Unregistered land Definition

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GLOSSARY

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What does Unregistered land mean?

Land in respect of which there is no entry on the Register of Title.

Title to unregistered land is proved by title deeds and long possession. The rules of land registration do not apply to unregistered land. A conveyance of unregistered land will trigger compulsory first registration.

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Perfecting security in real estate finance transactions—checklist

Perfecting security in real estate finance transactions—checklist This Checklist sets out the steps which property lawyers need to take to perfect security in a real estate finance transaction. Real estate finance lenders will typically want to take a full security package over all of the assets relating to the real estate. A real estate lawyer in a multi-disciplinary team will likely be responsible for arranging or inputting into the following securities and documentation: • security over the land, rental income, insurance proceeds, development and construction and contractual rights • reviewing the management agreement and negotiating a duty of care agreement (although in a multi-disciplinary team, this is sometimes handled by the banking and finance lawyer) • dealing with completion undertakings and post completion registration of the legal charge at Companies House and HM Land Registry as well as giving third party notices regarding rent payment, notice of charge where necessary of assignment of contractual rights or warranties See Practice Notes: Security in real estate finance transactions, Taking security over land...

Due diligence—reviewing a registered title—checklist

Due diligence—reviewing a registered title—checklist This Checklist is for use when reviewing a registered title as part of the due diligence process. It assumes that the title is being reviewed in the context of a proposed purchase of the property but the same considerations will apply when carrying out due diligence in the context of taking a registered charge over the property or entering into a new lease of the property. For unregistered land, see Practice Notes: Deducing title to unregistered land—compulsory first registration, party to register, evidence of title, good root of title and unbroken chain of ownership and Deducing title to unregistered land—stamp duty, mortgages, execution of documents, missing title deeds, sales of part and other considerations. Have official copies of the register and plan been provided? Official copies—register and plan Title to registered land is deduced by providing up to date official copies of the register and plan. These must be ordered from HM Land Registry either by: • submitting a paper form • using their online...

Land charges under the Land Charges Act 1972—registration and purpose

The Land Charges Act 1972 (LCA 1972) provides for certain charges and incumbrances relating to unregistered land to be registered as land charges in the land charges register maintained by the Land Charges Department of HM Land Registry (based at its office in Plymouth). This is an entirely separate register to that for substantive title registration.Land charges protect the interests, in unregistered land, of third parties who do not hold the title deeds to the land and so cannot control when and how the land is disposed of.LCA 1972 also requires HM Land Registry, in addition to the register of land charges, to maintain the following registers:•pending land actions and pending actions in bankruptcy•writs and orders affecting land and writs and orders in bankruptcyThe registers of pending land actions and pending actions in bankruptcy and writs and orders affecting land and writs and orders in bankruptcy can be searched separately when a bankruptcy only search is required (for example, prior to completing a mortgage over land). See Practice Note: Carrying...

Bankruptcy and co-ownership

Bankruptcy and co-ownership Bankruptcy is an insolvency process for individuals, which commences on the day the bankruptcy order is made. This Practice Note considers the effect of a bankruptcy order on co-owned property. Legal title to co-owned property does not vest in trustee in bankruptcy Where two or more people together own real property, they hold it under a trust of land. When a bankruptcy order is made, a bankrupt’s property normally automatically vests in the Official Receiver/trustee in bankruptcy. However, property owned by the bankrupt on trust does not. This means that in the case of co-owned property (whether as joint tenants or as tenants in common), where one joint proprietor is made bankrupt, the legal title does not change, only the bankrupt’s equitable interest vests in the trustee. As the legal interest remains vested in the co-owners as trustees (unless they are then replaced as trustees), any transfer should be executed by the bankrupt and the other co-owner(s)—see: HM Land Registry Practice Guide 24: private...

