Law

Land Registration Act 2002

United Kingdom · statute

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In force since 2026-10-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 152 provisions
  1. Title and introductory text
  2. 1 Register of title
  3. 2 Scope of title registration
  4. 3 When title may be registered
  5. 4 When title must be registered
  6. 5 Power to extend section 4
  7. 6 Duty to apply for registration of title
  8. 7 Effect of non-compliance with section 6
  9. 8 Liability for making good void transfers etc
  10. 9 Titles to freehold estates
  11. 10 Titles to leasehold estates
  12. 11 Freehold estates
  13. 12 Leasehold estates
  14. 13 Appurtenant rights and charges
  15. 14 Rules about first registration
  16. 15 Right to lodge
  17. 16 Effect
  18. 17 Withdrawal
  19. 18 Cancellation
  20. 19 Cautions register
  21. 20 Alteration of register by court
  22. 21 Alteration of register by registrar
  23. 22 Supplementary
  24. 23 Owner’s powers
  25. 24 Right to exercise owner’s powers
  26. 25 Mode of exercise
  27. 26 Protection of disponees
  28. 27 Dispositions required to be registered
  29. 28 Basic rule
  30. 29 Effect of registered dispositions: estates
  31. 30 Effect of registered dispositions: charges
  32. 31 Inland Revenue charges
  33. 32 Nature and effect
  34. 33 Excluded interests
  35. 34 Entry on application
  36. 35 Unilateral notices
  37. 36 Cancellation of unilateral notices
  38. 37 Unregistered interests
  39. 38 Registrable dispositions
  40. 39 Supplementary
  41. 40 Nature
  42. 41 Effect
  43. 42 Power of registrar to enter
  44. 43 Applications
  45. 44 Obligatory restrictions
  46. 45 Notifiable applications
  47. 46 Power of court to order entry
  48. 47 Withdrawal
  49. 48 Registered charges
  50. 49 Tacking and further advances
  51. 50 Overriding statutory charges: duty of notification
  52. 51 Effect of completion by registration
  53. 52 Protection of disponees
  54. 53 Powers as sub-chargee
  55. 54 Proceeds of sale: chargee’s duty
  56. 55 Local land charges
  57. 56 Receipt in case of joint proprietors
  58. 57 Entry of right of consolidation
  59. 58 Conclusiveness
  60. 59 Dependent estates
  61. 60 Boundaries
  62. 61 Accretion and diluvion
  63. 62 Power to upgrade title
  64. 63 Effect of upgrading title
  65. 64 Use of register to record defects in title
  66. 65 Alteration of register
  67. 66 Inspection of the registers etc
  68. 67 Official copies of the registers etc
  69. 68 Index
  70. 69 Historical information
  71. 70 Official searches
  72. 71 Duty to disclose unregistered interests
  73. 72 Priority protection
  74. 73 Objections
  75. 74 Effective date of registration
  76. 75 Production of documents
  77. 76 Costs
  78. 77 Duty to act reasonably
  79. 78 Notice of trust not to affect registrar
  80. 79 Voluntary registration of demesne land
  81. 80 Compulsory registration of grants out of demesne land
  82. 81 Demesne land: cautions against first registration
  83. 82 Escheat etc
  84. 83 Crown and Duchy land: representation
  85. 84 Disapplication of requirements relating to Duchy land
  86. 85 Bona vacantia
  87. 85A Overseas entities
  88. 86 Bankruptcy
  89. 87 Pending land actions, writs, orders and deeds of arrangement
  90. 88 Incorporeal hereditaments
  91. 89 Settlements
  92. 90 PPP leases relating to transport in London
  93. 91 Electronic dispositions: formalities
  94. 92 Land registry network
  95. 93 Power to require simultaneous registration
  96. 94 Electronic settlement
  97. 95 Supplementary
  98. 96 Disapplication of periods of limitation
  99. 97 Registration of adverse possessor
  100. 98 Defences
  101. 99 The land registry
  102. 100 Conduct of business
  103. 101 Annual report
  104. 102 Fee orders
  105. 103 Indemnities
  106. 104 General information about land
  107. 105 Services relating to land or other property
  108. 106 Incidental powers: companies
  109. 107 The adjudicator
  110. 108 Jurisdiction
  111. 109 Procedure
  112. 110 Functions in relation to disputes
  113. 111 Appeals
  114. 112 Enforcement of orders etc
  115. 113 Fees
  116. 114 Supplementary
  117. 115 Rights of pre-emption
  118. 116 Proprietary estoppel and mere equities
  119. 117 Reduction in unregistered interests with automatic protection
  120. 118 Power to reduce qualifying term
  121. 119 Power to deregister manors
  122. 120 Conclusiveness of filed copies etc
  123. 121 Forwarding of applications to registrar of companies
  124. 122 Repeal of Land Registry Act 1862
  125. 123 Suppression of information
  126. 124 Improper alteration of the registers
  127. 125 Privilege against self-incrimination
  128. 126 Miscellaneous and general powers
  129. 127 Exercise of powers
  130. 128 Rules, regulations and orders
  131. 129 Crown application
  132. 130 Application to internal waters
  133. 131 “Proprietor in possession”
  134. 132 General interpretation
  135. 133 Minor and consequential amendments
  136. 134 Transition
  137. 135 Repeals
  138. 136 Short title, commencement and extent
  139. SCHEDULE 1 Unregistered interests which override first registration
  140. SCHEDULE 2 Registrable dispositions: registration requirements
  141. SCHEDULE 3 Unregistered interests which override registered dispositions
  142. SCHEDULE 4 Alteration of the register
  143. SCHEDULE 4A Overseas entities
  144. SCHEDULE 5 Land registry network
  145. SCHEDULE 6 Registration of adverse possessor
  146. SCHEDULE 7 The land registry
  147. SCHEDULE 8 Indemnities
  148. SCHEDULE 9 The adjudicator
  149. SCHEDULE 10 Miscellaneous and general powers
  150. SCHEDULE 11 Minor and consequential amendments
  151. SCHEDULE 12 Transition
  152. SCHEDULE 13 Repeals

