Registered Land: The Conveyance of Registered Land

The three parts of the Register

On first registration of title, a title number is allocated by HM Land Registry.  It is subsequently used to identify the land comprised in the title (i.e. the physical extent of the land and the particular estate held in it).  The Register created for each title is sub-divided into three parts: 

  • The Property Register

This describes the property, usually the postal address, and refers to a filed plan of the land from the Ordinance Survey Map. This may also include details of any benefits attached to the land such as any easements.

  • The Proprietorship Register

This identifies the class of title which has been awarded to the land. It contains the name and address of the owner of the land. It shows whether there are any restrictions on the power of the owner to sell or mortgage the land for example. 

  • The Charges Register

A lender will register mortgage charges here that are created by the owner. This register will also give notice of any burdens that are attached to the land.                                                            

Compulsory first registration

The events which must be followed by first registration of title to the estate in question are now: 

  • A conveyance on sale of freehold land (i.e. the fee simple);
  • The grant of a term of years absolute of more than 7 years;
  • The assignment on sale of a lease which has more than 7 years unexpired at the date of the assignment
  • The creation of a first legal mortgage of the fee simple or of a lease of more than 7 years
  • Gifts made through a trust that is to be carried out during the testator’s lifetimes
  • Dispositions under a court order (e.g. following a divorce). 

If the requirement for registration applies, application must be made to the registrar within 2 months, beginning with the date on which the relevant event occurred.

Voluntary registration

By s 3, a person may apply to be registered as the owner of an unregistered legal estate if: 

  • The estate is vested in him, or
  • He is entitled to require the estate to be vested in him.

An application in respect of a leasehold estate may only be made if the estate was granted for a term of more than 7 years and those years are unexpired. 

Categories of interest in registered land

The most important interests that must be registered in their own right and will therefore have their own title number are: 

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For more information on:

  • Absolute
  • Possessory
  • Interests protected by entry on the Register (minor interests)
  • Notices
  • Restrictions
  • The consequences of failure to register
  • Alteration of the Register and indemnity