Changes to the property register

27.1 The content

27.2 Changes to the proprietorship register

28 Charges register

29 New entries in the register

30 Cancellation and modification of entries in the register

31 Alteration of the register by the court

32 Alteration of the register by the registrar

33 The index map

34.1 Scales

34.2 Change from imperial to metric units

34.3 Use of imperial measures

35 Description of land where the estate is registered

36.1 General

36.2 Colouring used on the title plan

37 Boundaries and approval of boundary and estate plans

38 Abolition of land and charge certificates

39.1 Reasons for search

39.2 Who may search

39.3 Method of search

40 The open register

41.1 Entitlement to inspect

41.2 Inspection

42.1 General

42.2 Documentary applications

42.3 Application by other methods

43.1 Relevant documents

43.2 Prejudicial information

43.3 Applying for a relevant document to be declared an exempt information document

43.4 Applying for an official copy of an exempt information document

43.5 Applying for removal of the designation of a document as an exempt information document

44 Applications in connection with court proceedings, insolvency and tax liability

45 Purpose of official searches

46 Types of official searches

47.1 General

47.2 The search result

47.3 Delivery of applications—documentary

47.4 Other methods of delivery

48.1 Achieving priority

48.2 Entry in the day list

49.1 General

49.2 Search from date

49.3 The search

49.4 Delivery of applications—documentary

49.5 Other methods of delivery

50 Official search by mortgagee in respect of home rights or matrimonial home rights under the Family Law Act 1996

51 Official inspection of the title plan

52 Protection against errors in official search

53 Searches of the index of proprietors’ names

54 Day list information

55 Enquiry as to discharge of a charge by electronic means

56 Historical editions of registered titles kept by the registrar in electronic form

57 Registration accords with general scheme

58 Registered proprietor of settled land

59 Tenant for life

60 Statutory owner

61 Beneficial interests under a settlement

62 Settled land restrictions

63 First registration of settled land

64 Registered estate becoming the subject of a settlement

65 Changes in ownership of settled land

66 Trustees of the settlement

67 Determination of settlement during life of proprietor

68 Determination of settlement on death of proprietor

69 Registration to carry into effect general scheme

70 Registered proprietor of a registered estate held under a trust of land

71 Beneficial interests

72 Rights of beneficiaries under a trust of land

73 Obligatory restriction where there is a trust of land

74.1 Restriction reflecting the inability of a sole trustee to give a valid receipt for capital money

74.2 Restrictions reflecting other limitations on the trustees’ powers of disposition

75 Restrictions for which a beneficiary or other interested person may apply

76 Determination of a trust of land

77 First registration application by personal representatives

78 On the death of a registered proprietor

79.1 Manner of effecting dispositions

79.2 Restrictions where personal representatives’ powers are limited

80 Minors

81.1 Conveyance to a minor of unregistered land

81.2 Transfer of a registered estate to a minor

82 Persons incapable through mental disorder

83 Companies registered under the Companies Acts

84 Other corporations and overseas entities

85 Building societies

86 Friendly societies and registered societies

87 Trade unions and employers’ associations

88 Local authorities

89 Charities

90.1 Registration of charity land in the name of the official custodian

90.2 Address for service

90.3 Restriction

91.1 Entry of an incumbent on a transfer to the Church Commissioners

91.2 Entry of the Church Commissioners, etc, as proprietor

92 HM Land Registry forms generally

93 Prescribed forms

94.1 The forms

94.2 Characteristics and purpose of Schedule 1 forms

94.3 Use of Schedule 1 forms

95.1 The forms

95.2 Characteristics and purpose of Schedule 3 forms

95.3 Use of Schedule 3 forms

96 Approval of draft forms

97 Promulgated forms

98 Use of non-prescribed forms

99 Alteration in instrument after delivery for registration

100 Registration as to only some of titles affected

101 Execution of instruments

102 Power of attorney

103 General power of attorney

104 Power of attorney granted by individual trustee

105 Power of attorney granted by trustees of land collectively

106 Enduring power of attorney

107 Lasting power of attorney

108 Forms of application

109 Electronic delivery of applications

110 Delivery of applications

111 Priority of applications

112 Applications that are not in order

113 Stamp duty land tax and land transaction tax

114.1 Lodging of copy documents with applications

114.2 Deeds and documents to accompany first registration applications

