Land Registration Act 2002 (c. 9)

(The document as of February, 2008)

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

(c) a mistake in an official search,

(d) a mistake in an official copy,

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

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

(g) a mistake in the cautions register, or

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

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

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

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

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

Mines and minerals

2 No indemnity is payable under this Schedule on account of--

(a) any mines or minerals, or

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

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

Costs

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

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

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

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

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

4 (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.

Section 107

SCHEDULE 9 The adjudicator

Holding of office

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

(2) The Lord Chancellor may remove the adjudicator from office on the ground of incapacity or misbehaviour.

(3) Section 26 of the Judicial Pensions and Retirement Act 1993 (c. 8) (compulsory retirement at 70, subject to the possibility of annual extension up to 75) applies to the adjudicator.

(4) Subject to the above, a person appointed to be the adjudicator 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

2 (1) The Lord Chancellor shall pay the adjudicator such remuneration, and such 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 adjudicator, 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) Sub-paragraph (2) does not apply if the office of adjudicator is a qualifying judicial office within the meaning of the Judicial Pensions and Retirement Act 1993.

(4) If, when a person ceases to be the adjudicator, 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 adjudicator may appoint such staff as he thinks fit.

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

Conduct of business

4 (1) Subject to sub-paragraph (2), any function of the adjudicator may be carried out by any member of his staff who is authorised by him for the purpose.

(2) In the case of functions which are not of an administrative character, sub-paragraph (1) only applies if the member of staff has a 10 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41)).

5 The Lord Chancellor may by regulations make provision about the carrying out of functions during any vacancy in the office of adjudicator.

Finances

6 The Lord Chancellor shall be liable to reimburse expenditure incurred by the adjudicator in the discharge of his functions.

7 The Lord Chancellor may require the registrar to make payments towards expenses of the Lord Chancellor under this Schedule.

Application of Tribunals and Inquiries Act 1992

8 In Schedule 1 to the Tribunal and Inquiries Act 1992 (c. 53) (tribunals under the supervision of the Council on Tribunals), after paragraph 27 there is inserted--

" Land Registration

27B. The Adjudicator to Her Majesty's Land Registry. "

Parliamentary disqualification

9 In Part 1 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (judicial offices), there is inserted at the end--

" Adjudicator to Her Majesty's Land Registry. " ;

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

Section 126

SCHEDULE 10 Miscellaneous and general powers

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

(c) when such a certificate must be produced or surrendered to the registrar.

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;

(c) make provision about when an application under this Act is to be taken as made;

(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.

Section 133

SCHEDULE 11 Minor and consequential amendments

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. "

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