Legal Services – Registering a Legal Interest in Land
Good land registration facilitates the buying, selling and mortgaging of land and property and provides confidence to the property market. It can promote growth and provide certainty of legal ownership. Many people and organisations have interests in land – sometimes competing interests in the same piece of land. The regulations on land registration record and protect these various interests.
You can find all regulations that relate to registering a legal interest in land below to the left. Please note that this theme will close for comment on 5 July 2012.
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Commonhold (Land Registration) (Amendment) Rules 2008 Amend the 2004 Commonhold Rules to allow for evidence in support of certain applications to be given in the form of a statement of truth instead of a statutory declaration. Read More… (opens in a new window)
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Commonhold (Land Registration) (Amendment) Rules 2009 Amend the 2004 Commonhold Rules, as a result of changes made to the Commonhold and Leasehold Reform Act 2002 by the Companies Act 2006 which removed references to the memorandum of association of a commonhold association. Read More… (opens in a new window)
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Commonhold (Land Registration) Rules 2004 Set out the procedure for registration of commonhold land at Land Registry, and for related applications to the registrar. Read More… (opens in a new window)
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Land Charges (Amendment) Rules 1995 Make further changes in relation to applications for official searches and official copies, and provide for how application forms are to be completed where a land charge is to be registered against the name of deceased person (following an amendment to the Land Charges Act 1972 to allow such registrations). Read More… (opens in a new window)
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Land Charges (Amendment) Rules 2005 Make changes to reflect the creation of civil partnerships, by incorporating references to civil partnerships and by introducing new application forms in relation to rights of occupation of a matrimonial or civil partnership home. Read More… (opens in a new window)
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Land Charges Rules 1974 Made under the Land Charges Act 1972, they set out the procedures and forms for entering details, in the land charges registers, of certain third party interests against the name of the owner of the affected unregistered land so as to provide notice of those interests, and for searching the index of these interests and obtaining office copies of register entries. Read More… (opens in a new window)
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Land Registration (Acting Adjudicator) Regulations 2003 Provides for the appointment of an Acting Adjudicator for the Land Registry in the event of a vacancy in the office of Adjudicator. Read More… (opens in a new window)
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Land Registration (Acting Chief Land Registrar) Regulations 2003 Allow the Secretary of State to appoint an acting Chief Land Registrar to carry out the Chief Land Registrar’s functions during any vacancy in that office. Read More… (opens in a new window)
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Land Registration (Amendment) (No 2) Rules 2005 Amend the Land Registration Rules 2003 in consequence of the Civil Partnership Act 2004, and prescribe the key clauses that must be included at the beginning of a registrable lease. Read More… (opens in a new window)
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Land Registration (Amendment) Rules 2005 Amend the Land Registration Rules 2003 by altering and extending standard forms of restrictions used in the registers of title and improving other forms (further changed by the 2008 Amendment Rules) Read More… (opens in a new window)
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Land Registration (Amendment) Rules 2008 Amend the Land Registration Rules 2003 following a full review, taking account of suggestions made by customers, to improve practice and reduce the administrative burden where possible. Read More… (opens in a new window)
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Land Registration (Amendment) Rules 2009 Amend the Land Registration Rules 2003, in consequence of the Companies Act 2006, the Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009, and the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009, by making provision about the then requirement for registration of charges by overseas companies at Companies House and introducing an additional form of execution by limited liability partnerships. Read More… (opens in a new window)
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Land Registration (Electronic Conveyancing) Rules 2008 Provide for the creation of legal charges (mortgages) in electronic form, setting out when an electronic form of legal charge can be used, and what the electronic document must contain. Read More… (opens in a new window)
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Land Registration (Network Access) Rules 2008 Set out the agreements needed to gain access to the land registry network for carrying out electronic conveyancing, including who can have an agreement with the registrar and what it must contain. Read More… (opens in a new window)
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Land Registration (Proper Office) Order 2010 Designates particular offices of the Land Registry for the receipt of applications, on a geographical basis, unless there is a written arrangement or the application is delivered electronically. Read More… (opens in a new window)
