Legalize / United Kingdom / Public General Act

Land Registration Act 2002

Type Public General Act

Publication 2002-02-26

Last updated 2023-10-26

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(6) Subsection (5) only applies if the relevant registration requirements are met in relation to the disposition, but, when they are met, has effect as from the date of the disposition.

(7) Nothing in this section requires a person to whom a registrable disposition is made to make any search under the Land Charges Act 1972.

Pending land actions, writs, orders and deeds of arrangement

87

(1) Subject to the following provisions, references in this Act to an interest affecting an estate or charge include—

(a) a pending land action within the meaning of the Land Charges Act 1972,

(b) a writ or order of the kind mentioned in section 6(1)(a) of that Act (writ or order affecting land issued or made by any court for the purposes of enforcing a judgment or recognisance),and

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) No notice may be entered in the register in respect of—

(a) an order appointing a receiver or sequestrator,...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) None of the matters mentioned in subsection (1) shall be capable of falling within paragraph 2 of Schedule 1 or 3.

(4) In its application to any of the matters mentioned in subsection (1), this Act shall have effect subject to such modifications as rules may provide.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

Incorporeal hereditaments

88

In its application to—

(a) rentcharges,

(b) franchises,

(d) manors,

this Act shall have effect subject to such modification as rules may provide.

Settlements

89

(1) Rules may make provision for the purposes of this Act in relation to the application to registered land of the enactments relating to settlements under the Settled Land Act 1925 (c. 18).

(2) Rules under this section may include provision modifying any of those enactments in its application to registered land.

(3) In this section, “registered land” means an interest the title to which is, or is required to be, registered.

PPP leases relating to transport in London

90

(1) No application for registration under section 3 may be made in respect of a leasehold estate in land under a PPP lease.

(2) The requirement of registration does not apply on the grant or transfer of a leasehold estate in land under a PPP lease.

(3) For the purposes of section 27, the following are not dispositions requiring to be completed by registration—

(a) the grant of a term of years absolute under a PPP lease;

(b) the express grant of an interest falling within section 1(2) of the Law of Property Act 1925 (c. 20), where the interest is created for the benefit of a leasehold estate in land under a PPP lease.

(4) No notice may be entered in the register in respect of an interest under a PPP lease.

(5) Schedules 1 and 3 have effect as if they included a paragraph referring to a PPP lease.

(6) In this section, “PPP lease” has the meaning given by section 218 of the Greater London Authority Act 1999 (c. 29) (which makes provision about leases created for public-private partnerships relating to transport in London).

Part 8 — Electronic conveyancing

Electronic dispositions: formalities

91

(1) This section applies to a document in electronic form where—

(a) the document purports to effect a disposition which falls within subsection (2), and

(b) the conditions in subsection (3) are met.

(2) A disposition falls within this subsection if it is—

(a) a disposition of a registered estate or charge,

(b) a disposition of an interest which is the subject of a notice in the register, or

which is of a kind specified by rules.

(3) The conditions referred to above are that—

(a) the document makes provision for the time and date when it takes effect,

(b) the document has the electronic signature of each person by whom it purports to be authenticated,

(d) such other conditions as rules may provide are met.

(4) A document to which this section applies is to be regarded as—

(a) in writing, and

(b) signed by each individual, and sealed by each corporation, whose electronic signature it has.

(5) A document to which this section applies is to be regarded for the purposes of any enactment as a deed.

(6) If a document to which this section applies is authenticated by a person as agent, it is to be regarded for the purposes of any enactment as authenticated by him under the written authority of his principal.

(7) If notice of an assignment made by means of a document to which this section applies is given in electronic form in accordance with rules, it is to be regarded for the purposes of any enactment as given in writing.

(8) The right conferred by section 75 of the Law of Property Act 1925 (c. 20) (purchaser’s right to have the execution of a conveyance attested) does not apply to a document to which this section applies.

(9) In relation to the execution of a document by a company in accordance with section 44(2) of the Companies Act 2006 (signature on behalf of the company)—

(a) subsection (4) above has effect in relation to paragraph (a) of that provision (signature by two authorised signatories) but not paragraph (b) (signature by director in presence of witness);

(b) the other provisions of section 44 apply accordingly (the references to a document purporting to be signed in accordance with subsection (2) of that section being read as references to its purporting to be authenticated in accordance with this section);

(c) where subsection (4) above has effect in relation to a person signing on behalf of more than one company, the requirement of subsection (6) of that section is treated as met if the document specifies the different capacities in which the person signs.

(9A) If subsection (3) of section 53 of the Co-operative and Community Benefit Societies Act 2014 (execution of documents) applies to a document because of subsection (4) above, subsection (5) of that section (presumption of due execution) shall have effect in relation to the document with the substitution of “ authenticated ” for “signed”.

(10) In this section, references to an electronic signature and to the certification of such a signature are to be read in accordance with section 7(2) and (3) of the Electronic Communications Act 2000 (c. 7).

Land registry network

92

(1) The registrar may provide, or arrange for the provision of, an electronic communications network for use for such purposes as he thinks fit relating to registration or the carrying on of transactions which—

(a) involve registration, and

(b) are capable of being effected electronically.

(2) Schedule 5 (which makes provision in connection with a network provided under subsection (1) and transactions carried on by means of such a network) has effect.

Power to require simultaneous registration

93

(1) This section applies to a disposition of—

(a) a registered estate or charge, or

(b) an interest which is the subject of a notice in the register,

where the disposition is of a description specified by rules.

(2) A disposition to which this section applies, or a contract to make such a disposition, only has effect if it is made by means of a document in electronic form and if, when the document purports to take effect—

(a) it is electronically communicated to the registrar, and

(b) the relevant registration requirements are met.

(3) For the purposes of subsection (2)(b), the relevant registration requirements are—

(a) in the case of a registrable disposition, the requirements under Schedule 2, and

(b) in the case of any other disposition, or a contract, such requirements as rules may provide.

(4) Section 27(1) does not apply to a disposition to which this section applies.

(5) Before making rules under this section the Secretary of State must consult such persons as he considers appropriate.

(6) In this section, “disposition”, in relation to a registered charge, includes postponement.

Electronic settlement

94

The registrar may take such steps as he thinks fit for the purpose of securing the provision of a system of electronic settlement in relation to transactions involving registration.

Supplementary

95

Rules may—

(a) make provision about the communication of documents in electronic form to the registrar;

(b) make provision about the electronic storage of documents communicated to the registrar in electronic form.

