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

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Reform history JSON API

(1) If no indemnity is payable to a claimant under this Schedule, the registrar may pay such amount as he thinks fit in respect of any costs or expenses reasonably incurred by the claimant in connection with the claim 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.

Claimant’s fraud or lack of care

5

(1) No indemnity is payable under this Schedule on account of any loss suffered by a claimant—

(a) wholly or partly as a result of his own fraud, or

(b) wholly as a result of his own lack of proper care.

(2) Where any loss is suffered by a claimant partly as a result of his own lack of proper care, any indemnity payable to him is to be reduced to such extent as is fair having regard to his share in the responsibility for the loss.

(3) For the purposes of this paragraph any fraud or lack of care on the part of a person from whom the claimant derives title (otherwise than under a disposition for valuable consideration which is registered or protected by an entry in the register) is to be treated as if it were fraud or lack of care on the part of the claimant.

Valuation of estates etc.

6

Where an indemnity is payable in respect of the loss of an estate, interest or charge, the value of the estate, interest or charge for the purposes of the indemnity is to be regarded as not exceeding—

(a) in the case of an indemnity under paragraph 1(1)(a), its value immediately before rectification of the register (but as if there were to be no rectification), and

(b) in the case of an indemnity under paragraph 1(1)(b), its value at the time when the mistake which caused the loss was made.

Determination of indemnity by court

7

(1) A person may apply to the court for the determination of any question as to—

(a) whether he is entitled to an indemnity under this Schedule, or

(b) the amount of such an indemnity.

(2) Paragraph 3(1) does not apply to the costs of an application to the court under this paragraph or of any legal proceedings arising out of such an application.

Time limits

8

For the purposes of the Limitation Act 1980 (c. 58)—

(a) a liability to pay an indemnity under this Schedule is a simple contract debt, and

(b) the cause of action arises at the time when the claimant knows, or but for his own default might have known, of the existence of his claim.

Interest

9

Rules may make provision about the payment of interest on an indemnity under this Schedule, including—

(a) the circumstances in which interest is payable, and

(b) the periods for and rates at which it is payable.

Recovery of indemnity by registrar

10

(1) Where an indemnity under this Schedule is paid to a claimant in respect of any loss, the registrar is entitled (without prejudice to any other rights he may have)—

(a) to recover the amount paid from any person who caused or substantially contributed to the loss by his fraud, or

(b) for the purpose of recovering the amount paid, to enforce the rights of action referred to in sub-paragraph (2).

(2) Those rights of action are—

(a) any right of action (of whatever nature and however arising) which the claimant would have been entitled to enforce had the indemnity not been paid, and

(b) where the register has been rectified, any right of action (of whatever nature and however arising) which the person in whose favour the register has been rectified would have been entitled to enforce had it not been rectified.

(3) References in this paragraph to an indemnity include interest paid on an indemnity under rules under paragraph 9.

Interpretation

11

(1) For the purposes of this Schedule, references to a mistake in something include anything mistakenly omitted from it as well as anything mistakenly included in it.

(2) In this Schedule, references to rectification of the register are to alteration of the register which—

(a) involves the correction of a mistake, and

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

SCHEDULE 9

Holding of office

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration

2

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Staff

3

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Conduct of business

4

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5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finances

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of Tribunals and Inquiries Act 1992

8

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Parliamentary disqualification

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10

Part 1 — Miscellaneous

Dealings with estates subject to compulsory first registration

1

(1) Rules may make provision—

(a) applying this Act to a pre-registration dealing with a registrable legal estate as if the dealing had taken place after the date of first registration of the estate, and

(b) about the date on which registration of the dealing is effective.

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

(a) a legal estate is registrable if a person is subject to a duty under section 6 to make an application to be registered as the proprietor of it, and

(b) a pre-registration dealing is one which takes place before the making of such an application.

Regulation of title matters between sellers and buyers

2

(1) Rules may make provision about the obligations with respect to—

(a) proof of title, or

(b) perfection of title,

of the seller under a contract for the transfer, or other disposition, for valuable consideration of a registered estate or charge.

(2) Rules under this paragraph may be expressed to have effect notwithstanding any stipulation to the contrary.

Implied covenants

3

Rules may—

(a) make provision about the form of provisions extending or limiting any covenant implied by virtue of Part 1 of the Law of Property (Miscellaneous Provisions) Act 1994 (c. 36) (implied covenants for title) on a registrable disposition;

(b) make provision about the application of section 77 of the Law of Property Act 1925 (c. 20) (implied covenants in conveyance subject to rents) to transfers of registered estates;

(c) make provision about reference in the register to implied covenants, including provision for the state of the register to be conclusive in relation to whether covenants have been implied.

Land certificates

4

Rules may make provision about—

(a) when a certificate of registration of title to a legal estate may be issued,

(b) the form and content of such a certificate, and

Part 2 — General

Notice

5

(1) Rules may make provision about the form, content and service of notice under this Act.

(2) Rules under this paragraph about the service of notice may, in particular—

(a) make provision requiring the supply of an address for service and about the entry of addresses for service in the register;

(b) make provision about—

(i) the time for service,

(ii) the mode of service, and

(iii) when service is to be regarded as having taken place.

Applications

6

Rules may—

(a) make provision about the form and content of applications under this Act;

(b) make provision requiring applications under this Act to be supported by such evidence as the rules may provide;

(d) make provision about the order in which competing applications are to be taken to rank;

(e) make provision for an alteration made by the registrar for the purpose of correcting a mistake in an application or accompanying document to have effect in such circumstances as the rules may provide as if made by the applicant or other interested party or parties.

