Land Registration Act 2002 (c. 9)

(The document as of February, 2008)

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(5) In its application by virtue of subsection (1), section 7 has effect with the substitution for subsection (2) of--

" (2) On the application of subsection (1), the grant has effect as a contract made for valuable consideration to grant the legal estate concerned " .

81 Demesne land: cautions against first registration

(1) Section 15 shall apply as if demesne land were held by Her Majesty for an unregistered estate in fee simple absolute in possession.

(2) The provisions of this Act relating to cautions against first registration shall, in relation to cautions lodged by virtue of subsection (1), have effect subject to such modifications as rules may provide.

82 Escheat etc

(1) Rules may make provision about--

(a) the determination of a registered freehold estate in land, and

(b) the registration of an unregistered freehold legal estate in land in respect of land to which a former registered freehold estate in land related.

(2) Rules under this section may, in particular--

(a) make provision for determination to be dependent on the meeting of such registration requirements as the rules may specify;

(b) make provision for entries relating to a freehold estate in land to continue in the register, notwithstanding determination, for such time as the rules may provide;

(c) make provision for the making in the register in relation to a former freehold estate in land of such entries as the rules may provide;

(d) make provision imposing requirements to be met in connection with an application for the registration of such an unregistered estate as is mentioned in subsection (1)(b).

83 Crown and Duchy land: representation

(1) With respect to a Crown or Duchy interest, the appropriate authority--

(a) may represent the owner of the interest for all purposes of this Act,

(b) is entitled to receive such notice as that person is entitled to receive under this Act, and

(2) In this section--

"the appropriate authority" means--
(a)
in relation to an interest belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;
(b)
in relation to any other interest belonging to Her Majesty in right of the Crown, the government department having the management of the interest or, if there is no such department, such person as Her Majesty may appoint in writing under the Royal Sign Manual;
(c)
in relation to an interest belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;
(d)
in relation to an interest belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;
(e)
in relation to an interest belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, that department;
"Crown interest" means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department;
"Duchy interest" means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall;
"interest" means any estate, interest or charge in or over land and any right or claim in relation to land.

84 Disapplication of requirements relating to Duchy land

Nothing in any enactment relating to the Duchy of Lancaster or the Duchy of Cornwall shall have effect to impose any requirement with respect to formalities or enrolment in relation to a disposition by a registered proprietor.

85 Bona vacantia

Rules may make provision about how the passing of a registered estate or charge as bona vacantia is to be dealt with for the purposes of this Act.

Pending actions etc.

86 Bankruptcy

(1) In this Act, references to an interest affecting an estate or charge do not include a petition in bankruptcy or bankruptcy order.

(2) As soon as practicable after registration of a petition in bankruptcy as a pending action under the Land Charges Act 1972 (c. 61), the registrar must enter in the register in relation to any registered estate or charge which appears to him to be affected a notice in respect of the pending action.

(3) Unless cancelled by the registrar in such manner as rules may provide, a notice entered under subsection (2) continues in force until--

(a) a restriction is entered in the register under subsection (4), or

(b) the trustee in bankruptcy is registered as proprietor.

(4) As soon as practicable after registration of a bankruptcy order under the Land Charges Act 1972, the registrar must, in relation to any registered estate or charge which appears to him to be affected by the order, enter in the register a restriction reflecting the effect of the Insolvency Act 1986 (c. 45).

(5) Where the proprietor of a registered estate or charge is adjudged bankrupt, the title of his trustee in bankruptcy is void as against a person to whom a registrable disposition of the estate or charge is made if--

(a) the disposition is made for valuable consideration,

(b) the person to whom the disposition is made acts in good faith, and

(i) no notice or restriction is entered under this section in relation to the registered estate or charge, and

(ii) the person to whom the disposition is made has no notice of the bankruptcy petition or the adjudication.

(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.

87 Pending land actions, writs, orders and deeds of arrangement

(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),

(d) a deed of arrangement.