115 The lodgement of applications at HM Land Registry

116 Delivery of applications to HM Land Registry

117 Application of compulsory registration to different administrative areas

118.1 Registered proprietors of estates

118.2 Registered proprietors of charges

118.3 Mode of exercising owner’s powers

119 Dispositions that are required to be registered

120 Protection of disponees

121 Priority of dispositions of registered estates

122 Priority of dispositions of registered charges

123.1 General

123.2 Full title guarantee

123.3 Limited title guarantee

123.4 Extent of liability

123.5 Benefit of covenant

124 Transitional provisions—covenants for title

125.1 Land Registration Act 2002 and Land Registration Rules 2003

125.2 The Law of Property (Miscellaneous Provisions) Act 1994

126 Modification or extension of implied covenants

127 General powers of proprietor

128 Transfers of part of a title

129.1 Generally

129.2 Special cases

130 General powers of owner to create easements etc

131 Grant of easement in fee simple or for term of years

132 Appurtenant rights—first registration

133 Appurtenant rights over unregistered land

134 Appurtenant rights claimed by prescription

135 Easements as overriding interests

136 Power to enter into restrictive covenants

137 Entry of notice of burden

138 Entry of benefit

139 Discharge or modification of restrictive covenants

140 Positive covenants

141 When indemnity covenants are required

142 Entry of indemnity covenants on register

143 General power of owner to charge land

144.1 General

144.2 Property comprised in a registrable charge

144.3 Further advances

145 Charge—completion by registration

146 Application for registration of charge

147 Powers of proprietor of a registered charge

148 Effect of exercise of powers

149 Variation of charges

150 Altering the priority of charges

151.1 Land charges

151.2 Local land charges

152.1 Land Registration Act 2002

152.2 Statutory charges—examples

153 Registration of incumbrances created before first registration

154 Consolidation of charges

155 Sub-charges

156.1 Form

156.2 Application for discharge

156.3 Electronic processing of discharges of charges

156.4 Electronic notification of discharge

157 Electronic discharges

158 Electronic DS1 (e-DS1)

159 Rentcharges Act 1977

160 Creation of rentcharges and profit à prendre in gross

161 Completion by registration of rentcharges and profit à prendre in gross

162 Application for registration of rentcharges and profit à prendre in gross

163 Transfer subject to rentcharge

164 Determination of a rentcharge

165 General power of owner to grant lease

166 Completion of lease by registration

167 Registration of notice of lease

168 Effect of registration of notice of lease

169 Prescribed clauses leases—background

170 The leases which are required to be prescribed clauses leases

171 Other leases

172 The prescribed clauses

173 General structure of the prescribed clauses lease scheme

174 Positioning of prescribed clauses

175 Use of the prescribed clauses with older precedents

176 General guidelines on using the prescribed clauses

177 Clause LR1—date of lease

178 Clause LR2—title number(s)

179 Clause LR3—parties to this lease

180 Clause LR4—property

181 Clause LR5—prescribed statements etc

182 Clause LR6—term for which the property is leased

183 Clause LR7—premium

184 Clause LR8—prohibition or restrictions on disposing of this lease

185 Clause LR9—rights of acquisition etc

186 Clause LR10—restrictive covenants given in this lease by the landlord in respect of land other than the property

187 Clause LR11—easements

188 Clause LR12—estate rentcharge burdening the property

189 Clause LR13—application for standard form of restriction

190 Clause LR14—declaration of trust where there is more than one person comprising the tenant

191 Variation of terms of lease

192 Lease granted under the Leasehold Reform Act 1967

193 Production of documents to lessor

194.1 General

194.2 Merger

194.3 Surrender, disclaimer, enlargement or forfeiture

194.4 Effluxion of time

195 Registration of personal representative on death of proprietor

196 Dispositions by personal representative

197 Death of a joint proprietor

198 Inheritance tax

199.1 Entry of bankruptcy notice

199.2 Effect of bankruptcy notice

199.3 Removal of bankruptcy notice

200.1 Entry of bankruptcy restriction

200.2 Effect of bankruptcy restriction

200.3 Removal of a bankruptcy restriction

201.1 Registration of trustee in bankruptcy as proprietor

201.2 Dispositions by trustee in bankruptcy who is not registered as proprietor

202 Re-vesting of the bankrupt’s home

203 Administration of insolvent estates of deceased persons

204 Proceedings under the EC Regulation on insolvency proceedings and changes since the UK’s exit from the EU

205 Forms of protection

206.1 Nature of a notice

206.2 Effect of a notice

207 Interests which cannot be the subject of a notice in the register