Statutory statements

7

Rules may make provision about the form of any statement required under an enactment to be included in an instrument effecting a registrable disposition or a disposition which triggers the requirement of registration.

Residual power

8

Rules may make any other provision which it is expedient to make for the purposes of carrying this Act into effect, whether similar or not to any provision which may be made under the other powers to make land registration rules.

SCHEDULE 11

Settled Land Act 1925 (c. 18)

1

Section 119(3) of the Settled Land Act 1925 ceases to have effect.

Law of Property Act 1925 (c. 20)

2

(1) The Law of Property Act 1925 is amended as follows.

(2) In section 44, after subsection (4) there is inserted—

(4A) Subsections (2) and (4) of this section do not apply to a contract to grant a term of years if the grant will be an event within section 4(1) of the Land Registration Act 2002 (events which trigger compulsory first registration of title).

(3) In that section, in subsection (5), for “the last three preceding subsections” there is substituted “ subsections (2) to (4) of this section ”.

(4) In that section, at the end there is inserted—

(12) Nothing in this section applies in relation to registered land or to a term of years to be derived out of registered land.

(5) In section 84(8), the words from “, but” to the end are omitted.

(6) In section 85(3), for the words from the beginning to the second “or” there is substituted “ Subsection (2) does not apply to registered land, but, subject to that, this section applies whether or not the land is registered land and whether or not ”.

(7) In section 86(3), for the words from the beginning to the second “or” there is substituted “ Subsection (2) does not apply to registered land, but, subject to that, this section applies whether or not the land is registered land and whether or not ”.

(8) In section 87, at the end there is inserted—

(4) Subsection (1) of this section shall not be taken to be affected by section 23(1)(a) of the Land Registration Act 2002 (under which owner’s powers in relation to a registered estate do not include power to mortgage by demise or sub-demise).

(9) In section 94(4), for the words from “registered” to the end there is substituted “ on registered land ”.

(10) In section 97, for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”.

(11) In section 115(10), for the words from “charge” to the end there is substituted “ registered charge (within the meaning of the Land Registration Act 2002) ”.

(12) In section 125(2), for the words from “(not being” to “1925)” there is substituted “ (not being registered land) ”.

(13) In section 205(1)(xxii)—

(a) for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002; ”, and

(b) the words from “, and” to the end are omitted.

Administration of Estates Act 1925 (c. 23)

3

In section 43(2) of the Administration of Estates Act 1925, for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”.

Requisitioned Land and War Works Act 1945 (c. 43)

4

(1) Section 37 of the Requisitioned Land and War Works Act 1945 is amended as follows.

(2) In subsection (2), for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”.

(3) Subsection (3) ceases to have effect.

Law of Property (Joint Tenants) Act 1964 (c. 63)

5

In section 3 of the Law of Property (Joint Tenants) Act 1964, for the words from “any land” to the end there is substituted “ registered land ”.

Gas Act 1965 (c. 36)

6

(1) The Gas Act 1965 is amended as follows.

(2) In section 12(3), for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”.

(3) In sections 12(4) and 13(6), for the words from “be deemed” to the end there is substituted—

(a) for the purposes of the Land Charges Act 1925, be deemed to be a charge affecting land falling within Class D(iii), and (b) for the purposes of the Land Registration Act 2002, be deemed to be an equitable easement.

Commons Registration Act 1965 (c. 64)

7

(1) The Commons Registration Act 1965 is amended as follows.

(2) In sections 1(1), (2) and (3), 4(3) and 8(1), for “under the Land Registration Acts 1925 and 1936” there is substituted “ in the register of title ”.

(3) In section 9, for “the Land Registration Acts 1925 and 1936” there is substituted “ in the register of title ”.

(4) In section 12 (in both places), for “under the Land Registration Acts 1925 and 1936” there is substituted “ in the register of title ”.

(5) In section 22, in subsection (1), there is inserted at the appropriate place—

“register of title” means the register kept under section 1 of the Land Registration Act 2002;

(6) In that section, in subsection (2), for “under the Land Registration Acts 1925 and 1936” there is substituted “ in the register of title ”.

Leasehold Reform Act 1967 (c. 88)

8

(1) The Leasehold Reform Act 1967 is amended as follows.

(2) In section 5(5)—

(a) for “an overriding interest within the meaning of the Land Registration Act 1925” there is substituted “ regarded for the purposes of the Land Registration Act 2002 as an interest falling within any of the paragraphs of Schedule 1 or 3 to that Act ”, and

(b) for “or caution under the Land Registration Act 1925” there is substituted “ under the Land Registration Act 2002 ”.

(3) In Schedule 4, in paragraph 1(3)—

(a) for paragraph (a) there is substituted—

(a) the covenant may be the subject of a notice in the register of title kept under the Land Registration Act 2002, if apart from this subsection it would not be capable of being the subject of such a notice; and

and

(b) in paragraph (b), for “notice of the covenant has been so registered, the covenant” there is substituted “ a notice in respect of the covenant has been entered in that register, it ”.

Law of Property Act 1969 (c. 59)

9

In section 24(1) of the Law of Property Act 1969, for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”.

Land Charges Act 1972 (c. 61)

10

(1) The Land Charges Act 1972 is amended as follows.

(2) In section 14(1), for the words from “Land Registration” to the end there is substituted “ Land Registration Act 2002 ”.

(3) In section 14(3)—

(a) for the words from “section 123A” to “register)” there is substituted “ section 7 of the Land Registration Act 2002 (effect of failure to comply with requirement of registration) ”, and

(b) for “that section” there is substituted “ section 6 of that Act ”.

(4) In section 17(1), in the definition of “registered land”, for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”.