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152 provisions

Title and introductory text

Land Registration Act 2002 2002 c. 9 An Act to make provision about land registration; and for connected purposes. [26th February 2002] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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1 Register of title

(1) There is to continue to be a register of title kept by the registrar. (2) Rules may make provision about how the register is to be kept and may, in particular, make provision about— (a) the information to be included in the register, (b) the form in which information included in the register is to be kept, and (c) the arrangement of that information.

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2 Scope of title registration

This Act makes provision about the registration of title to— (a) unregistered legal estates which are interests of any of the following kinds— (i) an estate in land, (ii) a rentcharge, (iii) a franchise, (iv) a profit a prendre in gross, and (v) any other interest or charge which subsists for the benefit of, or is a charge on, an interest the title to which is registered; and (b) interests capable of subsisting at law which are created by a disposition of an interest the title to which is registered.

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3 When title may be registered

(1) This section applies to any unregistered legal estate which is an interest of any of the following kinds— (a) an estate in land, (b) a rentcharge, (c) a franchise, and (d) a profit a prendre in gross. (2) Subject to the following provisions, a person may apply to the registrar to be registered as the proprietor of an unregistered legal estate to which this section applies if— (a) the estate is vested in him, or (b) he is entitled to require the estate to be vested in him. (3) Subject to subsection (4), an application under subsection (2) in respect of a leasehold estate may only be made if the estate was granted for a term of which more than seven years are unexpired. (4) In the case of an estate in land, subsection (3) does not apply if the right to possession under the lease is discontinuous. (4A) A person may not make an application under subsection (2) in respect of a leasehold estate in land under a relevant social housing tenancy. (5) A person may not make an application under subsection (2)(a) in respect of a leasehold estate vested in him as a mortgagee where there is a subsisting right of redemption. (6) A person may not make an application under subsection (2)(b) if his entitlement is as a person who has contracted to buy under a contract. (7) If a person holds in the same right both— (a) a lease in possession, and (b) a lease to take effect in possession on, or within a month of, the end of the lease in possession, then, to the extent that they relate to the same land, they are to be treated for the purposes of this section as creating one continuous term.