Part 9 — Adverse possession

Disapplication of periods of limitation

96

(1) No period of limitation under section 15 of the Limitation Act 1980 (c. 58) (time limits in relation to recovery of land) shall run against any person, other than a chargee, in relation to an estate in land or rentcharge the title to which is registered.

(2) No period of limitation under section 16 of that Act (time limits in relation to redemption of land) shall run against any person in relation to such an estate in land or rentcharge.

(3) Accordingly, section 17 of that Act (extinction of title on expiry of time limit) does not operate to extinguish the title of any person where, by virtue of this section, a period of limitation does not run against him.

Registration of adverse possessor

97

Schedule 6 (which makes provision about the registration of an adverse possessor of an estate in land or rentcharge) has effect.

Defences

98

(1) A person has a defence to an action for possession of land if—

(a) on the day immediately preceding that on which the action was brought he was entitled to make an application under paragraph 1 of Schedule 6 to be registered as the proprietor of an estate in the land, and

(b) had he made such an application on that day, the condition in paragraph 5(4) of that Schedule would have been satisfied.

(2) A judgment for possession of land ceases to be enforceable at the end of the period of two years beginning with the date of the judgment if the proceedings in which the judgment is given were commenced against a person who was at that time entitled to make an application under paragraph 1 of Schedule 6.

(3) A person has a defence to an action for possession of land if on the day immediately preceding that on which the action was brought he was entitled to make an application under paragraph 6 of Schedule 6 to be registered as the proprietor of an estate in the land.

(4) A judgment for possession of land ceases to be enforceable at the end of the period of two years beginning with the date of the judgment if, at the end of that period, the person against whom the judgment was given is entitled to make an application under paragraph 6 of Schedule 6 to be registered as the proprietor of an estate in the land.

(5) Where in any proceedings a court determines that—

(a) a person is entitled to a defence under this section, or

(b) a judgment for possession has ceased to be enforceable against a person by virtue of subsection (4),

the court must order the registrar to register him as the proprietor of the estate in relation to which he is entitled to make an application under Schedule 6.

(6) The defences under this section are additional to any other defences a person may have.

(7) Rules may make provision to prohibit the recovery of rent due under a rentcharge from a person who has been in adverse possession of the rentcharge.

Part 10 — Land registry

Administration

The land registry

99

(1) There is to continue to be an office called Her Majesty’s Land Registry which is to deal with the business of registration under this Act.

(2) The land registry is to consist of—

(a) the Chief Land Registrar, who is its head, and

(b) the staff appointed by him;

and references in this Act to a member of the land registry are to be read accordingly.

(3) The Secretary of State shall appoint a person to be the Chief Land Registrar.

(4) Schedule 7 (which makes further provision about the land registry) has effect.

Conduct of business

100

(1) Any function of the registrar may be carried out by any member of the land registry who is authorised for the purpose by the registrar.

(2) The Secretary of State may by regulations make provision about the carrying out of functions during any vacancy in the office of registrar.

(2A) Subsections (1) and (2) apply to all functions of the registrar, whether or not conferred by this Act.

(3) The Secretary of State may by order designate a particular office of the land registry as the proper office for the receipt of applications or a specified description of application.

(4) The registrar may prepare and publish such forms and directions as he considers necessary or desirable for facilitating the conduct of the business of registration under this Act.

Annual report

101

(1) The registrar must make an annual report on the business of the land registry to the Secretary of State.

(2) The registrar must publish every report under this section and may do so in such manner as he thinks fit.

(3) The Secretary of State must lay copies of every report under this section before Parliament.

Fees and indemnities

Fee orders

102

The Secretary of State may with the advice and assistance of the body referred to in section 127(2) (the Rule Committee), and the consent of the Treasury, by order—

(a) prescribe fees to be paid in respect of dealings with the land registry, except under section 69(3)(b) or 105;

(b) make provision about the payment of prescribed fees.

Indemnities

103

Schedule 8 (which makes provision for the payment of indemnities by the registrar) has effect.

Miscellaneous

General information about land

104

The registrar may publish information about land in England and Wales if it appears to him to be information in which there is legitimate public interest.

Consultancy and advisory services

105

(1) The registrar may provide, or arrange for the provision of—

(a) consultancy or advisory services about land or other property in England and Wales or elsewhere,

(b) information services about land or other property in England and Wales, or

(2) The terms on which services are provided under this section by the registrar, in particular terms as to payment, shall be such as he thinks fit.

Incidental powers: companies

106

(1) If the registrar considers it expedient to do so in connection with his functions under section 69(3)(a), 92(1), 94 or 105(1) or paragraph 10 of Schedule 5, or under the Local Land Charges Act 1975,he may—

(a) form, or participate in the formation of, a company, or

(b) purchase, or invest in, a company.

(2) In this section—

“company” means a company as defined in section 1(1) of the Companies Act 2006;

“invest” means invest in any way (whether by acquiring assets, securities or rights or otherwise).

(3) This section is without prejudice to any powers of the registrar exercisable otherwise than by virtue of this section.

Part 11 — Adjudication

The adjudicator

107

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Jurisdiction

108

(1) The First-tier Tribunal has the following functions—

(a) determining matters referred to it under section 73(7), and

(b) determining appeals under paragraph 4 of Schedule 5.

(2) Also, the First-tier Tribunal may, on application, make any order which the High Court could make for the rectification or setting aside of a document which—

(a) effects a qualifying disposition of a registered estate or charge,

(b) is a contract to make such a disposition, or

(3) For the purposes of subsection (2)(a), a qualifying disposition is—

(a) a registrable disposition, or

(b) a disposition which creates an interest which may be the subject of a notice in the register.

(4) The general law about the effect of an order of the High Court for the rectification or setting aside of a document shall apply to an order under this section.

(5) The Lord Chancellor may require the registrar to make payments towards expenses of the Lord Chancellor in support of the functions conferred on the First-tier Tribunal by this section.

Procedure

109

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Functions in relation to disputes

110

(1) In proceedings on a reference under section 73(7), the First-tier Tribunal may, instead of deciding a matter ..., direct a party to the proceedings to commence proceedings within a specified time in the court for the purpose of obtaining the court’s decision on the matter.

(2) Tribunal Procedure Rules may make provision about the reference under subsection (1) of matters to the court and may, in particular, make provision about—

(a) adjournment of the proceedings before the First-tier Tribunal pending the outcome of the proceedings before the court, and

(b) the powers of the First-tier Tribunal in the event of failure to comply with a direction under subsection (1).