208 Examples of interests that may be the subject of a notice in the register

209 The two kinds of notice

210.1 Notices that must be agreed notices

210.2 Applications for agreed notices

210.3 Applications for unilateral notices

210.4 Entry of notice by the registrar

211.1 General

211.2 Application to amend details of the beneficiary of a unilateral notice

212.2 Removal of a unilateral notice by the beneficiary or other person entitled

212.3 Cancellation of a unilateral notice

213.1 Effect of a home rights notice

213.2 Applying for a home rights notice

213.3 Renewal of a home rights notice

213.4 Cancellation or postponement of a home rights notice

214 The right to manage

215 Nature and purpose of a restriction

216.1 Standard forms of restriction

216.2 Non-standard forms of restriction

217 Power of the registrar to enter a restriction

218.1 Application for a voluntary restriction

218.2 Application by a person claiming a sufficient interest in prescribed cases

218.3 Application by a person claiming a sufficient interest in other cases

218.4 Application by a person claiming a sufficient interest—general points

218.5 Applications where proprietor is under a duty to apply

218.6 Restrictions that the registrar may enter without an application

218.7 Restrictions that the registrar must enter in the register

218.8 Power of the court to order entry of a restriction in the register

219 Complying with a restriction

220 Orders of the registrar in relation to restrictions

221 Application to withdraw a restriction

222 Cancellation of restrictions otherwise than on withdrawal

223 Inhibitions entered under the Land Registration Act 1925

224 Origin of cautions against dealings

225 Cautioner’s interest under a caution against dealings

226 Effect of a caution against dealings

227 Applications for withdrawal or cancellation of a caution against dealings

228.1 The former position

228.2 The present position

228.3 Withdrawal of notice

229 Caution against conversion

230.1 Power to apply

230.2 Form and arrangement of the caution register

230.3 Application for a caution against first registration

231 Effect of a caution against first registration

232 Alteration of caution register on devolution of the interest protected

233 Withdrawal of a caution against first registration

234.1 Who may apply

234.2 Procedure

235.1 Generally

235.2 The Crown

236 Leasehold land

237.1 The forms and documents to be lodged

237.2 First registration of mines and minerals

237.3 First registration of cellars, flats, tunnels etc

237.4 First registration where land is of community value (England only)

238.1 Examination of title

238.2 Plans

238.3 Survey on first registration

238.4 Searches, enquiries, notices and requisitions—first registration

239.1 Mines and minerals—note as to inclusion or exclusion

239.2 Entry of beneficial rights

239.3 Legal mortgages—first registration

239.4 Entry of burdens—first registration

239.5 Notes as to rights of light or air—first registration

239.6 Notice of leases—first registration

240.1 The need for evidence of custody and loss

240.2 Contents of missing deeds

241 Compulsory areas and applications—first registration

242.1 When the requirement of registration applies

242.2 Effect of the requirement of registration

242.3 Consequences of failure to comply with the requirement of registration

242.4 Liability for making good void dispositions

243 Dealings before first registration where the requirement of registration applies

244 Checklist of papers to accompany applications for first registration

245 Completion of a first registration application

246 Right to buy

247 The estate to be conveyed

248 Procedure—sale of public sector housing

249 The register—discount charge

250 Intervention by the Secretary of State—public sector housing

251 Other powers of the Secretary of State—public sector housing

252 Defective dwellings

253 Preserved right to buy—general

254 Preserved right to buy—procedure

255 Cessation of the preserved right to buy in the register

256 Other disposals by local authorities and others

257 Indemnification of mortgagees

258 Local authorities as mortgagees

259 Power to upgrade title

260 Who may apply for title to be upgraded

261 Applications for title to be upgraded

262 Effect of upgrading title

263 Provision for indemnity—upgrading title

264 Adverse possession generally

265 First registration based on adverse possession of an unregistered estate

266 Where unregistered land claimed is subject to a charge

267 Title claimed to have been acquired by adverse possession before 13 October 2003

268 Where registered land claimed is subject to a charge

269 Outline of scheme—adverse possession

270 The right to apply for registration—adverse possession

271 Restrictions on applications—adverse possession

272 The initial application for registration—adverse possession

273 Notification of the application—adverse possession