Consumer Credit Act 1974 (c. 39)

11

In section 177(1) and (6) of the Consumer Credit Act 1974, for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”.

Solicitors Act 1974 (c. 47)

12

(1) The Solicitors Act 1974 is amended as follows.

(2) In sections 22(1) and 56(1)(f), for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”.

(3) Section 75(b) ceases to have effect.

Local Land Charges Act 1975 (c. 76)

13

In section 10(3)(b)(ii) of the Local Land Charges Act 1975, for “under the Land Registration Act 1925” there is substituted “ in the register of title kept under the Land Registration Act 2002 ”.

Rent Act 1977 (c. 42)

14

In section 136(b) of the Rent Act 1977, for the words from “charge” to the end there is substituted “ registered charge (within the meaning of the Land Registration Act 2002) ”.

Charging Orders Act 1979 (c. 53)

15

In section 3(2) and (6) of the Charging Orders Act 1979, for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”.

Highways Act 1980 (c. 66)

16

Section 251(5) of the Highways Act 1980 ceases to have effect.

Inheritance Tax Act 1984 (c. 51)

17

In section 238(3) of the Inheritance Tax Act 1984, for paragraph (a) there is substituted—

(a) in relation to registered land— (i) if the disposition is required to be completed by registration, the time of registration, and (ii) otherwise, the time of completion,

Housing Act 1985 (c. 68)

18

(1) The Housing Act 1985 is amended as follows.

(2) In section 37(5), for the words from “and” to the end there is substituted—

(5A) Where the Chief Land Registrar approves an application for registration of— (a) a disposition of registered land, or (b) the disponee’s title under a disposition of unregistered land, and the instrument effecting the disposition contains a covenant of the kind mentioned in subsection (1), he must enter in the register a restriction reflecting the limitation imposed by the covenant

(3) In section 154(5), for “Land Registration Acts 1925 to 1971” there is substituted “ Land Registration Act 2002 ”.

(4) In section 157(7), for the words from “the appropriate” to the end there is substituted “ a restriction in the register of title reflecting the limitation ”.

(5) In section 165(6), for “section 83 of the Land Registration Act 1925” there is substituted “ Schedule 8 to the Land Registration Act 2002 ”.

(6) In Schedule 9A, in paragraph 2(2), for the words from the beginning to “the disponor” there is substituted “ Where on a qualifying disposal the disponor’s title to the dwelling-house is not registered, the disponor ”.

(7) In that Schedule, for paragraph 4 there is substituted—

(4) (1) This paragraph applies where the Chief Land Registrar approves an application for registration of— (a) a disposition of registered land, or (b) the disponee’s title under a disposition of unregistered land, and the instrument effecting the disposition contains the statement required by paragraph 1. (2) The Chief Land Registrar must enter in the register— (a) a notice in respect of the rights of qualifying persons under this Part in relation to dwelling-houses comprised in the disposal, and (b) a restriction reflecting the limitation under section 171D(2) on subsequent disposal.

(8) In that Schedule, for paragraph 5(2) there is substituted—

(2) If the landlord’s title is registered, the landlord shall apply for the entry in the register of— (a) a notice in respect of the rights of the qualifying person or persons under the provisions of this Part, and (b) a restriction reflecting the limitation under section 171D(2) on subsequent disposal.

(9) In that Schedule, paragraph 5(3) ceases to have effect.

(10) In that Schedule, in paragraph 6, for sub-paragraph (1) there is substituted—

(1) The rights of a qualifying person under this Part in relation to the qualifying dwelling house shall not be regarded as falling within Schedule 3 to the Land Registration Act 2002 (and so are liable to be postponed under section 29 of that Act, unless protected by means of a notice in the register).

(11) In that Schedule, in paragraph 9(2), for “Land Registration Acts 1925 to 1986” there is substituted “ Land Registration Act 2002 ”.

(12) In Schedule 17, in paragraph 2(2), for “Land Registration Acts 1925 to 1971” there is substituted “ Land Registration Act 2002 ”.

(13) In Schedule 20, in paragraph 17(2), for “Land Registration Acts 1925 to 1986” there is substituted “ Land Registration Act 2002 ”.

Building Societies Act 1986 (c. 53)

19

(1) In Schedule 2A to the Building Societies Act 1986, paragraph 1 is amended as follows.

(2) In sub-paragraph (2), for “charge or incumbrance registered under the Land Registration Act 1925” there is substituted “ registered charge (within the meaning of the Land Registration Act 2002) ”.

(3) Sub-paragraph (4) ceases to have effect.

(4) In sub-paragraph (5), the definition of “registered land” and the preceding “and” cease to have effect.

Landlord and Tenant Act 1987 (c. 31)

20

In sections 24(8) and (9), 28(5), 30(6) and 34(9) of the Landlord and Tenant Act 1987, for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”.

Diplomatic and Consular Premises Act 1987 (c. 46)

21

(1) The Diplomatic and Consular Premises Act 1987 is amended as follows.

(2) In section 5, after the definition of the expression “diplomatic premises” there is inserted—

“land” includes buildings and other structures, land covered with water and any estate, interest, easement, servitude or right in or over land,

(3) In Schedule 1, in paragraph 1—

(a) before the definition of the expression “the registrar” there is inserted—

“registered land” has the same meaning as in the Land Registration Act 2002;

and

(b) the words from “and expressions” to the end are omitted.

Criminal Justice Act 1988 (c. 33)

22

(1) The Criminal Justice Act 1988 is amended as follows.