(3) Tribunal Procedure Rules may make provision about the functions of the First-tier Tribunal in consequence of a decision on a reference under section 73(7) and may, in particular, make provision enabling the First-tier Tribunal to determine, or give directions about the determination of—

(a) the application to which the reference relates, or

(b) such other present or future application to the registrar as Tribunal Procedure Rules may provide.

(4) If, in the case of a reference under section 73(7) relating to an application under paragraph 1 of Schedule 6, the First-tier Tribunal determines that it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to dispossess the applicant, but that the circumstances are not such that the applicant ought to be registered as proprietor, the First-tier Tribunal—

(a) must determine how the equity due to the applicant is to be satisfied, and

(b) may for that purpose make any order that the High Court could make in the exercise of its equitable jurisdiction.

Appeals

111

(1) Subject to this section, a person aggrieved by a decision of the First-tier Tribunal under this Act may appeal to the Upper Tribunal.

(2) An appeal may not be brought under subsection (1) on a point of law (as to which see instead section 11 of the Tribunals, Courts and Enforcement Act 2007 (right of appeal to Upper Tribunal)).

(2A) An appeal may not be brought under subsection (1) in the case of a decision under paragraph 4 of Schedule 5 (but this does not prevent an appeal on a point of law under section 11 of the Tribunals, Courts and Enforcement Act 2007).

(2B) An appeal may not be brought under subsection (1) if the decision is set aside under section 9 of the Tribunals, Courts and Enforcement Act 2007 (review of decision of First-tier Tribunal).

(2C) An appeal may be brought under subsection (1) only if, on an application made by the person concerned, the First-tier Tribunal or Upper Tribunal has given its permission for the appeal to be brought.

(3) If on an appeal under this section or under section 11 of the Tribunals, Courts and Enforcement Act 2007 relating to an application under paragraph 1 of Schedule 6 the Upper Tribunal determines that it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to dispossess the applicant, but that the circumstances are not such that the applicant ought to be registered as proprietor, the Upper Tribunal must determine how the equity due to the applicant is to be satisfied.

(4) In any case where the Upper Tribunal is determining an appeal under subsection (1), section 12(2) to (4) of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to the Upper Tribunal) apply.

Enforcement of orders etc

112

A requirement of the First-tier Tribunal shall be enforceable as an order of the court.

Fees

113

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Supplementary

114

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Part 12 — Miscellaneous and general

Miscellaneous

Rights of pre-emption

115

(1) A right of pre-emption in relation to registered land has effect from the time of creation as an interest capable of binding successors in title (subject to the rules about the effect of dispositions on priority).

(2) This section has effect in relation to rights of pre-emption created on or after the day on which this section comes into force.

Proprietary estoppel and mere equities

116

It is hereby declared for the avoidance of doubt that, in relation to registered land, each of the following—

(a) an equity by estoppel, and

(b) a mere equity,

has effect from the time the equity arises as an interest capable of binding successors in title (subject to the rules about the effect of dispositions on priority).

Reduction in unregistered interests with automatic protection

117

(1) Paragraphs 10 to 14 of Schedules 1 and 3 shall cease to have effect at the end of the period of ten years beginning with the day on which those Schedules come into force.

(2) If made before the end of the period mentioned in subsection (1), no fee may be charged for—

(a) an application to lodge a caution against first registration by virtue of an interest falling within any of paragraphs 10 to 14 of Schedule 1, or

(b) an application for the entry in the register of a notice in respect of an interest falling within any of paragraphs 10 to 14 of Schedule 3.

Power to reduce qualifying term

118

(1) The Secretary of State may by order substitute for the term specified in any of the following provisions—

(a) section 3(3),

(b) section 4(1)(c)(i) and (2)(b),

(d) section 27(2)(b)(i),

(e) section 80(1)(b)(i),

(f) paragraph 1 of Schedule 1,

(g) paragraphs 4(1), 5(1) and 6(1) of Schedule 2, and

(h) paragraph 1 of Schedule 3,

such shorter term as he thinks fit.

(2) An order under this section may contain such transitional provision as the Secretary of State thinks fit.

(3) Before making an order under this section, the Secretary of State must consult such persons as he considers appropriate.

Power to deregister manors

119

On the application of the proprietor of a registered manor, the registrar may remove the title to the manor from the register.

Conclusiveness of filed copies etc

120

(1) This section applies where—

(a) a disposition relates to land to which a registered estate relates, and

(b) an entry in the register relating to the registered estate refers to a document kept by the registrar which is not an original.

(2) As between the parties to the disposition, the document kept by the registrar is to be taken—

(a) to be correct, and

(b) to contain all the material parts of the original document.

(3) No party to the disposition may require production of the original document.

(4) No party to the disposition is to be affected by any provision of the original document which is not contained in the document kept by the registrar.

Forwarding of applications to registrar of companies

121

(1) The Secretary of State may by rules make provision about the transmission by the registrar to the registrar of companies of applications under—

(a) Part 25 of the Companies Act 2006 (registration of charges over property of companies registered in the United Kingdom), or

(b) regulations under section 1052 of that Act (registration of charges over property in the United Kingdom of overseas companies).

(2) In subsection (1) “ the registrar of companies ” has the same meaning as in the Companies Acts (see section 1060 of the Companies Act 2006).

Repeal of Land Registry Act 1862

122

(1) The Land Registry Act 1862 (c. 53) shall cease to have effect.

(2) The registrar shall have custody of records of title made under that Act.

(3) The registrar may discharge his duty under subsection (2) by keeping the relevant information in electronic form.

(4) The registrar may on application provide a copy of any information included in a record of title made under that Act.

(5) Rules may make provision about applications for the exercise of the power conferred by subsection (4).

Offences etc.

Suppression of information

123

(1) A person commits an offence if in the course of proceedings relating to registration under this Act he suppresses information with the intention of—

(a) concealing a person’s right or claim, or

(b) substantiating a false claim.

(2) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine;

(b) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.

Improper alteration of the registers

124

(1) A person commits an offence if he dishonestly induces another—

(a) to change the register of title or cautions register, or

(b) to authorise the making of such a change.

(2) A person commits an offence if he intentionally or recklessly makes an unauthorised change in the register of title or cautions register.

(3) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine;

(b) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.

(4) In this section, references to changing the register of title include changing a document referred to in it.