Discover our 100 Practice Notes on Unregistered land

Notice by tenant requiring landlord to deduce title

Notice by tenant requiring landlord to deduce title LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 Leasehold Reform (Collective Enfranchisement and Lease Renewal) Regulations 1993, SI 1993/2407 Schedule 2 paragraph 5(2) TENANT’S NOTICE REQUIRING DEDUCTION OF TITLE BY LANDLORD in connection with the property known as [insert address of tenant’s property] (‘the Flat’) To [insert competent landlord's name] [of OR incorporated in England and Wales with company registration number [insert company registration number] whose registered office is at ][insert landlord’s address] From [insert tenant's name] (the Tenant) of [insert tenant's address] Take notice that: 1 This notice is given further to the notice of claim dated [insert date] claiming the right to acquire a new lease of the Flat under Leasehold Reform, Housing and Urban Development Act 1993 ('the 1993 Act') and to the [ [counter-notice

Transfer of part by way of exchange

Transfer of part by way of exchange Precedent transfer Exchanges are now almost invariably effected by separate transfers, each containing the usual title guarantees given by ordinary sellers. There is no restriction on the nature or value of the properties exchanged. A freehold interest can validly be exchanged for a leasehold interest (IRC v Littlewoods Mail Order Stores [1962] 2 All ER 279, HL) and any necessary payment can be included by way of equality of exchange. An adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from the link on this page. Drafting notes to precedent transfer Panel 1—Title numbers If there are a number of properties, each title number should be listed alphanumerically and may be numbered starting with one, and each property listed in the same order as the title numbers and correspondingly numbered. Panel 3—Property description The optional wording is for use where the Property is unregistered. Where a plan accompanies the transfer, HM Land Registry requires detailed ...

Dive into our 26 Precedents related to Unregistered land

Can a unilateral notice be registered against a property owned by a party to financial remedy proceedings where that property is co-owned by a third party?

Can a unilateral notice be registered against a property owned by a party to financial remedy proceedings where that property is co-owned by a third party? Section 30 of the Family Law Act 1996 (FLA 1996) provides that where one spouse (or civil partner) has the right to occupy a dwelling house, the other spouse is entitled to register home rights, provided that the property has been the matrimonial home. Those home rights may be protected, in the case of a property held in the sole name of one spouse only, by way of a notice being registered with the Land Registry. If the title to the property is registered, then the application for the home rights notice should be made using Form HR1—Application for registration of a notice of home rights. If the property is unregistered, an application may be made to the Land Charges Department for the registration of a Class F land charge. A spouse may only protect their interest in one property at...

What’s the limitation period for a trespass to land, and does limitation start from the date a continuing trespass began or does it renew each day?

What’s the limitation period for a trespass to land, and does limitation start from the date a continuing trespass began or does it renew each day? A claim of trespass to land is barred by lapse of the statutory period of limitation, which, except in certain specified cases, is six years from the accrual of the cause of action under section 2 of the Limitation Act 1980 (LA 1980) which provides that: ‘an action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued’. See Commentary: Expiration of limitation period as defence to trespass to land: Halsbury's Laws of England [185]. It should also be noted that in relation to: • unregistered land, a person may, however, bring an action to recover unregistered land wrongfully possessed within 12 years of the date upon which the cause of action accrued • registered land, a person in continuous adverse possession of registered land for ten years or more may...

See the 128 Q&As about Unregistered land

Corporate Crime weekly highlights—10 October 2024

This week's edition of Corporate Crime weekly highlights includes analysis of OTSI’s role in the implementation and enforcement of certain trade sanctions, of the next steps for UK product regulation in light of the new Product Regulation and Metrology Bill and of the risks ahead for UK payment providers as new fraud reimbursement rules kick in. Also included is news of the recent amendments to the Criminal Procedure Rules coming into effect, of the government’s published guidance on information sharing measures under the ECCTA 2023 and of the latest enforcement action taken by CQC against a care provider and a dental clinic. All this, and more, in this week’s Corporate Crime highlights.

Environmental enforcement round up— 8 October 2024

A round-up of the latest environmental enforcement, including a man that has been fined for operating an illegal waste site on unregistered land.

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