(2) In section 77(12)—

(a) for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”, and

(b) in paragraph (a), at the end there is inserted “ , except that no notice may be entered in the register of title under the Land Registration Act 2002 in respect of such orders ”.

(3) In section 79(1) and (4), for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”.

Housing Act 1988 (c. 50)

23

(1) The Housing Act 1988 is amended as follows.

(2) In section 81, in subsection (9)(c), for “Land Registration Acts 1925 to 1986” there is substituted “ Land Registration Act 2002 ”.

(3) In that section, for subsection (10) there is substituted—

(10) Where the Chief Land Registrar approves an application for registration of— (a) a disposition of registered land, or (b) the approved person’s title under a disposition of unregistered land, and the instrument effecting the disposition contains the statement required by subsection (1) above, he shall enter in the register a restriction reflecting the limitation under this section on subsequent disposal.

(4) In section 90(4), for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”.

(5) In section 133, in subsection (8)—

(a) for the words “conveyance, grant or assignment” there is substituted “ transfer or grant ”,

(b) for the words “section 123 of the Land Registration Act 1925” there is substituted “ section 4 of the Land Registration Act 2002 ”, and

(6) In that section, for subsection (9) there is substituted—

(9) Where the Chief Land Registrar approves an application for registration of— (a) a disposition of registered land, or (b) a person’s title under a disposition of unregistered land, and the instrument effecting the original disposal contains the statement required by subsection (3)(d) above, he shall enter in the register a restriction reflecting the limitation under this section on subsequent disposal.

Local Government and Housing Act 1989 (c. 42)

24

(1) Section 173 of the Local Government and Housing Act 1989 is amended as follows.

(2) In subsection (8)—

(a) for the words “conveyance, grant or assignment” there is substituted “ transfer or grant ”,

(b) for the words “section 123 of the Land Registration Act 1925” there is substituted “ section 4 of the Land Registration Act 2002 ”, and

(3) For subsection (9) there is substituted—

(9) Where the Chief Land Registrar approves an application for registration of— (a) a disposition of registered land, or (b) a person’s title under a disposition of unregistered land, and the instrument effecting the initial transfer contains the statement required by subsection (3) above, he shall enter in the register a restriction reflecting the limitation under this section on subsequent disposal.

Water Resources Act 1991 (c. 57)

25

(1) Section 158 of the Water Resources Act 1991 is amended as follows.

(2) In subsection (5)—

(a) for paragraphs (a) and (b) there is substituted—

(a) the agreement may be the subject of a notice in the register of title under the Land Registration Act 2002 as if it were an interest affecting the registered land; (b) the provisions of sections 28 to 30 of that Act (effect of dispositions of registered land on priority of adverse interests) shall apply as if the agreement were such an interest;

and

(b) in paragraph (c), for “where notice of the agreement has been so registered,” there is substituted “ subject to the provisions of those sections, ”.

(3) In subsection (6), for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”.

Access to Neighbouring Land Act 1992 (c. 23)

26

(1) The Access to Neighbouring Land Act 1992 is amended as follows.

(2) In section 4(1), for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”.

(3) In section 5, in subsection (4)—

(a) in paragraph (b), for “notice or caution under the Land Registration Act 1925” there is substituted “ notice under the Land Registration Act 2002 ”, and

(b) for “entry, notice or caution” there is substituted “ entry or notice ”.

(4) In that section, for subsection (5) there is substituted—

(5) The rights conferred on a person by or under an access order shall not be capable of falling within paragraph 2 of Schedule 1 or 3 to the Land Registration Act 2002 (overriding status of interest of person in actual occupation).

(5) In that section, in subsection (6), for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”.

Further and Higher Education Act 1992 (c. 13)

27

In Schedule 5 to the Further and Higher Education Act 1992, in paragraph 6(1)—

(a) for “Land Registration Acts 1925 to 1986” there is substituted “ Land Registration Act 2002 ”, and

(b) for “those Acts” there is substituted “ that Act ”.

Judicial Pensions and Retirement Act 1993 (c. 8)

28

In Schedule 5 to the Judicial Pensions and Retirement Act 1993, there is inserted at the end— “Adjudicator to Her Majesty’s Land Registry”

Charities Act 1993 (c. 10)

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

30

(1) The Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows.

(2) In sections 34(10) and 57(11), for the words from “rules” to the end there is substituted “ land registration rules under the Land Registration Act 2002 ”.

(3) In section 97, in subsection (1)—

(a) for “an overriding interest within the meaning of the Land Registration Act 1925” there is substituted “ capable of falling within paragraph 2 of Schedule 1 or 3 to the Land Registration Act 2002 ”, and

(b) for “or caution under the Land Registration Act 1925” there is substituted “ under the Land Registration Act 2002 ”.

(4) In that section, in subsection (2), for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”.

Law of Property (Miscellaneous Provisions) Act 1994 (c. 36)

31

(1) The Law of Property (Miscellaneous Provisions) Act 1994 is amended as follows.

(2) In section 6 (cases in which there is no liability under covenants implied by virtue of Part 1 of that Act), at the end there is inserted—

(4) Moreover, where the disposition is of an interest the title to which is registered under the Land Registration Act 2002, that person is not liable under any of those covenants for anything (not falling within subsection (1) or (2)) which at the time of the disposition was entered in relation to that interest in the register of title under that Act.

(3) In section 17(3)—

(a) in paragraph (c), for the words from “any” to the end there is substituted “ the Adjudicator to Her Majesty’s Land Registry ”, and

(b) for “section 144 of the Land Registration Act 1925” there is substituted “ the Land Registration Act 2002 ”.

Drug Trafficking Act 1994 (c. 37)

32

(1) The Drug Trafficking Act 1994 is amended as follows.