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4 When title must be registered

(1) The requirement of registration applies on the occurrence of any of the following events— (a) the transfer of a qualifying estate— (i) for valuable or other consideration, by way of gift or in pursuance of an order of any court, . . . (ii) by means of an assent (including a vesting assent); or (iii) giving effect to a partition of land subject to a trust of land; (aa) the transfer of a qualifying estate— (i) by a deed that appoints, or by virtue of section 334 of the Charities Act 2011 has effect as if it appointed, a new trustee or is made in consequence of the appointment of a new trustee, or (ii) by a vesting order under section 44 of the Trustee Act 1925 that is consequential on the appointment of a new trustee; (b) the transfer of an unregistered legal estate in land in circumstances where section 171A of the Housing Act 1985 (c. 68) applies (disposal by landlord which leads to a person no longer being a secure tenant); (c) the grant out of a qualifying estate of an estate in land— (i) for a term of years absolute of more than seven years from the date of the grant, and (ii) for valuable or other consideration, by way of gift or in pursuance of an order of any court; (d) the grant out of a qualifying estate of an estate in land for a term of years absolute to take effect in possession after the end of the period of three months beginning with the date of the grant; (e) the grant of a lease in pursuance of Part 5 of the Housing Act 1985 (the right to buy) out of an unregistered legal estate in land; (f) the grant of a lease out of an unregistered legal estate in land in such circumstances as are mentioned in paragraph (b); (g) the creation of a protected first legal mortgage of a qualifying estate. (2) For the purposes of subsection (1), a qualifying estate is an unregistered legal estate which is— (a) a freehold estate in land, or (b) a leasehold estate in land for a term which, at the time of the transfer, grant or creation, has more than seven years to run. (3) In subsection (1)(a), the reference to transfer does not include transfer by operation of law. (4) Subsection (1)(a) does not apply to— (a) the assignment of a mortgage term, or (b) the assignment or surrender of a lease to the owner of the immediate reversion where the term is to merge in that reversion. (5) Subsection (1)(c) does not apply to the grant of an estate to a person as a mortgagee. (5A) Subsection (1) does not apply to the transfer or grant of a leasehold estate in land under a relevant social housing tenancy. (6) For the purposes of subsection (1)(a) and (c), if the estate transferred or granted has a negative value, it is to be regarded as transferred or granted for valuable or other consideration. (7) In subsection (1)(a) and (c), references to transfer or grant by way of gift include transfer or grant for the purpose of— (a) constituting a trust under which the settlor does not retain the whole of the beneficial interest, or (b) uniting the bare legal title and the beneficial interest in property held under a trust under which the settlor did not, on constitution, retain the whole of the beneficial interest. (8) For the purposes of subsection (1)(g)— (a) a legal mortgage is protected if it takes effect on its creation as a mortgage to be protected by the deposit of documents relating to the mortgaged estate, and (b) a first legal mortgage is one which, on its creation, ranks in priority ahead of any other mortgages then affecting the mortgaged estate. (9) In this section— “land” does not include mines and minerals held apart from the surface; “vesting assent” has the same meaning as in the Settled Land Act 1925 (c. 18).

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5 Power to extend section 4

(1) The Secretary of State may by order— (a) amend section 4 so as to add to the events on the occurrence of which the requirement of registration applies such relevant event as he may specify in the order, and (b) make such consequential amendments of any provision of, or having effect under, any Act as he thinks appropriate. (2) For the purposes of subsection (1)(a), a relevant event is an event relating to an unregistered legal estate which is an interest of any of the following kinds— (a) an estate in land, (b) a rentcharge, (c) a franchise, and (d) a profit a prendre in gross. (3) The power conferred by subsection (1) may not be exercised so as to require the title to an estate granted to a person as a mortgagee to be registered. (4) Before making an order under this section the Secretary of State must consult such persons as he considers appropriate.