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

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

(b) a deed of arrangement.

(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) In this section, "deed of arrangement" has the same meaning as in the Deeds of Arrangement Act 1914 (c. 47).

Miscellaneous

88 Incorporeal hereditaments

In its application to--

(a) rentcharges,

(b) franchises,

(d) manors,

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

89 Settlements

(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.

90 PPP leases relating to transport in London

(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

91 Electronic dispositions: formalities

(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) If subsection (4) of section 36A of the Companies Act 1985 (c. 6) (execution of documents) applies to a document because of subsection (4) above, subsection (6) 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).

92 Land registry network

(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.

93 Power to require simultaneous registration

(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 Lord Chancellor must consult such persons as he considers appropriate.

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

94 Electronic settlement

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.

95 Supplementary

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

96 Disapplication of periods of limitation

(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.

97 Registration of adverse possessor

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

98 Defences

(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

99 The land registry

(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 Lord Chancellor shall appoint a person to be the Chief Land Registrar.

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

100 Conduct of business

(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 Lord Chancellor may by regulations make provision about the carrying out of functions during any vacancy in the office of registrar.

(3) The Lord Chancellor 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.

101 Annual report

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

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

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

Fees and indemnities

102 Fee orders

The Lord Chancellor 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.

103 Indemnities

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

Miscellaneous

104 General information about land

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.

105 Consultancy and advisory services

(1) The registrar may provide, or arrange for the provision of, consultancy or advisory services about the registration of land in England and Wales or elsewhere.

(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.

106 Incidental powers: companies

(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, 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 within the meaning of the Companies Act 1985 (c. 6);
"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

107 The adjudicator

(1) The Lord Chancellor shall appoint a person to be the Adjudicator to Her Majesty's Land Registry.

(2) To be qualified for appointment under subsection (1), a person must have a 10 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41)).

(3) Schedule 9 (which makes further provision about the adjudicator) has effect.

108 Jurisdiction

(1) The adjudicator has the following functions--

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

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

(2) Also, the adjudicator 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.

109 Procedure

(1) Hearings before the adjudicator shall be held in public, except where he is satisfied that exclusion of the public is just and reasonable.

(2) Subject to that, rules may regulate the practice and procedure to be followed with respect to proceedings before the adjudicator and matters incidental to or consequential on such proceedings.

(3) Rules under subsection (2) may, in particular, make provision about--

(a) when hearings are to be held,

(b) requiring persons to attend hearings to give evidence or to produce documents,

(d) payment of costs of a party to proceedings by another party to the proceedings, and

(e) liability for costs thrown away as the result of neglect or delay by a legal representative of a party to proceedings.

110 Functions in relation to disputes

(1) In proceedings on a reference under section 73(7), the adjudicator may, instead of deciding a matter himself, 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) 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 adjudicator pending the outcome of the proceedings before the court, and

(b) the powers of the adjudicator in the event of failure to comply with a direction under subsection (1).

(3) Rules may make provision about the functions of the adjudicator in consequence of a decision on a reference under section 73(7) and may, in particular, make provision enabling the adjudicator 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 the 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 adjudicator 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 adjudicator--

(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.

111 Appeals

(1) Subject to subsection (2), a person aggrieved by a decision of the adjudicator may appeal to the High Court.

(2) In the case of a decision on an appeal under paragraph 4 of Schedule 5, only appeal on a point of law is possible.

(3) If on an appeal under this section relating to an application under paragraph 1 of Schedule 6 the court 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 court must determine how the equity due to the applicant is to be satisfied.

112 Enforcement of orders etc

A requirement of the adjudicator shall be enforceable as an order of the court.

113 Fees

The Lord Chancellor may by order--

(a) prescribe fees to be paid in respect of proceedings before the adjudicator;

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

114 Supplementary

Power to make rules under this Part is exercisable by the Lord Chancellor.

Part 12 Miscellaneous and general

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