Q&As

Where a freehold is unregistered, how can a five-year lease be noted or protected at the Land Registry?

read titleRead full title

Published by a ³ÉÈËÓ°Òô Property expert
Published on: 24 September 2018
imgtext

Compulsory registration

The Land Registration Act 2002 (LRA 2002) provides for the compulsory registration at the Land Registry of an estate in land upon the occurrence of certain events. LRA 2002, s 4 sets out the circumstances which trigger a compulsory registration. These include the grant out of a qualifying estate in land of an estate in land for a term of years absolute of more than seven years. A ‘qualifying estate’ is defined as a freehold estate or a leasehold estate which has more than seven years to run.

Generally, a five-year lease granted out of unregistered land will not therefore trigger compulsory registration of the lease itself and there will not be a registered freehold title at the Land Registry against which the five-year lease can be noted.

LRA 2002, s 4 however also sets out certain categories of leases where registration of the lease itself is compulsory even though the term of the lease is equal to or less than seven years,

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:

Popular documents

Establishing a beneficial interest (joint ownership)

Establishing a beneficial interest (joint ownership)Where two or more people together own real property, they hold it under a trust of land. Where property is held on a trust of land, the legal estate and equitable estate are separate. The legal estate must be held by the co-owners as joint tenants.

Joint tenant declaration in transfer valid despite no execution by transferees (Taylor v Taylor)

Property analysis: The court decided that a father and son held a property in trust for themselves as tenants in common in equal shares. As part of its findings, the court decided that the declaration of trust in box 11 of the transfer of part (TP1) was valid despite the fact that the transferees

Death of the seller or buyer between exchange and completion

Death of the seller or buyer between exchange and completionStatus of the contractDuring the process of buying a property, exchange of contracts is when the parties exchange signed contracts, and the buyer pays the deposit. Once this has taken place, the agreement becomes legally binding and major

Sub-sales and assignments

Sub-sales and assignmentsWhat is the difference between a sub-sale and an assignment?Sub-saleA sub-sale arises where A contracts to sell a property to B but, before completing the purchase from A, B then enters into a separate contract with C to sell the property to C. There are, therefore, two sale