(2) In section 26(12)—

(a) for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”, and

(b) in paragraph (a), at the end there is inserted “ , except that no notice may be entered in the register of title under the Land Registration Act 2002 in respect of such orders ”.

(3) In section 28(1) and (4), for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”.

Landlord and Tenant (Covenants) Act 1995 (c. 30)

33

(1) The Landlord and Tenant (Covenants) Act 1995 is amended as follows.

(2) In sections 3(6) and 15(5)(b), for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”.

(3) In section 20, in subsection (2), for the words from “rules” to the end there is substituted “ land registration rules under the Land Registration Act 2002 ”.

(4) In that section, in subsection (6)—

(a) for “an overriding interest within the meaning of the Land Registration Act 1925” there is substituted “ capable of falling within paragraph 2 of Schedule 1 or 3 to the Land Registration Act 2002 ”, and

(b) for “or caution under the Land Registration Act 1925” there is substituted “ under the Land Registration Act 2002 ”.

Family Law Act 1996 (c. 27)

34

(1) The Family Law Act 1996 is amended as follows.

(2) In section 31(10)—

(a) for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”, and

(b) for paragraph (b) there is substituted—

(b) a spouse’s matrimonial home rights are not to be capable of falling within paragraph 2 of Schedule 1 or 3 to that Act.

(3) In Schedule 4, in paragraph 4(6), for “section 144 of the Land Registration Act 1925” there is substituted “ by land registration rules under the Land Registration Act 2002 ”.

Housing Act 1996 (c. 52)

35

In section 13(5) of the Housing Act 1996, for the words from “if” to the end there is substituted “ if the first disposal involves registration under the Land Registration Act 2002, the Chief Land Registrar shall enter in the register of title a restriction reflecting the limitation ”.

Education Act 1996 (c. 56)

36

In Schedule 7 to the Education Act 1996, in paragraph 11—

(a) in sub-paragraph (a), for “Land Registration Acts 1925 to 1986” there is substituted “ Land Registration Act 2002 ”, and

(b) in sub-paragraphs (b) and (c), for “those Acts” there is substituted “ that Act ”.

School Standards and Framework Act 1998 (c. 31)

37

In Schedule 22 to the School Standards and Framework Act 1998, in paragraph 9(1)—

(a) in paragraph (a), for “Land Registration Acts 1925 to 1986” there is substituted “ Land Registration Act 2002 ”, and

(b) in paragraphs (b) and (c), for “those Acts” there is substituted “ that Act ”.

Terrorism Act 2000 (c. 11)

38

In Schedule 4 to the Terrorism Act 2000, in paragraph 8(1)—

(a) for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”, and

(b) in paragraph (a), at the end there is inserted “ , except that no notice may be entered in the register of title under the Land Registration Act 2002 in respect of such orders ”.

Finance Act 2000 (c. 17)

39

In section 128 of the Finance Act 2000—

(a) in subsection (2), for the words from “rule” to the end there is substituted “ land registration rules under the Land Registration Act 2002 ”, and

(b) in subsection (8)(a), for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”.

International Criminal Court Act 2001 (c. 17)

40

In Schedule 6 to the International Criminal Court Act 2001, in paragraph 7(1)—

(a) for “Land Registration Act 1925” there is substituted “ Land Registration Act 2002 ”, and

(b) in paragraph (a), at the end there is inserted “ , except that no notice may be entered in the register of title under the Land Registration Act 2002 in respect of such orders ”.

SCHEDULE 12

Existing entries in the register

1

Nothing in the repeals made by this Act affects the validity of any entry in the register.

2

(1) This Act applies to notices entered under the Land Registration Act 1925 (c. 21) as it applies to notices entered in pursuance of an application under section 34(2)(a).

(2) This Act applies to restrictions and inhibitions entered under the Land Registration Act 1925 as it applies to restrictions entered under this Act.

(3) Notwithstanding their repeal by this Act, sections 55 and 56 of the Land Registration Act 1925 shall continue to have effect so far as relating to cautions against dealings lodged under that Act.

(4) Rules may make provision about cautions against dealings entered under the Land Registration Act 1925.

(5) In this paragraph, references to the Land Registration Act 1925 include a reference to any enactment replaced (directly or indirectly) by that Act.

3

An entry in the register which, immediately before the repeal of section 144(1)(xi) of the Land Registration Act 1925, operated by virtue of rule 239 of the Land Registration Rules (S.I. 1925/1093) as a caution under section 54 of that Act shall continue to operate as such a caution.

Existing cautions against first registration

4

Notwithstanding the repeal of section 56(3) of the Land Registration Act 1925, that provision shall continue to have effect in relation to cautions against first registration lodged under that Act, or any enactment replaced (directly or indirectly) by that Act.

Pending applications

5

Notwithstanding the repeal of the Land Registration Act 1925, that Act shall continue to have effect in relation to an application for the entry in the register of a notice, restriction, inhibition or caution against dealings which is pending immediately before the repeal of the provision under which the application is made.

6

Notwithstanding the repeal of section 53 of the Land Registration Act 1925, subsections (1) and (2) of that section shall continue to have effect in relation to an application to lodge a caution against first registration which is pending immediately before the repeal of those provisions.

Former overriding interests

7

For the period of three years beginning with the day on which Schedule 1 comes into force, it has effect with the insertion after paragraph 14 of—

(15) A right acquired under the Limitation Act 1980 before the coming into force of this Schedule.