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Land Registration (Referral to the Adjudicator to HM Land Registry) Rules 2003 Set out the process under which disputed applications to the registrar are referred to the Adjudicator to HM Land Registry so that the Adjudicator can determine the matters in dispute or direct a party to commence court proceedings for the purpose of obtaining the court’s decision on the matter. Read More… (opens in a new window)
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Land Registration Act 2002 (Amendment) Order 2008 Makes it compulsory to register for the first time title to land held on trust when it vests in a new trustee on or following their appointment, or when such land is partitioned between the beneficiaries of the trust. Read More… (opens in a new window)
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Land Registration Act 2002 (Transitional Provisions) (No 2) Order 2003 Amends the Land Registration Act 2002 by extending the overriding status of a liability to repair the chancel of a church for a period of 10 years beyond the repeal, on 13 October 2003, of the Land Registration Act 1925. Read More… (opens in a new window)
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Land Registration Act 2002 (Transitional Provisions) Order 2003 Protects certain applications, register entries and other matters that were made under, or were subject to, the Land Registration Act 1925 and Land Registration Rules 1925, which were repealed and revoked on 13 October 2003. Read More… (opens in a new window)
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Land Registration Rules 2003 These are the main rules made under the Land Registration Act 2002, and are concerned with: the detail and technical aspects of how land and interests in land in England and Wales are registered; applications to Land Registry; and the provision of land registration information. Read More… (opens in a new window)
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Land Registration (Amendment) Rules 2011 Amend the definition of ‘conveyancer’ in the 2003 Rules to be consistent with the Legal Services Act 2007, which sets out who can carry on certain legal activities, including preparing and making applications under the Land Registration Act 2002. Read More… (opens in a new window)
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Land Registration (Network Access) (Amendment) Rules 2011 Amend the 2008 Rules, changing the definition of conveyancer to be consistent with the provisions of the Legal Services Act 2007, which sets out who can carry on certain legal activities, including preparing and making applications under the Land Registration Act 2002. Read More… (opens in a new window)
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Land Registration (Proper Office) (Amendment) Order 2011 Amends the definition of ‘conveyancer’ in the 2010 Proper Office Order to be consistent with the Legal Services Act 2007, which sets out who can carry on certain legal activities, including preparing and making applications under the Land Registration Act 2002. Read More… (opens in a new window)
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Land Charges (Amendment) Rules 1990 Allow applications to be made by fax for official searches of the index of land charges and for office copies of entries made in the land charges registers, and set out what forms must be used. Read More… (opens in a new window)
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Land Charges (Amendment) Rules 1994 Allow for applications to be made electronically for official searches of the index of land charges and for official copies of entries made in the land charges registers. Read More… (opens in a new window)
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Agricultural Credits Regulations 1928 Set out the formalities for registering, rectifying and cancelling certain agricultural charges of farming stock granted by farmers who are individuals, and for carrying out searches of the Agricultural Credits Register. Read More… (opens in a new window)
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Tell us what you think should happen to these regulations and why, being specific where possible:
- Could their purpose be achieved in a non-regulatory way (eg through a voluntary code?) How?
- Could they be reformed, simplified or merged? How?
- Can we reduce their bureaucracy through better implementation? How?
- Can we make their enforcement less burdensome? How?
- Should they be left as they are?
The requirement to register all leases created for a term of more than 7 years has added a huge amount of work for conveyancers with virtually no discernible benefit, whether for property owners, buyers, mortgagees or members of the public. Go back to the previous requirement based upon 21 years.
Also the red tape regarding plans required with leases is unnecessary. Often a sketch plan is perfectly adequate to describe, say, a floor in an office building. If it happens that the plan is misleading, this should be a problem solely for the parties to sort out – not one requiring State interference.
Repeal the Land Registration Act 2002, abolish the Land Registry, and revert to the (much more satisfactory) unregistered system instead. Alternatively, allow people to de-register their land if they wish.
Thanks for your comment, Mark! Have you come across any regulations in this area which should be looked at?
Tidy-up all legislation on Land/Tenancies/Housing, please, as it’s a dreadful mess of over 100 Acts of Parliament.
In fact, I’ve already sent a draft proposal to both Grant Shapps MP (Housing Minister) and the Law Commission. Both resolutely ignored it. Consolidation of legislation (and simplification) is long-overdue. It could easily be reduced by at least one-third!Comment Tags: consolidation, land law, land tenancies and housing, Legislation