Privilege against self-incrimination

125

(1) The privilege against self-incrimination, so far as relating to offences under this Act, shall not entitle a person to refuse to answer any question or produce any document or thing in any legal proceedings other than criminal proceedings.

(2) No evidence obtained under subsection (1) shall be admissible in any criminal proceedings under this Act against the person from whom it was obtained or that person’s spouse or civil partner .

Land registration rules

Miscellaneous and general powers

126

Schedule 10 (which contains miscellaneous and general land registration rule-making powers) has effect.

Exercise of powers

127

(1) Power to make land registration rules is exercisable by the Secretary of State with the advice and assistance of the Rule Committee.

(2) The Rule Committee is a body consisting of—

(a) a judge of the Chancery Division of the High Court nominated by the Lord Chief Justice, or a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him, after consulting the Lord Chancellor ,

(b) the registrar,

(d) a person nominated by the Council of the Law Society,

(e) a person nominated by the Council of Mortgage Lenders,

(f) a person nominated by the Council of Licensed Conveyancers,

(g) a person nominated by the Royal Institution of Chartered Surveyors,

(h) a person with experience in, and knowledge of, consumer affairs nominated by the Secretary of State , and

(i) any person nominated under subsection (3).

(3) The Secretary of State may nominate to be a member of the Rule Committee any person who appears to him to have qualifications or experience which would be of value to the committee in considering any matter with which it is concerned.

Supplementary

Rules, regulations and orders

128

(1) Any power of the Lord Chancellor or the Secretary of State to make rules, regulations or orders under this Act includes power to make different provision for different cases.

(2) Any power of the Lord Chancellor or the Secretary of State to make rules, regulations or orders under this Act is exercisable by statutory instrument.

(3) A statutory instrument containing—

(a) regulations under section 100(2), or

(b) an order under section 100(3), 102 or 113,

is to be laid before Parliament after being made.

(4) A statutory instrument containing—

(a) land registration rules,

(b) rules under section 121, ...,

(d) an order under section 5(1), 62(9), 80(4), 118(1) or 130, , or

(e) regulations under paragraph 3(3) or 5(2) of Schedule 4A.

is subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Rules under section 93 or paragraph 1, 2 or 3 of Schedule 5 shall not be made unless a draft of the rules has been laid before and approved by resolution of each House of Parliament.

Crown application

129

This Act binds the Crown.

Application to internal waters

130

This Act applies to land covered by internal waters of the United Kingdom which are—

(a) within England or Wales, or

(b) adjacent to England or Wales and specified for the purposes of this section by order made by the Secretary of State.

“Proprietor in possession”

131

(1) For the purposes of this Act, land is in the possession of the proprietor of a registered estate in land if it is physically in his possession, or in that of a person who is entitled to be registered as the proprietor of the registered estate.

(2) In the case of the following relationships, land which is (or is treated as being) in the possession of the second-mentioned person is to be treated for the purposes of subsection (1) as in the possession of the first-mentioned person—

(a) landlord and tenant;

(b) mortgagor and mortgagee;

(d) trustee and beneficiary.

(3) In subsection (1), the reference to entitlement does not include entitlement under Schedule 6.

General interpretation

132

(1) In this Act—

“ assured tenancy ” has the same meaning as in Part 1 of the Housing Act 1988;

“caution against first registration” means a caution lodged under section 15;

“cautions register” means the register kept under section 19(1);

“charge” means any mortgage, charge or lien for securing money or money’s worth;

“demesne land” means land belonging to Her Majesty in right of the Crown which is not held for an estate in fee simple absolute in possession;

“dwelling-house” has the same meaning as in Part 1 of the Housing Act 1988;

“flexible tenancy” has the meaning given by section 107A of the Housing Act 1985;

“land” includes—buildings and other structures,land covered with water, andmines and minerals, whether or not held with the surface;

“land registration rules” means any rules under this Act, other than rules under section 93, Part 11, section 121 or paragraph 1, 2 or 3 of Schedule 5;

“legal estate” has the same meaning as in the Law of Property Act 1925 (c. 20);

“legal mortgage” has the same meaning as in the Law of Property Act 1925;

“long tenancy ” means a tenancy granted for a term certain of more than 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture;

“mines and minerals” includes any strata or seam of minerals or substances in or under any land, and powers of working and getting any such minerals or substances;

“registrar” means the Chief Land Registrar;

“register” means the register of title, except in the context of cautions against first registration;

“registered” means entered in the register;

“registered charge” means a charge the title to which is entered in the register;

“registered estate” means a legal estate the title to which is entered in the register, other than a registered charge;

“registered land” means a registered estate or registered charge;

“registrable disposition” means a disposition which is required to be completed by registration under section 27;

“relevant social housing tenancy ” means— (a) a flexible tenancy, or(b) an assured tenancy of a dwelling-house in England granted by a private registered provider of social housing, other than a long tenancy or a shared ownership lease;

“requirement of registration” means the requirement of registration under section 4;

“ shared ownership lease ” means a lease of a dwelling-house— (a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or(b) under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house;

“sub-charge” means a charge under section 23(2)(b);

“term of years absolute” has the same meaning as in the Law of Property Act 1925 (c. 20);

“valuable consideration” does not include marriage consideration or a nominal consideration in money.

(2) In subsection (1), in the definition of “demesne land”, the reference to land belonging to Her Majesty does not include land in relation to which a freehold estate in land has determined, but in relation to which there has been no act of entry or management by the Crown.

(3) In this Act—

(a) references to the court are to the High Court or the county court,

(b) references to an interest affecting an estate or charge are to an adverse right affecting the title to the estate or charge, and

Final provisions

Minor and consequential amendments

133

Schedule 11 (which makes minor and consequential amendments) has effect.

Transition

134

(1) The Secretary of State may by order make such transitional provisions and savings as he thinks fit in connection with the coming into force of any of the provisions of this Act.

(2) Schedule 12 (which makes transitional provisions and savings) has effect.

(3) Nothing in Schedule 12 affects the power to make transitional provisions and savings under subsection (1); and an order under that subsection may modify any provision made by that Schedule.

Repeals

135

The enactments specified in Schedule 13 (which include certain provisions which are already spent) are hereby repealed to the extent specified there.

Short title, commencement and extent

136

(1) This Act may be cited as the Land Registration Act 2002.

(2) This Act shall come into force on such day as the Lord Chancellor may by order appoint, and different days may be so appointed for different purposes.

(3) Subject to subsection (4), this Act extends to England and Wales only.

