VadeLab

Land Registration Act 2002

Sections and provisions with full text and the judgments that cite each one.

Section 1 — Register of title

Register of title 1 1 There is to continue to be a register of title kept by the registrar. 2 Rules may make provision about how the register is to be kept and may, in particular, make provision…

Section 1A — Relevant social housing tenancies

Relevant social housing tenancies 1A A leasehold estate in land under a relevant social housing tenancy.

Section 2 — Scope of title registration

Scope of title registration 2 This Act makes provision about the registration of title to— a unregistered legal estates which are interests of any of the following kinds— i an estate in land, ii a…

Section 3 — When title may be registered

When title may be registered 3 1 This section applies to any unregistered legal estate which is an interest of any of the following kinds— a an estate in land, b a rentcharge, c a franchise, and d a…

Section 4 — When title must be registered

When title must be registered 4 1 The requirement of registration applies on the occurrence of any of the following events— a the transfer of a qualifying estate— i for valuable or other…

Section 5 — Power to extend section 4

Power to extend section 4 5 1 The Secretary of State may by order— a amend section 4 so as to add to the events on the occurrence of which the requirement of registration applies such relevant event…

Section 6 — Duty to apply for registration of title

Duty to apply for registration of title 6 1 If the requirement of registration applies, the responsible estate owner, or his successor in title, must, before the end of the period for registration,…

Section 7 — Effect of non-compliance with section 6

Effect of non-compliance with section 6 7 1 If the requirement of registration is not complied with, the transfer, grant or creation becomes void as regards the transfer, grant or creation of a legal…

Section 8 — Liability for making good void transfers etc

Liability for making good void transfers etc 8 If a legal estate is retransferred, regranted or recreated because of a failure to comply with the requirement of registration, the transferee, grantee…

Section 9 — Titles to freehold estates

Titles to freehold estates 9 1 In the case of an application for registration under this Chapter of a freehold estate, the classes of title with which the applicant may be registered as proprietor…

Section 10 — Titles to leasehold estates

Titles to leasehold estates 10 1 In the case of an application for registration under this Chapter of a leasehold estate, the classes of title with which the applicant may be registered as proprietor…

Section 11 — Freehold estates

Freehold estates 11 1 This section is concerned with the registration of a person under this Chapter as the proprietor of a freehold estate. 2 Registration with absolute title has the effect…

Section 12 — Leasehold estates

Leasehold estates 12 1 This section is concerned with the registration of a person under this Chapter as the proprietor of a leasehold estate. 2 Registration with absolute title has the effect…

Section 13 — Appurtenant rights and charges

Appurtenant rights and charges 13 Rules may— a make provision for the registration of the proprietor of a registered estate as the proprietor of an unregistered legal estate which subsists for the…

Section 14 — Rules about first registration

Rules about first registration 14 Rules may— a make provision about the making of applications for registration under this Chapter; b make provision about the functions of the registrar following the…

Section 15 — Right to lodge

Right to lodge 15 1 Subject to subsection (3), a person may lodge a caution against the registration of title to an unregistered legal estate if he claims to be— a the owner of a qualifying estate,…

Section 16 — Effect

Effect 16 1 Where an application for registration under this Part relates to a legal estate which is the subject of a caution against first registration, the registrar must give the cautioner notice…

Section 17 — Withdrawal

Withdrawal 17 The cautioner may withdraw a caution against first registration by application to the registrar.

Section 18 — Cancellation

Cancellation 18 1 A person may apply to the registrar for cancellation of a caution against first registration if he is— a the owner of the legal estate to which the caution relates, or b a person of…

Section 19 — Cautions register

Cautions register 19 1 The registrar must keep a register of cautions against first registration. 2 Rules may make provision about how the cautions register is to be kept and may, in particular, make…

Section 20 — Alteration of register by court

Alteration of register by court 20 1 The court may make an order for alteration of the cautions register for the purpose of— a correcting a mistake, or b bringing the register up to date. 2 An order…

Section 21 — Alteration of register by registrar

Alteration of register by registrar 21 1 The registrar may alter the cautions register for the purpose of— a correcting a mistake, or b bringing the register up to date. 2 Rules may make provision…

Section 22 — Supplementary

Supplementary 22 In this Chapter, “ the cautioner ”, in relation to a caution against first registration, means the person who lodged the caution, or such other person as rules may provide.