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6 Duty to apply for registration of title

(1) If the requirement of registration applies, the responsible estate owner, or his successor in title, must, before the end of the period for registration, apply to the registrar to be registered as the proprietor of the registrable estate. (2) If the requirement of registration applies because of section 4(1)(g)— (a) the registrable estate is the estate charged by the mortgage, and (b) the responsible estate owner is the owner of that estate. (3) If the requirement of registration applies otherwise than because of section 4(1)(g)— (a) the registrable estate is the estate which is transferred or granted, and (b) the responsible estate owner is the transferee or grantee of that estate. (4) The period for registration is 2 months beginning with the date on which the relevant event occurs, or such longer period as the registrar may provide under subsection (5). (5) If on the application of any interested person the registrar is satisfied that there is good reason for doing so, he may by order provide that the period for registration ends on such later date as he may specify in the order. (6) Rules may make provision enabling the mortgagee under any mortgage falling within section 4(1)(g) to require the estate charged by the mortgage to be registered whether or not the mortgagor consents.

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7 Effect of non-compliance with section 6

(1) If the requirement of registration is not complied with, the transfer, grant or creation becomes void as regards the transfer, grant or creation of a legal estate. (2) On the application of subsection (1)— (a) in a case falling within section 4(1)(a) or (b), the title to the legal estate reverts to the transferor who holds it on a bare trust for the transferee, (aa) in a case fallling within section 4(1)(aa), the title to the legal estate reverts to the person in whom it was vested immediately before the transfer, and (b) in a case falling within section 4(1)(c) to (g), the grant or creation has effect as a contract made for valuable consideration to grant or create the legal estate concerned. (3) If an order under section 6(5) is made in a case where subsection (1) has already applied, that application of the subsection is to be treated as not having occurred. (4) The possibility of reverter under subsection (1) is to be disregarded for the purposes of determining whether a fee simple is a fee simple absolute.

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8 Liability for making good void transfers etc

If a legal estate is retransferred, regranted or recreated because of a failure to comply with the requirement of registration, the transferee, grantee or, as the case may be, the mortgagor— (a) is liable to the other party for all the proper costs of and incidental to the retransfer, regrant or recreation of the legal estate, and (b) is liable to indemnify the other party in respect of any other liability reasonably incurred by him because of the failure to comply with the requirement of registration.

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9 Titles to freehold estates

(1) In the case of an application for registration under this Chapter of a freehold estate, the classes of title with which the applicant may be registered as proprietor are— (a) absolute title, (b) qualified title, and (c) possessory title; and the following provisions deal with when each of the classes of title is available. (2) A person may be registered with absolute title if the registrar is of the opinion that the person’s title to the estate is such as a willing buyer could properly be advised by a competent professional adviser to accept. (3) In applying subsection (2), the registrar may disregard the fact that a person’s title appears to him to be open to objection if he is of the opinion that the defect will not cause the holding under the title to be disturbed. (4) A person may be registered with qualified title if the registrar is of the opinion that the person’s title to the estate has been established only for a limited period or subject to certain reservations which cannot be disregarded under subsection (3). (5) A person may be registered with possessory title if the registrar is of the opinion— (a) that the person is in actual possession of the land, or in receipt of the rents and profits of the land, by virtue of the estate, and (b) that there is no other class of title with which he may be registered.

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10 Titles to leasehold estates

(1) In the case of an application for registration under this Chapter of a leasehold estate, the classes of title with which the applicant may be registered as proprietor are— (a) absolute title, (b) good leasehold title, (c) qualified title, and (d) possessory title; and the following provisions deal with when each of the classes of title is available. (2) A person may be registered with absolute title if— (a) the registrar is of the opinion that the person’s title to the estate is such as a willing buyer could properly be advised by a competent professional adviser to accept, and (b) the registrar approves the lessor’s title to grant the lease. (3) A person may be registered with good leasehold title if the registrar is of the opinion that the person’s title to the estate is such as a willing buyer could properly be advised by a competent professional adviser to accept. (4) In applying subsection (2) or (3), the registrar may disregard the fact that a person’s title appears to him to be open to objection if he is of the opinion that the defect will not cause the holding under the title to be disturbed. (5) A person may be registered with qualified title if the registrar is of the opinion that the person’s title to the estate, or the lessor’s title to the reversion, has been established only for a limited period or subject to certain reservations which cannot be disregarded under subsection (4). (6) A person may be registered with possessory title if the registrar is of the opinion— (a) that the person is in actual possession of the land, or in receipt of the rents and profits of the land, by virtue of the estate, and (b) that there is no other class of title with which he may be registered.