(4) Any amendment or repeal by this Act of an existing enactment, other than—

(a) section 37 of the Requisitioned Land and War Works Act 1945 (c. 43), and

(b) Schedule 2A to the Building Societies Act 1986 (c. 53),

has the same extent as the enactment amended or repealed.

SCHEDULE 1

Leasehold estates in land

1

A leasehold estate in land granted for a term not exceeding seven years from the date of the grant, except for a lease the grant of which falls within section 4(1) (d), (e) or (f).

Interests of persons in actual occupation

2

An interest belonging to a person in actual occupation, so far as relating to land of which he is in actual occupation, except for an interest under a settlement under the Settled Land Act 1925 (c. 18).

Easements and profits a prendre

3

A legal easement or profit a prendre.

Customary and public rights

4

A customary right.

5

A public right.

Local land charges

6

A local land charge.

Mines and minerals

7

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).

8

In the case of land to which title was registered before 1898, rights to mines and minerals (and incidental rights) created before 1898.

9

In the case of land to which title was registered between 1898 and 1925 inclusive, rights to mines and minerals (and incidental rights) created before the date of registration of the title.

Miscellaneous

10

A franchise.

11

A manorial right.

12

A right to rent which was reserved to the Crown on the granting of any freehold estate (whether or not the right is still vested in the Crown).

13

A non-statutory right in respect of an embankment or sea or river wall.

14

A right to payment in lieu of tithe.

SCHEDULE 2

Part 1 — Registered estates

Introductory

1

This Part deals with the registration requirements relating to those dispositions of registered estates which are required to be completed by registration.

Transfer

2

(1) In the case of a transfer of whole or part, the transferee, or his successor in title, must be entered in the register as the proprietor.

(2) In the case of a transfer of part, such details of the transfer as rules may provide must be entered in the register in relation to the registered estate out of which the transfer is made.

Lease of estate in land

3

(1) This paragraph applies to a disposition consisting of the grant out of an estate in land of a term of years absolute.

(2) In the case of a disposition to which this paragraph applies—

(a) the grantee, or his successor in title, must be entered in the register as the proprietor of the lease, and

(b) a notice in respect of the lease must be entered in the register.

Lease of franchise or manor

4

(1) This paragraph applies to a disposition consisting of the grant out of a franchise or manor of a lease for a term of more than seven years from the date of the grant.

(2) In the case of a disposition to which this paragraph applies—

(a) the grantee, or his successor in title, must be entered in the register as the proprietor of the lease, and

(b) a notice in respect of the lease must be entered in the register.

5

(1) This paragraph applies to a disposition consisting of the grant out of a franchise or manor of a lease for a term not exceeding seven years from the date of the grant.

(2) In the case of a disposition to which this paragraph applies, a notice in respect of the lease must be entered in the register.

Creation of independently registrable legal interest

6

(1) This paragraph applies to a disposition consisting of the creation of a legal rentcharge or profit a prendre in gross, other than one created for, or for an interest equivalent to, a term of years absolute not exceeding seven years from the date of creation.

(2) In the case of a disposition to which this paragraph applies—

(a) the grantee, or his successor in title, must be entered in the register as the proprietor of the interest created, and

(b) a notice in respect of the interest created must be entered in the register.

(3) In sub-paragraph (1), the reference to a legal rentcharge or profit a prendre in gross is to one falling within section 1(2) of the Law of Property Act 1925 (c. 20).

Creation of other legal interest

7

(1) This paragraph applies to a disposition which—

(a) consists of the creation of an interest of a kind falling within section 1(2)(a), (b) or (e) of the Law of Property Act 1925, and

(b) is not a disposition to which paragraph 4, 5 or 6 applies.

(2) In the case of a disposition to which this paragraph applies—

(a) a notice in respect of the interest created must be entered in the register, and

(b) if the interest is created for the benefit of a registered estate, the proprietor of the registered estate must be entered in the register as its proprietor.

(3) Rules may provide for sub-paragraph (2) to have effect with modifications in relation to a right of entry over or in respect of a term of years absolute.

Creation of legal charge

8

In the case of the creation of a charge, the chargee, or his successor in title, must be entered in the register as the proprietor of the charge.

Part 2 — Registered charges

Introductory

9

This Part deals with the registration requirements relating to those dispositions of registered charges which are required to be completed by registration.

Transfer

10

In the case of a transfer, the transferee, or his successor in title, must be entered in the register as the proprietor.

Creation of sub-charge

11

In the case of the creation of a sub-charge, the sub-chargee, or his successor in title, must be entered in the register as the proprietor of the sub-charge.

SCHEDULE 3

Leasehold estates in land

1

A leasehold estate in land granted for a term not exceeding seven years from the date of the grant, except for—

(a) a lease the grant of which falls within section 4(1)(d), (e) or (f);

(b) a lease the grant of which constitutes a registrable disposition.

Interests of persons in actual occupation

2

An interest belonging at the time of the disposition to a person in actual occupation, so far as relating to land of which he is in actual occupation, except for—

(a) an interest under a settlement under the Settled Land Act 1925 (c. 18);

(b) an interest of a person of whom inquiry was made before the disposition and who failed to disclose the right when he could reasonably have been expected to do so;

(i) which belongs to a person whose occupation would not have been obvious on a reasonably careful inspection of the land at the time of the disposition, and

(ii) of which the person to whom the disposition is made does not have actual knowledge at that time;

(d) a leasehold estate in land granted to take effect in possession after the end of the period of three months beginning with the date of the grant and which has not taken effect in possession at the time of the disposition.

Easements and profits a prendre

3

(1) A legal easement or profit a prendre, except for an easement, or a profit a prendre which is not registered under Part 1 of the Commons Act 2006, which at the time of the disposition—

(a) is not within the actual knowledge of the person to whom the disposition is made, and

(b) would not have been obvious on a reasonably careful inspection of the land over which the easement or profit is exercisable.

(2) The exception in sub-paragraph (1) does not apply if the person entitled to the easement or profit proves that it has been exercised in the period of one year ending with the day of the disposition.

Customary and public rights

4

A customary right.

5

A public right.

Local land charges

6

A local land charge.

Mines and minerals

7

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).

8

In the case of land to which title was registered before 1898, rights to mines and minerals (and incidental rights) created before 1898.

9

In the case of land to which title was registered between 1898 and 1925 inclusive, rights to mines and minerals (and incidental rights) created before the date of registration of the title.

Miscellaneous

10

A franchise.