8

Schedule 3 has effect with the insertion after paragraph 2 of—

(2A) (1) An interest which, immediately before the coming into force of this Schedule, was an overriding interest under section 70(1)(g) of the Land Registration Act 1925 by virtue of a person’s receipt of rents and profits, except for 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. (2) Sub-paragraph (1) does not apply to an interest if at any time since the coming into force of this Schedule it has been an interest which, had the Land Registration Act 1925 (c. 21) continued in force, would not have been an overriding interest under section 70(1)(g) of that Act by virtue of a person’s receipt of rents and profits.

9

(1) This paragraph applies to an easement or profit a prendre which was an overriding interest in relation to a registered estate immediately before the coming into force of Schedule 3, but which would not fall within paragraph 3 of that Schedule if created after the coming into force of that Schedule.

(2) In relation to an interest to which this paragraph applies, Schedule 3 has effect as if the interest were not excluded from paragraph 3.

10

For the period of three years beginning with the day on which Schedule 3 comes into force, paragraph 3 of the Schedule has effect with the omission of the exception.

11

For the period of three years beginning with the day on which Schedule 3 comes into force, it has effect with the insertion after paragraph 14 of—

(15) A right under paragraph 18(1) of Schedule 12.

12

Paragraph 1 of each of Schedules 1 and 3 shall be taken to include an interest which immediately before the coming into force of the Schedule was an overriding interest under section 70(1)(k) of the Land Registration Act 1925.

13

Paragraph 6 of each of Schedules 1 and 3 shall be taken to include an interest which immediately before the coming into force of the Schedule was an overriding interest under section 70(1)(i) of the Land Registration Act 1925 and whose status as such was preserved by section 19(3) of the Local Land Charges Act 1975 (c. 76) (transitional provision in relation to change in definition of “local land charge”).

Cautions against first registration

14

(1) For the period of two years beginning with the day on which section 15 comes into force, it has effect with the following omissions—

(a) in subsection (1), the words “Subject to subsection (3),”, and

(b) subsection (3).

(2) Any caution lodged by virtue of sub-paragraph (1) which is in force immediately before the end of the period mentioned in that sub-paragraph shall cease to have effect at the end of that period, except in relation to applications for registration made before the end of that period.

(3) This paragraph does not apply to section 15 as applied by section 81.

15

(1) As applied by section 81, section 15 has effect for the period of ten years beginning with the day on which it comes into force, or such longer period as rules may provide, with the omission of subsection (3)(a)(i).

(2) Any caution lodged by virtue of sub-paragraph (1) which is in force immediately before the end of the period mentioned in that sub-paragraph shall cease to have effect at the end of that period, except in relation to applications for registration made before the end of that period.

16

This Act shall apply as if the definition of “caution against first registration” in section 132 included cautions lodged under section 53 of the Land Registration Act 1925 (c. 21).

Applications under section 34 or 43 by cautioners

17

Where a caution under section 54 of the Land Registration Act 1925 is lodged in respect of a person’s estate, right, interest or claim, he may only make an application under section 34 or 43 above in respect of that estate, right, interest or claim if he also applies to the registrar for the withdrawal of the caution.

Adverse possession

18

(1) Where a registered estate in land is held in trust for a person by virtue of section 75(1) of the Land Registration Act 1925 immediately before the coming into force of section 97, he is entitled to be registered as the proprietor of the estate.

(2) A person has a defence to any action for the possession of land (in addition to any other defence he may have) if he is entitled under this paragraph to be registered as the proprietor of an estate in the land.

(3) Where in an action for possession of land a court determines that a person is entitled to a defence under this paragraph, the court must order the registrar to register him as the proprietor of the estate in relation to which he is entitled under this paragraph to be registered.

(4) Entitlement under this paragraph shall be disregarded for the purposes of section 131(1).

(5) Rules may make transitional provision for cases where a rentcharge is held in trust under section 75(1) of the Land Registration Act 1925 immediately before the coming into force of section 97.

Indemnities

19

(1) Schedule 8 applies in relation to claims made before the commencement of that Schedule which have not been settled by agreement or finally determined by that time (as well as to claims for indemnity made after the commencement of that Schedule).

(2) But paragraph 3(1) of that Schedule does not apply in relation to costs and expenses incurred in respect of proceedings, negotiations or other matters begun before 27 April 1997.

Implied indemnity covenants on transfers of pre-1996 leases

20

(1) On a disposition of a registered leasehold estate by way of transfer, the following covenants are implied in the instrument effecting the disposition, unless the contrary intention is expressed—

(a) in the case of a transfer of the whole of the land comprised in the registered lease, the covenant in sub-paragraph (2), and

(b) in the case of a transfer of part of the land comprised in the lease—

(i) the covenant in sub-paragraph (3), and

(ii) where the transferor continues to hold land under the lease, the covenant in sub-paragraph (4).

(2) The transferee covenants with the transferor that during the residue of the term granted by the registered lease the transferee and the persons deriving title under him will—

(a) pay the rent reserved by the lease,

(b) comply with the covenants and conditions contained in the lease, and

(c) keep the transferor and the persons deriving title under him indemnified against all actions, expenses and claims on account of any failure to comply with paragraphs (a) and (b).

(3) The transferee covenants with the transferor that during the residue of the term granted by the registered lease the transferee and the persons deriving title under him will—

(a) where the rent reserved by the lease is apportioned, pay the rent apportioned to the part transferred,

(b) comply with the covenants and conditions contained in the lease so far as affecting the part transferred, and

(c) keep the transferor and the persons deriving title under him indemnified against all actions, expenses and claims on account of any failure to comply with paragraphs (a) and (b).