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11 Freehold estates

(1) This section is concerned with the registration of a person under this Chapter as the proprietor of a freehold estate. (2) Registration with absolute title has the effect described in subsections (3) to (5). (3) The estate is vested in the proprietor together with all interests subsisting for the benefit of the estate. (4) The estate is vested in the proprietor subject only to the following interests affecting the estate at the time of registration— (a) interests which are the subject of an entry in the register in relation to the estate, (b) unregistered interests which fall within any of the paragraphs of Schedule 1, and (c) interests acquired under the Limitation Act 1980 (c. 58) of which the proprietor has notice. (5) If the proprietor is not entitled to the estate for his own benefit, or not entitled solely for his own benefit, then, as between himself and the persons beneficially entitled to the estate, the estate is vested in him subject to such of their interests as he has notice of. (6) Registration with qualified title has the same effect as registration with absolute title, except that it does not affect the enforcement of any estate, right or interest which appears from the register to be excepted from the effect of registration. (7) Registration with possessory title has the same effect as registration with absolute title, except that it does not affect the enforcement of any estate, right or interest adverse to, or in derogation of, the proprietor’s title subsisting at the time of registration or then capable of arising.

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12 Leasehold estates

(1) This section is concerned with the registration of a person under this Chapter as the proprietor of a leasehold estate. (2) Registration with absolute title has the effect described in subsections (3) to (5). (3) The estate is vested in the proprietor together with all interests subsisting for the benefit of the estate. (4) The estate is vested subject only to the following interests affecting the estate at the time of registration— (a) implied and express covenants, obligations and liabilities incident to the estate, (b) interests which are the subject of an entry in the register in relation to the estate, (c) unregistered interests which fall within any of the paragraphs of Schedule 1, and (d) interests acquired under the Limitation Act 1980 (c. 58) of which the proprietor has notice. (5) If the proprietor is not entitled to the estate for his own benefit, or not entitled solely for his own benefit, then, as between himself and the persons beneficially entitled to the estate, the estate is vested in him subject to such of their interests as he has notice of. (6) Registration with good leasehold title has the same effect as registration with absolute title, except that it does not affect the enforcement of any estate, right or interest affecting, or in derogation of, the title of the lessor to grant the lease. (7) Registration with qualified title has the same effect as registration with absolute title except that it does not affect the enforcement of any estate, right or interest which appears from the register to be excepted from the effect of registration. (8) Registration with possessory title has the same effect as registration with absolute title, except that it does not affect the enforcement of any estate, right or interest adverse to, or in derogation of, the proprietor’s title subsisting at the time of registration or then capable of arising.

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13 Appurtenant rights and charges

Rules may— (a) make provision for the registration of the proprietor of a registered estate as the proprietor of an unregistered legal estate which subsists for the benefit of the registered estate; (b) make provision for the registration of a person as the proprietor of an unregistered legal estate which is a charge on a registered estate.

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14 Rules about first registration

Rules may— (a) make provision about the making of applications for registration under this Chapter; (b) make provision about the functions of the registrar following the making of such an application, including provision about— (i) the examination of title, and (ii) the entries to be made in the register where such an application is approved; (c) make provision about the effect of any entry made in the register in pursuance of such an application.

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15 Right to lodge

(1) Subject to subsection (3), a person may lodge a caution against the registration of title to an unregistered legal estate if he claims to be— (a) the owner of a qualifying estate, or (b) entitled to an interest affecting a qualifying estate. (2) For the purposes of subsection (1), a qualifying estate is a legal estate which— (a) relates to land to which the caution relates, and (b) is an interest of any of the following kinds— (i) an estate in land, (ii) a rentcharge, (iii) a franchise, and (iv) a profit a prendre in gross. (3) No caution may be lodged under subsection (1)— (a) in the case of paragraph (a), by virtue of ownership of— (i) a freehold estate in land, or (ii) a leasehold estate in land granted for a term of which more than seven years are unexpired; (b) in the case of paragraph (b), by virtue of entitlement to such a leasehold estate as is mentioned in paragraph (a)(ii) of this subsection. (4) The right under subsection (1) is exercisable by application to the registrar.