11

A manorial right.

12

A right to rent which was reserved to the Crown on the granting of any freehold estate (whether or not the right is still vested in the Crown).

13

A non-statutory right in respect of an embankment or sea or river wall.

14

A right to payment in lieu of tithe.

SCHEDULE 4

Introductory

1

In this Schedule, references to rectification, in relation to alteration of the register, are to alteration which—

(a) involves the correction of a mistake, and

(b) prejudicially affects the title of a registered proprietor.

Alteration pursuant to a court order

2

(1) The court may make an order for alteration of the register for the purpose of—

(a) correcting a mistake,

(b) bringing the register up to date, or

(2) An order under this paragraph has effect when served on the registrar to impose a duty on him to give effect to it.

3

(1) This paragraph applies to the power under paragraph 2, so far as relating to rectification.

(2) If alteration affects the title of the proprietor of a registered estate in land, no order may be made under paragraph 2 without the proprietor’s consent in relation to land in his possession unless—

(a) he has by fraud or lack of proper care caused or substantially contributed to the mistake, or

(b) it would for any other reason be unjust for the alteration not to be made.

(3) If in any proceedings the court has power to make an order under paragraph 2, it must do so, unless there are exceptional circumstances which justify its not doing so.

(4) In sub-paragraph (2), the reference to the title of the proprietor of a registered estate in land includes his title to any registered estate which subsists for the benefit of the estate in land.

4

Rules may—

(a) make provision about the circumstances in which there is a duty to exercise the power under paragraph 2, so far as not relating to rectification;

(b) make provision about the form of an order under paragraph 2;

Alteration otherwise than pursuant to a court order

5

The registrar may alter the register for the purpose of—

(a) correcting a mistake,

(b) bringing the register up to date,

(d) removing a superfluous entry.

6

(1) This paragraph applies to the power under paragraph 5, so far as relating to rectification.

(2) No alteration affecting the title of the proprietor of a registered estate in land may be made under paragraph 5 without the proprietor’s consent in relation to land in his possession unless—

(a) he has by fraud or lack of proper care caused or substantially contributed to the mistake, or

(b) it would for any other reason be unjust for the alteration not to be made.

(3) If on an application for alteration under paragraph 5 the registrar has power to make the alteration, the application must be approved, unless there are exceptional circumstances which justify not making the alteration.

(4) In sub-paragraph (2), the reference to the title of the proprietor of a registered estate in land includes his title to any registered estate which subsists for the benefit of the estate in land.

7

Rules may—

(a) make provision about the circumstances in which there is a duty to exercise the power under paragraph 5, so far as not relating to rectification;

(b) make provision about how the register is to be altered in exercise of that power;

(c) make provision about applications for alteration under that paragraph, including provision requiring the making of such applications;

(d) make provision about procedure in relation to the exercise of that power, whether on application or otherwise.

Rectification and derivative interests

8

The powers under this Schedule to alter the register, so far as relating to rectification, extend to changing for the future the priority of any interest affecting the registered estate or charge concerned.

Costs in non-rectification cases

9

(1) If the register is altered under this Schedule in a case not involving rectification, the registrar may pay such amount as he thinks fit in respect of any costs or expenses reasonably incurred by a person in connection with the alteration which have been incurred with the consent of the registrar.

(2) The registrar may make a payment under sub-paragraph (1) notwithstanding the absence of consent if—

(a) it appears to him—

(i) that the costs or expenses had to be incurred urgently, and

(ii) that it was not reasonably practicable to apply for his consent, or

(b) he has subsequently approved the incurring of the costs or expenses.

SCHEDULE 5

Access to network

1

(1) A person who is not a member of the land registry may only have access to a land registry network under authority conferred by means of an agreement with the registrar.

(2) An agreement for the purposes of sub-paragraph (1) (“network access agreement”) may authorise access for—

(a) the communication, posting or retrieval of information,

(b) the making of changes to the register of title or cautions register,

(d) the issue of official copies, or

(e) such other conveyancing purposes as the registrar thinks fit.

(3) Rules may regulate the use of network access agreements to confer authority to carry out functions of the registrar.

(4) The registrar must, on application, enter into a network access agreement with the applicant if the applicant meets such criteria as rules may provide.

Terms of access

2

(1) The terms on which access to a land registry network is authorised shall be such as the registrar thinks fit, subject to sub-paragraphs (3) and (4), and may, in particular, include charges for access.

(2) The power under sub-paragraph (1) may be used, not only for the purpose of regulating the use of the network, but also for—

(a) securing that the person granted access uses the network to carry on such qualifying transactions as may be specified in, or under, the agreement,

(b) such other purpose relating to the carrying on of qualifying transactions as rules may provide, or

(3) It shall be a condition of a network access agreement which enables the person granted access to use the network to carry on qualifying transactions that he must comply with any rules for the time being in force under paragraph 5.

(4) Rules may regulate the terms on which access to a land registry network is authorised.

Termination of access

3

(1) The person granted access by a network access agreement may terminate the agreement at any time by notice to the registrar.

(2) Rules may make provision about the termination of a network access agreement by the registrar and may, in particular, make provision about—

(a) the grounds of termination,

(b) the procedure to be followed in relation to termination, and

(3) Without prejudice to the generality of sub-paragraph (2)(a), rules under that provision may authorise the registrar to terminate a network access agreement if the person granted access—

(a) fails to comply with the terms of the agreement,

(b) ceases to be a person with whom the registrar would be required to enter into a network access agreement conferring the authority which the agreement confers, or

Appeals

4

(1) A person who is aggrieved by a decision of the registrar with respect to entry into, or termination of, a network access agreement may appeal against the decision to the First-tier Tribunal.

(2) On determining an appeal under this paragraph, the First-tier Tribunal may give such directions as the tribunal considers appropriate to give effect to its determination.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Network transaction rules

5

(1) Rules may make provision about how to go about network transactions.

(2) Rules under sub-paragraph (1) may, in particular, make provision about dealings with the land registry, including provision about—

(a) the procedure to be followed, and

(b) the supply of information (including information about unregistered interests).

Overriding nature of network access obligations

6

To the extent that an obligation not owed under a network access agreement conflicts with an obligation owed under such an agreement by the person granted access, the obligation not owed under the agreement is discharged.

Do-it-yourself conveyancing

7

(1) If there is a land registry network, the registrar has a duty to provide such assistance as he thinks appropriate for the purpose of enabling persons engaged in qualifying transactions who wish to do their own conveyancing to do so by means of the network.