274 Responses to the notices issued—adverse possession

275 The exceptional conditions—adverse possession

276 Right to make a further application for registration

277 Procedure for making a further application for registration

278 Effect of registration of applicant as proprietor

279 Apportionment and discharge of charges

280.1 Generally

280.2 Request for arbitration

280.3 Notice of required apportionment

280.4 The apportionment

280.5 Basis of valuation

280.6 Date of receipt of notices, etc

281 Adverse possession and alteration of the register

282 Defences to actions for possession—adverse possession

283 Entry in register of entitlement to receive notice of adverse possession claim

284 Adverse possession in relation to rentcharges

285 Enlargement by chargee

286 Acquisition of easements by prescription

287 Distinction between alteration and rectification of the register

288 Alteration and rectification by order of the court generally

289 Alteration and rectification by the registrar

290 Alteration of the cautions register

291 Correction of mistake in application or accompanying document

292 Indemnity as part of the state guarantee of title

293 Occasions when entitlement to indemnity arises

294 Occasions when entitlement to indemnity is excluded

295 Valuation in cases where there is loss of an estate, interest or charge

296 Indemnity for costs

297 Payment of interest

298 Rights of recourse

299 Practice when claiming indemnity

300 The adjudication of disputes

301.1 Objecting to applications

301.2 Registrar’s procedure following receipt of objection

301.3 Procedure following referral to the First-tier Tribunal

301.4 Outcome of hearing

302 Rectification or setting aside of documents by the adjudicator

303 Jurisdiction of the adjudicator in relation to network access agreements

304 Appeals against determinations by the adjudicator

305 Introduction to commonhold

306 Land that may not be included in a commonhold

307 The essential documents

308 Plans

309 Required consents

310.1 With or without unit-holders

310.2 The application form

310.3 The supporting documents

310.4 Statement of truth

311.1 Before the end of the transitional period

311.2 After the transitional period comes to an end

312 Completion of application—registration with unit-holders

313.1 Application to register amendments to altered articles of association or amended commonhold community statement

313.2 Application to register the extinguishment or extension of a charge over a unit

313.3 Application to add land to a commonhold development on enlargement

313.4 Application to note the surrender of development rights

313.5 Application to register transfers of part of a commonhold unit or the common parts

313.6 Application to register a successor commonhold association

314.1 Application for a freehold estate registered as commonhold land to cease to be so registered during the transitional period

314.2 Application to register the termination of a commonhold registration on a voluntary winding up

314.3 Application to register the termination of a commonhold registration on a court winding up

314.4 Application to register the termination of a commonhold by court order

315 Background to the Land Registration Act 2002—early proposals for an electronic conveyancing system

316 Movement towards the development of an electronic conveyancing system and the introduction of digital registration

317.1 Introduction

317.2 Information services capable of being accessed electronically

317.3 Official searches capable of being made electronically

317.4 Forms that may be submitted electronically with a digital application form

318.2 List of relevant registrar notices

319.1 The need for the network

319.2 The network—general

320.1 Types of network access agreement

320.2 Criteria to be met by an applicant for entry into a network access agreement

320.3 Terms which must be included in full network access agreements

320.4 Terms which must be included in signature network access agreements

320.5 Terms which must be included in read-only network access agreements

321.1 Termination by the registrar of individual network access agreements

321.2 Immediate termination of an agreement by the registrar

321.3 Termination after notice given by the registrar

321.4 Appeals against termination and suspension of termination pending appeal

321.5 Termination of all network access agreements

322.1 The model form of network access agreement

322.2 The administrator

322.3 Users

322.4 The subscriber’s responsibilities

323 The framework for creating electronic legal charges

324.1 Conditions relating to the creation of effective digital mortgages and the delivery of applications to register digital mortgages

324.2 The form and content of digital mortgages

324.3 Authentication of digital mortgages

324.4 Applications to register digital mortgages

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