(4) The transferor covenants with the transferee that during the residue of the term granted by the registered lease the transferor and the persons deriving title under him will—

(a) where the rent reserved by the lease is apportioned, pay the rent apportioned to the part retained,

(b) comply with the covenants and conditions contained in the lease so far as affecting the part retained, and

(c) keep the transferee and the persons deriving title under him indemnified against all actions, expenses and claims on account of any failure to comply with paragraphs (a) and (b).

(5) This paragraph does not apply to a lease which is a new tenancy for the purposes of section 1 of the Landlord and Tenant (Covenants) Act 1995 (c. 30).

SCHEDULE 13

Register of title

When title may be registered

Right to lodge

Owner’s powers

Basic rule

Nature and effect

Registered charges

Local land charges

Conclusiveness

Electronic dispositions: formalities

The land registry

Indemnities

The adjudicator

Rights of pre-emption

Transfer

Introductory

16

A right in respect of the repair of a church chancel.

Repeal of Land Registry Act 1862

Transfer

16

A right in respect of the repair of a church chancel.

Transfer

Dealings with estates subject to compulsory first registration

Holding of office by Chief Land Registrar

Entitlement

Introductory

Commons Registration Act 1965 (c. 64)

Holding of office by Chief Land Registrar

Entitlement

Land Charges Act 1972 (c. 61)

Law of Property (Joint Tenants) Act 1964 (c. 63)

Gas Act 1965 (c. 36)

Administration of Estates Act 1925 (c. 23)

Requisitioned Land and War Works Act 1945 (c. 43)

Law of Property (Joint Tenants) Act 1964 (c. 63)

Gas Act 1965 (c. 36)

Diplomatic and Consular Premises Act 1987 (c. 46)

Law of Property Act 1969 (c. 59)

Land Charges Act 1972 (c. 61)

Rent Act 1977 (c. 42)

Charging Orders Act 1979 (c. 53)

Access to Neighbouring Land Act 1992 (c. 23)

Landlord and Tenant Act 1987 (c. 31)

Access to Neighbouring Land Act 1992 (c. 23)

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

Drug Trafficking Act 1994 (c. 37)

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

Charities Act 1993 (c. 10)

Judicial Pensions and Retirement Act 1993 (c. 8)

Drug Trafficking Act 1994 (c. 37)

Housing Act 1996 (c. 52)

Landlord and Tenant (Covenants) Act 1995 (c. 30)

Finance Act 2000 (c. 17)

Landlord and Tenant (Covenants) Act 1995 (c. 30)

Housing Act 1996 (c. 52)

Family Law Act 1996 (c. 27)

Editorial notes

Act applied (24.3.2003) by 2002 c. 29, ss. 47(2)(c)(3), 458(1); S.I. 2003/333, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-13 (as amended by S.I. 2003/531)) Act applied (24.2.2003) by 2002 c. 29, ss. 248(2)(c)(3), 458(1); S.I. 2003/120, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended by S.I. 2003/333)) Act applied (31.12.2005) by The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 2005 (S.I. 2005/3180), art. 11(2)(b) Act applied (1.1.2006) by The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (S.I. 2005/3181), arts. {14(2)(b)}, {153(2)(b)}

Word preceding s. 4(1)(a)(ii) omitted (6.4.2009) by virtue of The Land Registration Act 2002 (Amendment) Order 2008 (S.I. 2008/2872), art. 2(2)

S. 4(a)(iii) and preceding word inserted (6.4.2009) by The Land Registration Act 2002 (Amendment) Order 2008 (S.I. 2008/2872), art. 2(2)

S. 4(1)(aa) inserted (6.4.2009) by The Land Registration Act 2002 (Amendment) Order 2008 (S.I. 2008/2872), art. 2(3)

S. 6(4) modified (13.10.2003) by The Land Registration Act 2002 (Transitional Provisions) Order 2003 (S.I. 2003/1953), art. 23(2); S.I. 2003/1725, art. 2(1)

S. 7(2)(aa) inserted (6.4.2009) by The Land Registration Act 2002 (Amendment) Order 2008 (S.I. 2008/2872), art. 3

S. 9(5) modified (10.11.2008) by The Land Registration Rules 2003 (S.I. 2003/1417), rule 196A (as inserted by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rules 2(1), 4(1), Sch. 1 para. 63)

S. 10(6) modified (10.11.2008) by The Land Registration Rules 2003 (S.I. 2003/1417), rule 196A (as inserted by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rules 2(1), 4(1), Sch. 1 para. 63)

S. 11(4) modified (10.11.2008) by The Land Registration Rules 2003 (S.I. 2003/1417), rule 196B (as inserted by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rules 2(1), 4(1), Sch. 1 para. 63)

S. 12(4) modified (10.11.2008) by The Land Registration Rules 2003 (S.I. 2003/1417), rule 196B (as inserted by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rules 2(1), 4(1), Sch. 1 para. 63)

S. 29(2)(a) modified (10.11.2008) by The Land Registration Rules 2003 (S.I. 2003/1417), rule 196B (as inserted by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rules 2(1), 4(1), Sch. 1 para. 63)

S. 49(3)(b) modified (13.10.2003) by The Land Registration Act 2002 (Transitional Provisions) Order 2003 (S.I. 2003/1953), art. 25; S.I. 2003/1725, art. 2(1)

S. 72 applied (13.10.2003) by The Land Registration Act 2002 (Transitional Provisions) Order 2003 (S.I. 2003/1953), art. 28(2); S.I. 2003/1725, art. 2(1)

S. 91(9) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948) , arts. 2(2) , 3(1)(b) , Sch. 1 para. 224 (with arts. 6 , 11 , 12 )

S. 97 wholly in force at 13.10.2004; s. 97 not in force at Royal Assent see s. 136(2); s. 97 in force for certain purposes at 13.10.2003 and otherwise 13.10.2004 by S.I. 2003/1725, art. 2

S. 98 wholly in force at 13.10.2004; s. 98 not in force at Royal Assent see s. 136(2); s. 98(2)-(7) in force at 13.10.2003, s. 98(1) in force at 13.10.2004 by S.I. 2003/1725, art. 2

S. 102 extended (29.9.2003) by 2002 c. 15, ss. 65(5), 181(1); S.I. 2003/2377, art. 2

S. 106(2): words in definition of "company" substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 193(2) (with art. 10)

S. 121 substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 193(3) (with art. 10)

Words in s. 125(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 167; S.I. 2005/3175, art. 2(2)

Words in s. 127(2)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 302(2); S.I. 2006/1014, art. 2, Sch.