(2) The duty under sub-paragraph (1) does not extend to the provision of legal advice.

Presumption of authority

8

Where—

(a) a person who is authorised under a network access agreement to do so uses the network for the making of a disposition or contract, and

(b) the document which purports to effect the disposition or to be the contract—

(i) purports to be authenticated by him as agent, and

(ii) contains a statement to the effect that he is acting under the authority of his principal,

he shall be deemed, in favour of any other party, to be so acting.

Management of network transactions

9

(1) The registrar may use monitoring information for the purpose of managing network transactions and may, in particular, disclose such information to persons authorised to use the network, and authorise the further disclosure of information so disclosed, if he considers it is necessary or desirable to do so.

(2) The registrar may delegate his functions under sub-paragraph (1), subject to such conditions as he thinks fit.

(3) In sub-paragraph (1), “monitoring information” means information provided in pursuance of provision in a network access agreement included under paragraph 2(2)(c).

Supplementary

10

The registrar may provide, or arrange for the provision of, education and training in relation to the use of a land registry network.

11

(1) Power to make rules under paragraph 1, 2 or 3 is exercisable by the Secretary of State.

(2) Before making such rules, the Secretary of State must consult such persons as he considers appropriate.

(3) In making rules under paragraph 1 or 3(2)(a), the Secretary of State must have regard, in particular, to the need to secure—

(a) the confidentiality of private information kept on the network,

(b) competence in relation to the use of the network (in particular for the purpose of making changes), and

12

In this Schedule—

“land registry network” means a network provided under section 92(1);

“network access agreement” has the meaning given by paragraph 1(2);

“network transaction” means a transaction carried on by means of a land registry network;

“qualifying transaction” means a transaction which—involves registration, andis capable of being effected electronically.

SCHEDULE 6

Right to apply for registration

1

(1) ... A person may apply to the registrar to be registered as the proprietor of a registered estate in land if he has been in adverse possession of the estate for the period of ten years ending on the date of the application.

(2) ... A person may also apply to the registrar to be registered as the proprietor of a registered estate in land if—

(a) he has in the period of six months ending on the date of the application ceased to be in adverse possession of the estate because of eviction by the registered proprietor, or a person claiming under the registered proprietor,

(b) on the day before his eviction he was entitled to make an application under sub-paragraph (1), and

(3) However, a person may not make an application under this paragraph if—

(a) he is a defendant in proceedings which involve asserting a right to possession of the land, or

(b) judgment for possession of the land has been given against him in the last two years.

(4) For the purposes of sub-paragraph (1), the estate need not have been registered throughout the period of adverse possession.

Notification of application

2

(1) The registrar must give notice of an application under paragraph 1 to—

(a) the proprietor of the estate to which the application relates,

(b) the proprietor of any registered charge on the estate,

(d) any person who is registered in accordance with rules as a person to be notified under this paragraph, and

(e) such other persons as rules may provide.

(2) Notice under this paragraph shall include notice of the effect of paragraph 4.

Treatment of application

3

(1) A person given notice under paragraph 2 may require that the application to which the notice relates be dealt with under paragraph 5.

(2) The right under this paragraph is exercisable by notice to the registrar given before the end of such period as rules may provide.

4

If an application under paragraph 1 is not required to be dealt with under paragraph 5, the applicant is entitled to be entered in the register as the new proprietor of the estate.

5

(1) If an application under paragraph 1 is required to be dealt with under this paragraph, the applicant is only entitled to be registered as the new proprietor of the estate if any of the following conditions is met.

(2) The first condition is that—

(a) it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to dispossess the applicant, and

(b) the circumstances are such that the applicant ought to be registered as the proprietor.

(3) The second condition is that the applicant is for some other reason entitled to be registered as the proprietor of the estate.

(4) The third condition is that—

(a) the land to which the application relates is adjacent to land belonging to the applicant,

(b) the exact line of the boundary between the two has not been determined under rules under section 60,

(c) for at least ten years of the period of adverse possession ending on the date of the application, the applicant (or any predecessor in title) reasonably believed that the land to which the application relates belonged to him, and

(d) the estate to which the application relates was registered more than one year prior to the date of the application.

(5) In relation to an application under paragraph 1(2), this paragraph has effect as if the reference in sub-paragraph (4)(c) to the date of the application were to the day before the date of the applicant’s eviction.

Right to make further application for registration

6

(1) Where a person’s application under paragraph 1 is rejected, he may make a further application to be registered as the proprietor of the estate if he is in adverse possession of the estate from the date of the application until the last day of the period of two years beginning with the date of its rejection.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) However, a person may not make an application under this paragraph if—

(a) he is a defendant in proceedings which involve asserting a right to possession of the land,

(b) judgment for possession of the land has been given against him in the last two years, or

7

If a person makes an application under paragraph 6, he is entitled to be entered in the register as the new proprietor of the estate.

Restriction on applications

8

(1) No one may apply under this Schedule to be registered as the proprietor of an estate in land during, or before the end of twelve months after the end of, any period in which the existing registered proprietor is for the purposes of the Limitation (Enemies and War Prisoners) Act 1945 (8 & 9 Geo. 6 c. 16)—

(a) an enemy, or

(b) detained in enemy territory.

(2) No-one may apply under this Schedule to be registered as the proprietor of an estate in land during any period in which the existing registered proprietor is—

(a) unable because of mental disability to make decisions about issues of the kind to which such an application would give rise, or

(b) unable to communicate such decisions because of mental disability or physical impairment.

(3) For the purposes of sub-paragraph (2), “mental disability” means a disability or disorder of the mind or brain, whether permanent or temporary, which results in an impairment or disturbance of mental functioning.

(4) Where it appears to the registrar that sub-paragraph (1) or (2) applies in relation to an estate in land, he may include a note to that effect in the register.

Effect of registration

9

(1) Where a person is registered as the proprietor of an estate in land in pursuance of an application under this Schedule, the title by virtue of adverse possession which he had at the time of the application is extinguished.

(2) Subject to sub-paragraph (3), the registration of a person under this Schedule as the proprietor of an estate in land does not affect the priority of any interest affecting the estate.

(3) Subject to sub-paragraph (4), where a person is registered under this Schedule as the proprietor of an estate, the estate is vested in him free of any registered charge affecting the estate immediately before his registration.

(4) Sub-paragraph (3) does not apply where registration as proprietor is in pursuance of an application determined by reference to whether any of the conditions in paragraph 5 applies.

