THE SOLE LEGAL OWNER OF LAND – REVISION NOTES
Who Can Exercise the Owner’s Powers / Who is the Owner?
Section 24 Land Registration Act - A person is entitled to exercise owner’s powers
in relation to a registered estate or charge if he is –
• The registered proprietor or
• Entitled to be registered as the proprietor (Person’s representative)
We only mean the legal owner in this context.
What Are The Owner’s Powers?
Section 23 Land Registration Act - Owner’s powers in relation to a registered
estate consist of;
• Power to make a disposition of any kind permitted by the general law in
relation to an interest of that description… (Power to sell the land)
and;
• Power to charge the estate at law with the payment of money. (Power to
mortgage the land)
Key Point!
This means that the registered proprietor of a freehold estate or a leasehold estate
can sell the estate, give it away or create a mortgage over that estate. That’s what
you get if you are the legal owner of the land under Section 23 and 24 Land
Registration Act 1925.
Is The Legal Owner Always The Sole Beneficial Owner Of Land?
No, not necessarily. The Registered Proprietor may be a trustee holding the land for
a beneficiary or beneficiaries.
The Land Registry only shows the legal title, it does not show all the interests. The
beneficiaries are “Behind the curtain”.
Who Can Exercise the Owner’s Powers / Who is the Owner?
Section 24 Land Registration Act - A person is entitled to exercise owner’s powers
in relation to a registered estate or charge if he is –
• The registered proprietor or
• Entitled to be registered as the proprietor (Person’s representative)
We only mean the legal owner in this context.
What Are The Owner’s Powers?
Section 23 Land Registration Act - Owner’s powers in relation to a registered
estate consist of;
• Power to make a disposition of any kind permitted by the general law in
relation to an interest of that description… (Power to sell the land)
and;
• Power to charge the estate at law with the payment of money. (Power to
mortgage the land)
Key Point!
This means that the registered proprietor of a freehold estate or a leasehold estate
can sell the estate, give it away or create a mortgage over that estate. That’s what
you get if you are the legal owner of the land under Section 23 and 24 Land
Registration Act 1925.
Is The Legal Owner Always The Sole Beneficial Owner Of Land?
No, not necessarily. The Registered Proprietor may be a trustee holding the land for
a beneficiary or beneficiaries.
The Land Registry only shows the legal title, it does not show all the interests. The
beneficiaries are “Behind the curtain”.