Section 23 — Owner’s powers

Owner’s powers 23 1 Owner’s powers in relation to a registered estate consist of— a power to make a disposition of any kind permitted by the general law in relation to an interest of that…

Section 24 — Right to exercise owner’s powers

Right to exercise owner’s powers 24 A person is entitled to exercise owner’s powers in relation to a registered estate or charge if he is— a the registered proprietor, or b entitled to be registered…

Section 25 — Mode of exercise

Mode of exercise 25 1 A registrable disposition of a registered estate or charge only has effect if it complies with such requirements as to form and content as rules may provide. 2 Rules may apply…

Section 26 — Protection of disponees

Protection of disponees 26 1 Subject to subsection (2), a person’s right to exercise owner’s powers in relation to a registered estate or charge is to be taken to be free from any limitation…

Section 27 — Dispositions required to be registered

Dispositions required to be registered 27 1 If a disposition of a registered estate or registered charge is required to be completed by registration, it does not operate at law until the relevant…

Section 28 — Basic rule

Basic rule 28 1 Except as provided by sections 29 and 30, the priority of an interest affecting a registered estate or charge is not affected by a disposition of the estate or charge. 2 It makes no…

Section 29 — Effect of registered dispositions: estates

Effect of registered dispositions: estates 29 1 If a registrable disposition of a registered estate is made for valuable consideration, completion of the disposition by registration has the effect of…

Section 30 — Effect of registered dispositions: charges

Effect of registered dispositions: charges 30 1 If a registrable disposition of a registered charge is made for valuable consideration, completion of the disposition by registration has the effect of…

Section 31 — Inland Revenue charges

Inland Revenue charges 31 The effect of a disposition of a registered estate or charge on a charge under section 237 of the Inheritance Tax Act 1984 (c. 51) (charge for unpaid tax) is to be…

Section 32 — Nature and effect

Nature and effect 32 1 A notice is an entry in the register in respect of the burden of an interest affecting a registered estate or charge. 2 The entry of a notice is to be made in relation to the…

Section 33 — Excluded interests

Excluded interests 33 No notice may be entered in the register in respect of any of the following— a an interest under— i a trust of land, or ii a settlement under the Settled Land Act 1925 (c. 18),…

Section 34 — Entry on application

Entry on application 34 1 A person who claims to be entitled to the benefit of an interest affecting a registered estate or charge may, if the interest is not excluded by section 33, apply to the…

Section 35 — Unilateral notices

Unilateral notices 35 1 If the registrar enters a notice in the register in pursuance of an application under section 34(2)(b) (“ a unilateral notice ”), he must give notice of the entry to— a the…

Section 36 — Cancellation of unilateral notices

Cancellation of unilateral notices 36 1 A person may apply to the registrar for the cancellation of a unilateral notice if he is— a the registered proprietor of the estate or charge to which the…

Section 37 — Unregistered interests

Unregistered interests 37 1 If it appears to the registrar that a registered estate is subject to an unregistered interest which— a falls within any of the paragraphs of Schedule 1, and b is not…

Section 38 — Registrable dispositions

Registrable dispositions 38 Where a person is entered in the register as the proprietor of an interest under a disposition falling within section 27(2)(b) to (e), the registrar must also enter a…

Section 39 — Supplementary

Supplementary 39 Rules may make provision about the form and content of notices in the register.

Section 40 — Nature

Nature 40 1 A restriction is an entry in the register regulating the circumstances in which a disposition of a registered estate or charge may be the subject of an entry in the register. 2 A…

Section 41 — Effect

Effect 41 1 Where a restriction is entered in the register, no entry in respect of a disposition to which the restriction applies may be made in the register otherwise than in accordance with the…

Section 42 — Power of registrar to enter

Power of registrar to enter 42 1 The registrar may enter a restriction in the register if it appears to him that it is necessary or desirable to do so for the purpose of— a preventing invalidity or…

Section 43 — Applications

Applications 43 1 A person may apply to the registrar for the entry of a restriction under section 42(1) if— a he is the relevant registered proprietor, or a person entitled to be registered as such…

Section 44 — Obligatory restrictions

Obligatory restrictions 44 1 If the registrar enters two or more persons in the register as the proprietor of a registered estate in land, he must also enter in the register such restrictions as…

Section 45 — Notifiable applications

Notifiable applications 45 1 Where an application under section 43(1) is notifiable, the registrar must give notice of the application, and of the right to object to it, to— a the proprietor of the…

Section 46 — Power of court to order entry

Power of court to order entry 46 1 If it appears to the court that it is necessary or desirable to do so for the purpose of protecting a right or claim in relation to a registered estate or charge,…

Section 47 — Withdrawal

Withdrawal 47 A person may apply to the registrar for the withdrawal of a restriction if— a the restriction was entered in such circumstances as rules may provide, and b he is of such a description…

Section 48 — Registered charges

Registered charges 48 1 Registered charges on the same registered estate, or on the same registered charge, are to be taken to rank as between themselves in the order shown in the register. 2 Rules…

Section 49 — Tacking and further advances

Tacking and further advances 49 1 The proprietor of a registered charge may make a further advance on the security of the charge ranking in priority to a subsequent charge if he has not received from…