Apportionment and discharge of charges

10

(1) Where—

(a) a registered estate continues to be subject to a charge notwithstanding the registration of a person under this Schedule as the proprietor, and

(b) the charge affects property other than the estate,

the proprietor of the estate may require the chargee to apportion the amount secured by the charge at that time between the estate and the other property on the basis of their respective values.

(2) The person requiring the apportionment is entitled to a discharge of his estate from the charge on payment of—

(a) the amount apportioned to the estate, and

(b) the costs incurred by the chargee as a result of the apportionment.

(3) On a discharge under this paragraph, the liability of the chargor to the chargee is reduced by the amount apportioned to the estate.

(4) Rules may make provision about apportionment under this paragraph, in particular, provision about—

(a) procedure,

(b) valuation,

(d) payment of the costs of the chargor.

Meaning of “adverse possession”

11

(1) A person is in adverse possession of an estate in land for the purposes of this Schedule if, but for section 96, a period of limitation under section 15 of the Limitation Act 1980 (c. 58) would run in his favour in relation to the estate.

(2) A person is also to be regarded for those purposes as having been in adverse possession of an estate in land—

(a) where he is the successor in title to an estate in the land, during any period of adverse possession by a predecessor in title to that estate, or

(b) during any period of adverse possession by another person which comes between, and is continuous with, periods of adverse possession of his own.

(3) In determining whether for the purposes of this paragraph a period of limitation would run under section 15 of the Limitation Act 1980, there are to be disregarded—

(a) the commencement of any legal proceedings, and

(b) paragraph 6 of Schedule 1 to that Act.

Trusts

12

A person is not to be regarded as being in adverse possession of an estate for the purposes of this Schedule at any time when the estate is subject to a trust, unless the interest of each of the beneficiaries in the estate is an interest in possession.

Crown foreshore

13

(1) Where—

(a) a person is in adverse possession of an estate in land,

(b) the estate belongs to Her Majesty in right of the Crown or the Duchy of Lancaster or to the Duchy of Cornwall, and

paragraph 1(1) is to have effect as if the reference to ten years were to sixty years.

(2) For the purposes of sub-paragraph (1), land is to be treated as foreshore if it has been foreshore at any time in the previous ten years.

(3) In this paragraph, “foreshore” means the shore and bed of the sea and of any tidal water, below the line of the medium high tide between the spring and neap tides.

Rentcharges

14

Rules must make provision to apply the preceding provisions of this Schedule to registered rentcharges, subject to such modifications and exceptions as the rules may provide.

Procedure

15

Rules may make provision about the procedure to be followed pursuant to an application under this Schedule.

SCHEDULE 7

Holding of office by Chief Land Registrar

1

(1) The registrar may at any time resign his office by written notice to the Secretary of State.

(2) The Secretary of State may remove the registrar from office if he is unable or unfit to discharge the functions of office.

(3) Subject to the above, a person appointed to be the registrar is to hold and vacate office in accordance with the terms of his appointment and, on ceasing to hold office, is eligible for reappointment.

Remuneration etc. of Chief Land Registrar

2

(1) The Secretary of State shall pay the registrar such remuneration, and such travelling and other allowances, as the Secretary of State may determine.

(2) The Secretary of State shall—

(a) pay such pension, allowances or gratuities as he may determine to or in respect of a person who is or has been the registrar, or

(b) make such payments as he may determine towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.

(3) If, when a person ceases to be the registrar, the Secretary of State determines that there are special circumstances which make it right that the person should receive compensation, the Secretary of State may pay to the person by way of compensation a sum of such amount as he may determine.

Staff

3

(1) The registrar may appoint such staff as he thinks fit.

(2) The terms and conditions of appointments under this paragraph shall be such as the registrar, with the approval of the Minister for the Civil Service, thinks fit.

Indemnity for members

4

No member of the land registry is to be liable in damages for anything done or omitted in the discharge or purported discharge of any function relating to land registration or local land charges , unless it is shown that the act or omission was in bad faith.

Seal

5

The land registry is to continue to have a seal and any document purporting to be sealed with it is to be admissible in evidence without any further or other proof.

Documentary evidence

6

The Documentary Evidence Act 1868 (c. 37) has effect as if—

(a) the registrar were included in the first column of the Schedule to that Act,

(b) the registrar and any person authorised to act on his behalf were mentioned in the second column of that Schedule, and

(c) the regulations referred to in that Act included any form or direction issued by the registrar or by any such person.

Parliamentary disqualification

7

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (other disqualifying offices), there is inserted at the appropriate place—

Chief Land Registrar.

;

SCHEDULE 8

Entitlement

1

(1) A person is entitled to be indemnified by the registrar if he suffers loss by reason of—

(a) rectification of the register,

(b) a mistake whose correction would involve rectification of the register,

(d) a mistake in an official copy,

(e) a mistake in a document kept by the registrar which is not an original and is referred to in the register,

(f) the loss or destruction of a document lodged at the registry for inspection or safe custody,

(g) a mistake in the cautions register, or

(h) failure by the registrar to perform his duty under section 50.

(2) For the purposes of sub-paragraph (1)(a)—

(a) any person who suffers loss by reason of the change of title under section 62 is to be regarded as having suffered loss by reason of rectification of the register, and

(b) the proprietor of a registered estate or charge claiming in good faith under a forged disposition is, where the register is rectified, to be regarded as having suffered loss by reason of such rectification as if the disposition had not been forged.

(3) No indemnity under sub-paragraph (1)(b) is payable until a decision has been made about whether to alter the register for the purpose of correcting the mistake; and the loss suffered by reason of the mistake is to be determined in the light of that decision.

Mines and minerals

2

No indemnity is payable under this Schedule on account of—

(a) any mines or minerals, or

(b) the existence of any right to work or get mines or minerals,

unless it is noted in the register that the title to the registered estate concerned includes the mines or minerals.

Costs

3

(1) In respect of loss consisting of costs or expenses incurred by the claimant in relation to the matter, an indemnity under this Schedule is payable only on account of costs or expenses reasonably incurred by the claimant with the consent of the registrar.

(2) The requirement of consent does not apply where—

(a) the costs or expenses must be incurred by the claimant urgently, and

(b) it is not reasonably practicable to apply for the registrar’s consent.

(3) If the registrar approves the incurring of costs or expenses after they have been incurred, they shall be treated for the purposes of this paragraph as having been incurred with his consent.

4

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