Registration and its Effect
‘Registration of Title’ or ‘Title by Registration’
Effect of Registration
Land Registration Act 2002, s.58(1)
‘If, on the entry of a person in the register as the proprietor of a legal estate, the legal estate would not otherwise
be vested in him, it shall be deemed to be vested in him as a result of the registration.’
As long as you are registered, you are treated as the real owner with property rights
Registration is important because it prevents squatters from obtaining property rights by staying on the
property for a long enough time (prevents independent acquisition of property rights)
s.32(3)
‘The fact that an interest is the subject of a notice does not necessarily mean that the interest is valid, but does
mean that the priority of the interest, if valid, is protected for the purposes of sections 29 and 30.’
If an interest is the subject of a notice, it will be protected for s.29 & 30. But you still have to prove that
the interest is valid
Land Registration Act 2002, s.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 as the proprietor
Refers to the situation where there is a registration gap
[documents submitted but still being processed]
Land Registration Act 2002, s.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
description, other than a mortgage by demise or sub-demise, and
[able to transfer estate to another person]
(b) power to charge the estate at law with the payment of money.
[able to apply mortgage charge to your estate]
(2) Owner’s powers in relation to a registered charge consist of—
(a) power to make a disposition of any kind permitted by the general law in relation to an interest of that
description, other than a legal sub-mortgage, and
(b) power to charge at law with the payment of money indebtedness secured by the registered charge.’
Pye v Stodday Land Ltd
Example of how service of a notice to quit falls outside the powers of s.24
Only falls under s.23 [which requires you to be registered first]
Notice failed, and the tenant was allowed to stay longer
Cannot serve a notice to quit during registration gap
3 General Problems regarding Registration
1. Innocent Mistake
‘Registration of Title’ or ‘Title by Registration’
Effect of Registration
Land Registration Act 2002, s.58(1)
‘If, on the entry of a person in the register as the proprietor of a legal estate, the legal estate would not otherwise
be vested in him, it shall be deemed to be vested in him as a result of the registration.’
As long as you are registered, you are treated as the real owner with property rights
Registration is important because it prevents squatters from obtaining property rights by staying on the
property for a long enough time (prevents independent acquisition of property rights)
s.32(3)
‘The fact that an interest is the subject of a notice does not necessarily mean that the interest is valid, but does
mean that the priority of the interest, if valid, is protected for the purposes of sections 29 and 30.’
If an interest is the subject of a notice, it will be protected for s.29 & 30. But you still have to prove that
the interest is valid
Land Registration Act 2002, s.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 as the proprietor
Refers to the situation where there is a registration gap
[documents submitted but still being processed]
Land Registration Act 2002, s.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
description, other than a mortgage by demise or sub-demise, and
[able to transfer estate to another person]
(b) power to charge the estate at law with the payment of money.
[able to apply mortgage charge to your estate]
(2) Owner’s powers in relation to a registered charge consist of—
(a) power to make a disposition of any kind permitted by the general law in relation to an interest of that
description, other than a legal sub-mortgage, and
(b) power to charge at law with the payment of money indebtedness secured by the registered charge.’
Pye v Stodday Land Ltd
Example of how service of a notice to quit falls outside the powers of s.24
Only falls under s.23 [which requires you to be registered first]
Notice failed, and the tenant was allowed to stay longer
Cannot serve a notice to quit during registration gap
3 General Problems regarding Registration
1. Innocent Mistake
