📍
Enforceability in The Registered
System
The Registered System
Registered Conveyancing
📍 Land transactions occur in TWO STAGES: exchange of contracts and
completion. For registered land, the transfer of ownership is done through a
deed called a transfer.
Proof of ownership — In registered conveyancing, ownership is proven through an
'official copy' of the Land Registry entries. The public register, maintained by Land
Registry, assigns each title a unique number and reveals the current owner and most interests
affecting the property. The register consists of three parts:
1. The Property Register—
contains a description of the land by reference to a title plan and to the address of
the property;
the title plan shows edged red the extent of the land which Land Registry (ie
the State) guarantees.
reveals the legal estate which has been registered under this title number –
freehold or leasehold; and,
contains the rights for the benefit of the registered title.
2. Proprietorship Register—
states the class of title;
(absolute title is the best and most common grade. Land Registry can award
lesser grades of title, being possessory and qualified);
Enforceability in The Registered System 1
, reveals the name and address of the legal owners of the land, ie the ‘registered
proprietors’;
indicates any restrictions affecting the ability of the registered proprietors to deal
with the legal estate in land; and,
records the price paid for the land by the current owners if the land has been sold
since 1 April 2000.
3. Charges register—
contains notices of any third party rights registered against the title which burden
the land;
notes any registrable leases created out of the registered title;
records any mortgage by registered charge created out of the registered title.
The transfer — The deed used to transfer ownership of a registered title is called a transfer
A transfer has a different effect than a conveyance in unregistered land.
Section 27 of the LRA 2002 — completing a transfer of a registered title does not
immediately transfer the legal estate from seller to buyer.
The legal estate remains with the seller until the buyer's name is put on the register as
the new owner
This contrasts with unregistered land, where completing a conveyance immediately
passes the legal estate to the buyer
The Registered System
📍 The registered titles system was introduced to address issues with
unregistered titles — Land Registry, a centralised body, manages title
registration across administrative areas in England and Wales, each with its
own centrally funded district land registry.
Estates capable of registration —The previous legislation from 1925 relating to land
registration was updated by the Land Registration Act 2002, which came into effect on 13
October 2003, it states that:
ALL FREEHOLDS — are CAPABLE of registration with substantive registration.
Enforceability in The Registered System 2
Enforceability in The Registered
System
The Registered System
Registered Conveyancing
📍 Land transactions occur in TWO STAGES: exchange of contracts and
completion. For registered land, the transfer of ownership is done through a
deed called a transfer.
Proof of ownership — In registered conveyancing, ownership is proven through an
'official copy' of the Land Registry entries. The public register, maintained by Land
Registry, assigns each title a unique number and reveals the current owner and most interests
affecting the property. The register consists of three parts:
1. The Property Register—
contains a description of the land by reference to a title plan and to the address of
the property;
the title plan shows edged red the extent of the land which Land Registry (ie
the State) guarantees.
reveals the legal estate which has been registered under this title number –
freehold or leasehold; and,
contains the rights for the benefit of the registered title.
2. Proprietorship Register—
states the class of title;
(absolute title is the best and most common grade. Land Registry can award
lesser grades of title, being possessory and qualified);
Enforceability in The Registered System 1
, reveals the name and address of the legal owners of the land, ie the ‘registered
proprietors’;
indicates any restrictions affecting the ability of the registered proprietors to deal
with the legal estate in land; and,
records the price paid for the land by the current owners if the land has been sold
since 1 April 2000.
3. Charges register—
contains notices of any third party rights registered against the title which burden
the land;
notes any registrable leases created out of the registered title;
records any mortgage by registered charge created out of the registered title.
The transfer — The deed used to transfer ownership of a registered title is called a transfer
A transfer has a different effect than a conveyance in unregistered land.
Section 27 of the LRA 2002 — completing a transfer of a registered title does not
immediately transfer the legal estate from seller to buyer.
The legal estate remains with the seller until the buyer's name is put on the register as
the new owner
This contrasts with unregistered land, where completing a conveyance immediately
passes the legal estate to the buyer
The Registered System
📍 The registered titles system was introduced to address issues with
unregistered titles — Land Registry, a centralised body, manages title
registration across administrative areas in England and Wales, each with its
own centrally funded district land registry.
Estates capable of registration —The previous legislation from 1925 relating to land
registration was updated by the Land Registration Act 2002, which came into effect on 13
October 2003, it states that:
ALL FREEHOLDS — are CAPABLE of registration with substantive registration.
Enforceability in The Registered System 2