Words in s. 127(2)(h) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 302(3); S.I. 2006/1014, art. 2, Sch.

S. 133 wholly in force at 13.10.2003; s. 133 not in force at Royal Assent see s. 136(2); s. 133 in force for certain purposes at 28.4.2003 by S.I. 2003/1028, art. 2, and in force at 13.10.2003 in so far as not already in force by S.I. 2003/1725, art. 2

S. 134 wholly in force at 13.10.2003; s. 134 not in force at Royal Assent see s. 136(2); s. 134(1) in force at 4.4.2003 by S.I. 2003/935, art. 2; s. 134(2)(3) in force at 13.10.2003 by S.I. 2003/1725, art. 2

S. 136(2) power fully exercised: 4.4.2003 appointed for specified provisions by {S.I. 2003/935}, art. 2; 28.4.2003 appointed for specified provisions and purposes by {S.I. 2003/1028}, art. 2; 27.6.2003 appointed for specified provisions by {S.I. 2003/1612}, art. 2; 13.10.2003 and 13.10.2004 appointed by {S.I. 2003/1725}, art. 2

Sch. 1 paras. 10-14 shall cease to have effect (coming into force in accordance with s. 117(1) of 2002 c. 9) by virtue of 2002 c. 9, ss. 117(1), 136(2) (with ss. 117(2), 129)

Sch. 1 paras. 10-14 shall cease to have effect at the end of ten years beginning with the day on which Schs. 1 and 3 of the Act come into force by virtue of 2002 c. 9, ss. 117(1), 136(2) (with ss. 117(2), 129)

Sch. 1 para. 16 inserted (temp. from 13.10.2003 - 13.10.2013) by The Land Registration Act 2002 (Transitional Provisions) (No 2) Order 2003 (S.I. 2003/2431), art. 2(1)

Sch. 3 excluded (24.2.2003.) by 1985 c. 68, Sch. 9A para. 6(1) (as substituted by 2002 c. 9, ss. 133, 136(2), Sch. 11 para. 18(10) (with s. 129); S.I. 2003/120, art. 2 (subject to transitional provisions and savings)

Sch. 3 paras. 10-14 shall cease to have effect at the end of ten years beginning with the day on which Schs. 1 and 3 of the Act come into force by virtue of 2002 c. 9, ss. 117(1), 136(2) (with ss. 117(2), 129)

Sch. 3 para. 16 inserted (temp. from 13.10.2003 - 13.10.2013) by The Land Registration Act 2002 (Transitional Provisions) (No 2) Order 2003 (S.I. 2003/2431), art. 2(2)

Sch. 4 excluded (27.9.2004) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 6(2), 181(1); S.I. 2004/1832, art. 2

Sch. 6 para. 5 wholly in force at 13.10.2004; Sch. 6 para. 5 not in force at Royal Assent see s. 136(2); Sch. 6 para. 5(1)-(3) in force at 13.10.2003, Sch. 6 para. 5(4)(5) in force at 13.10.2004 by S.I. 2003/1725, art. 2

Sch. 8: Power to apply, exclude or modify conferred (E.W.) (27.9.2004) by 2002 c. 15, ss. 6(6)(g), 181(1); S.I. 2004/1832, art. 2

Sch. 11 para. 22 repealed (prosp.) by 2002 c. 29, ss. 457, 458(1), Sch. 12

Sch. 11 para. 32 repealed (prosp.) by 2002 c. 29, ss. 457, 458(1), Sch. 12

Sch. 12 para. 2(3) modified (13.10.2003) by The Land Registration Act 2002 (Transitional Provisions) Order 2003 (S.I. 2003/1953), art. 17; S.I. 2003/1725, art. 2(1)

Sch. 12 para. 5 excluded (13.10.2003) by The Land Registration Act 2002 (Transitional Provisions) Order 2003 (S.I. 2003/1953), arts. {7(2)}, {24(1)}; S.I. 2003/1725, art. 2(1)

Repeals in this Sch. have the same extent as the enactments repealed except as mentioned in s. 136(4)

Act: certain functions transferred (9.11.2011) by The Transfer of Functions (Her Majesty's Land Registry, the Meteorological Office and Ordnance Survey) Order 2011 (S.I. 2011/2436), art. 1(2), Sch. 1 para. 3

Words in s. 5(1) substituted (9.11.2011) by The Transfer of Functions (Her Majesty's Land Registry, the Meteorological Office and Ordnance Survey) Order 2011 (S.I. 2011/2436), art. 1(2), Sch. 2 para. 4(2)

Words in s. 5(4) substituted (9.11.2011) by The Transfer of Functions (Her Majesty's Land Registry, the Meteorological Office and Ordnance Survey) Order 2011 (S.I. 2011/2436), art. 1(2), Sch. 2 para. 4(2)

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