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16 Effect

(1) Where an application for registration under this Part relates to a legal estate which is the subject of a caution against first registration, the registrar must give the cautioner notice of the application and of his right to object to it. (2) The registrar may not determine an application to which subsection (1) applies before the end of such period as rules may provide, unless the cautioner has exercised his right to object to the application or given the registrar notice that he does not intend to do so. (3) Except as provided by this section, a caution against first registration has no effect and, in particular, has no effect on the validity or priority of any interest of the cautioner in the legal estate to which the caution relates. (4) For the purposes of subsection (1), notice given by a person acting on behalf of an applicant for registration under this Part is to be treated as given by the registrar if— (a) the person is of a description provided by rules, and (b) notice is given in such circumstances as rules may provide.

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17 Withdrawal

The cautioner may withdraw a caution against first registration by application to the registrar.

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18 Cancellation

(1) A person may apply to the registrar for cancellation of a caution against first registration if he is— (a) the owner of the legal estate to which the caution relates, or (b) a person of such other description as rules may provide. (2) Subject to rules, no application under subsection (1)(a) may be made by a person who— (a) consented in such manner as rules may provide to the lodging of the caution, or (b) derives title to the legal estate by operation of law from a person who did so. (3) Where an application is made under subsection (1), the registrar must give the cautioner notice of the application and of the effect of subsection (4). (4) If the cautioner does not exercise his right to object to the application before the end of such period as rules may provide, the registrar must cancel the caution.

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19 Cautions register

(1) The registrar must keep a register of cautions against first registration. (2) Rules may make provision about how the cautions register is to be kept and may, in particular, make provision about— (a) the information to be included in the register, (b) the form in which information included in the register is to be kept, and (c) the arrangement of that information.

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20 Alteration of register by court

(1) The court may make an order for alteration of the cautions register for the purpose of— (a) correcting a mistake, or (b) bringing the register up to date. (2) An order under subsection (1) has effect when served on the registrar to impose a duty on him to give effect to it. (3) Rules may make provision about— (a) the circumstances in which there is a duty to exercise the power under subsection (1), (b) the form of an order under that subsection, and (c) service of such an order.

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21 Alteration of register by registrar

(1) The registrar may alter the cautions register for the purpose of— (a) correcting a mistake, or (b) bringing the register up to date. (2) Rules may make provision about— (a) the circumstances in which there is a duty to exercise the power under subsection (1), (b) how the cautions register is to be altered in exercise of that power, (c) applications for the exercise of that power, and (d) procedure in relation to the exercise of that power, whether on application or otherwise. (3) Where an alteration is made under this section, the registrar may pay such amount as he thinks fit in respect of any costs reasonably incurred by a person in connection with the alteration.

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22 Supplementary

In this Chapter, “the cautioner”, in relation to a caution against first registration, means the person who lodged the caution, or such other person as rules may provide.

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23 Owner’s powers

(1) Owner’s powers in relation to a registered estate consist of— (a) power to make a disposition of any kind permitted by the general law in relation to an interest of that description, other than a mortgage by demise or sub-demise, and (b) power to charge the estate at law with the payment of money. (2) Owner’s powers in relation to a registered charge consist of— (a) power to make a disposition of any kind permitted by the general law in relation to an interest of that description, other than a legal sub-mortgage, and (b) power to charge at law with the payment of money indebtedness secured by the registered charge. (3) In subsection (2)(a), “legal sub-mortgage” means— (a) a transfer by way of mortgage, (b) a sub-mortgage by sub-demise, and (c) a charge by way of legal mortgage.

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24 Right to exercise owner’s powers

A person is entitled to exercise owner’s powers in relation to a registered estate or charge if he is— (a) the registered proprietor, or (b) entitled to be registered as the proprietor.

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25 Mode of exercise

(1) A registrable disposition of a registered estate or charge only has effect if it complies with such requirements as to form and content as rules may provide. (2) Rules may apply subsection (1) to any other kind of disposition which depends for its effect on registration.

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26 Protection of disponees

(1) Subject to subsection (2), a person’s right to exercise owner’s powers in relation to a registered estate or charge is to be taken to be free from any limitation affecting the validity of a disposition. (2) Subsection (1) does not apply to a limitation— (a) reflected by an entry in the register, or (b) imposed by, or under, this Act. (3) This section has effect only for the purpose of preventing the title of a disponee being questioned (and so does not affect the lawfulness of a disposition).

