Land Registration Act 2002 (c. 9)

(The document as of February, 2008)

-- Back --

Page 6

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9

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.

Section 65

SCHEDULE 4 Alteration of the register

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.

Section 92

SCHEDULE 5 Land registry network

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 adjudicator.

(2) On determining an appeal under this paragraph, the adjudicator may give such directions as he considers appropriate to give effect to his determination.

(3) Rules may make provision about appeals under this paragraph.

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 Lord Chancellor.

(2) Before making such rules, the Lord Chancellor must consult such persons as he considers appropriate.

(3) In making rules under paragraph 1 or 3(2)(a), the Lord Chancellor 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--
(a)
involves registration, and
(b)
is capable of being effected electronically.

Section 97

SCHEDULE 6 Registration of adverse possessor

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.

(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.

Section 99

SCHEDULE 7 The land registry

Holding of office by Chief Land Registrar

1 (1) The registrar may at any time resign his office by written notice to the Lord Chancellor.

(2) The Lord Chancellor 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 Lord Chancellor shall pay the registrar such remuneration, and such travelling and other allowances, as the Lord Chancellor may determine.

(2) The Lord Chancellor 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 Lord Chancellor determines that there are special circumstances which make it right that the person should receive compensation, the Lord Chancellor 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, 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. " ;

and a corresponding amendment is made in Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25).

Section 103

SCHEDULE 8 Indemnities

Entitlement

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