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27 Dispositions required to be registered

(1) If a disposition of a registered estate or registered charge is required to be completed by registration, it does not operate at law until the relevant registration requirements are met. (2) In the case of a registered estate, the following are the dispositions which are required to be completed by registration— (a) a transfer, (b) where the registered estate is an estate in land, the grant of a term of years absolute— (i) for a term of more than seven years from the date of the grant, (ii) to take effect in possession after the end of the period of three months beginning with the date of the grant, (iii) under which the right to possession is discontinuous, (iv) in pursuance of Part 5 of the Housing Act 1985 (c. 68) (the right to buy), or (v) in circumstances where section 171A of that Act applies (disposal by landlord which leads to a person no longer being a secure tenant), (c) where the registered estate is a franchise or manor, the grant of a lease, (d) the express grant or reservation of an interest of a kind falling within section 1(2)(a) of the Law of Property Act 1925 (c. 20), other than one which is capable of being registered under Part 1 of the Commons Act 2006, (e) the express grant or reservation of an interest of a kind falling within section 1(2)(b) or (e) of the Law of Property Act 1925, and (f) the grant of a legal charge. (3) In the case of a registered charge, the following are the dispositions which are required to be completed by registration— (a) a transfer, and (b) the grant of a sub-charge. (4) Schedule 2 to this Act (which deals with the relevant registration requirements) has effect. (5) This section applies to dispositions by operation of law as it applies to other dispositions, but with the exception of the following— (a) a transfer on the death or bankruptcy of an individual proprietor, (b) a transfer on the dissolution of a corporate proprietor, and (c) the creation of a legal charge which is a local land charge. (5A) This section does not apply to— (a) the grant of a term of years absolute under a relevant social housing tenancy, or (b) the express grant of an interest falling within section 1(2) of the Law of Property Act 1925, where the interest is created for the benefit of a leasehold estate in land under a relevant social housing tenancy. (6) Rules may make provision about applications to the registrar for the purpose of meeting registration requirements under this section. (7) In subsection (2)(d), the reference to express grant does not include grant as a result of the operation of section 62 of the Law of Property Act 1925 (c. 20).

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28 Basic rule

(1) Except as provided by sections 29 and 30, the priority of an interest affecting a registered estate or charge is not affected by a disposition of the estate or charge. (2) It makes no difference for the purposes of this section whether the interest or disposition is registered.

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29 Effect of registered dispositions: estates

(1) If a registrable disposition of a registered estate is made for valuable consideration, completion of the disposition by registration has the effect of postponing to the interest under the disposition any interest affecting the estate immediately before the disposition whose priority is not protected at the time of registration. (2) For the purposes of subsection (1), the priority of an interest is protected— (a) in any case, if the interest— (i) is a registered charge or the subject of a notice in the register, (ii) falls within any of the paragraphs of Schedule 3, or (iii) appears from the register to be excepted from the effect of registration, and (b) in the case of a disposition of a leasehold estate, if the burden of the interest is incident to the estate. (3) Subsection (2)(a)(ii) does not apply to an interest which has been the subject of a notice in the register at any time since the coming into force of this section. (4) Where the grant of a leasehold estate in land out of a registered estate does not involve a registrable disposition, this section has effect as if— (a) the grant involved such a disposition, and (b) the disposition were registered at the time of the grant.

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30 Effect of registered dispositions: charges

(1) If a registrable disposition of a registered charge is made for valuable consideration, completion of the disposition by registration has the effect of postponing to the interest under the disposition any interest affecting the charge immediately before the disposition whose priority is not protected at the time of registration. (2) For the purposes of subsection (1), the priority of an interest is protected— (a) in any case, if the interest— (i) is a registered charge or the subject of a notice in the register, (ii) falls within any of the paragraphs of Schedule 3, or (iii) appears from the register to be excepted from the effect of registration, and (b) in the case of a disposition of a charge which relates to a leasehold estate, if the burden of the interest is incident to the estate. (3) Subsection (2)(a)(ii) does not apply to an interest which has been the subject of a notice in the register at any time since the coming into force of this section.

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31 Inland Revenue charges

The effect of a disposition of a registered estate or charge on a charge under section 237 of the Inheritance Tax Act 1984 (c. 51) (charge for unpaid tax) is to be determined, not in accordance with sections 28 to 30 above, but in accordance with sections 237(6) and 238 of that Act (under which a purchaser in good faith for money or money’s worth takes free from the charge in the absence of registration).

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32 Nature and effect

(1) A notice is an entry in the register in respect of the burden of an interest affecting a registered estate or charge. (2) The entry of a notice is to be made in relation to the registered estate or charge affected by the interest concerned. (3) The fact that an interest is the subject of a notice does not necessarily mean that the interest is valid, but does mean that the priority of the interest, if valid, is protected for the purposes of sections 29 and 30.

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33 Excluded interests

No notice may be entered in the register in respect of any of the following— (a) an interest under— (i) a trust of land, or (ii) a settlement under the Settled Land Act 1925 (c. 18), (b) a leasehold estate in land which— (i) is granted for a term of years of three years or less from the date of the grant, and (ii) is not required to be registered, (ba) an interest under a relevant social housing tenancy, (c) a restrictive covenant made between a lessor and lessee, so far as relating to the demised premises, (d) an interest which is capable of being registered under Part 1 of the Commons Act 2006, and (e) an interest in any coal or coal mine, the rights attached to any such interest and the rights of any person under section 38, 49 or 51 of the Coal Industry Act 1994 (c. 21).

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34 Entry on application

(1) A person who claims to be entitled to the benefit of an interest affecting a registered estate or charge may, if the interest is not excluded by section 33, apply to the registrar for the entry in the register of a notice in respect of the interest. (2) Subject to rules, an application under this section may be for— (a) an agreed notice, or (b) a unilateral notice. (3) The registrar may only approve an application for an agreed notice if— (a) the applicant is the relevant registered proprietor, or a person entitled to be registered as such proprietor, (b) the relevant registered proprietor, or a person entitled to be registered as such proprietor, consents to the entry of the notice, or (c) the registrar is satisfied as to the validity of the applicant’s claim. (4) In subsection (3), references to the relevant registered proprietor are to the proprietor of the registered estate or charge affected by the interest to which the application relates.

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35 Unilateral notices

(1) If the registrar enters a notice in the register in pursuance of an application under section 34(2)(b) (“a unilateral notice”), he must give notice of the entry to— (a) the proprietor of the registered estate or charge to which it relates, and (b) such other persons as rules may provide. (2) A unilateral notice must— (a) indicate that it is such a notice, and (b) identify who is the beneficiary of the notice. (3) The person shown in the register as the beneficiary of a unilateral notice, or such other person as rules may provide, may apply to the registrar for the removal of the notice from the register.

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36 Cancellation of unilateral notices

(1) A person may apply to the registrar for the cancellation of a unilateral notice if he is— (a) the registered proprietor of the estate or charge to which the notice relates, or (b) a person entitled to be registered as the proprietor of that estate or charge. (2) Where an application is made under subsection (1), the registrar must give the beneficiary of the notice notice of the application and of the effect of subsection (3). (3) If the beneficiary of the notice does not exercise his right to object to the application before the end of such period as rules may provide, the registrar must cancel the notice. (4) In this section— “beneficiary”, in relation to a unilateral notice, means the person shown in the register as the beneficiary of the notice, or such other person as rules may provide; “unilateral notice” means a notice entered in the register in pursuance of an application under section 34(2)(b).

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37 Unregistered interests

(1) If it appears to the registrar that a registered estate is subject to an unregistered interest which— (a) falls within any of the paragraphs of Schedule 1, and (b) is not excluded by section 33, he may enter a notice in the register in respect of the interest. (2) The registrar must give notice of an entry under this section to such persons as rules may provide.

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38 Registrable dispositions

Where a person is entered in the register as the proprietor of an interest under a disposition falling within section 27(2)(b) to (e), the registrar must also enter a notice in the register in respect of that interest.

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39 Supplementary

Rules may make provision about the form and content of notices in the register.

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