Land Registration Act 2002: Changes that may affect you
Here you'll find details on changes made by the Act:
If you owned registered land prior to the 13 October 2003 you will want to know that existing registers will not change. All entries on them have the same effect after 13 October 2003 as before.
Addresses for service
You can now have an e-mail address or an address outside the UK on the register. You can have up to three addresses and one of them must be postal. It is now particularly important that you keep these addresses up-to-date. For more detailed information see Fact sheet 1 titled Address for Service.
Leases and tenancies - new interests that must be registered
You must now register:
- leases or tenancies granted for more than seven years
- leases or tenancies with more than seven years to run if they are transferred to a new owner
- leases or tenancies of any length that start more than three months from the date that they are granted
- discontinuous leases - such as a time share lease for two weeks each year- granted out of a registered title, whatever the total length
Before 13 October 2003 only leases granted for more than 21 years had to be registered. For more detailed information see Fact sheet 7 titled First Registration.
New interests in land that may be registered
You may now register these interests voluntarily
- discontinuous leases - such as a time share lease for two weeks each year - granted out of an unregistered title if the total length is less than seven years
- existing leases with more than seven years left to run
- 'profits a prendre in gross' - such as certain sporting or fishing rights that are independent of land ownership
- franchises - these are special interests granted by the Crown such as the right to hold a market or take a toll.
For more detailed information see Fact sheet 7 titled First Registration.
Land and charge certificates abolished
Land Registry no longer issues land or charge certificates. You do not need to send an existing certificate in to us with any application. If you do send one in we will destroy it. If you have lost your land or charge certificate you do not need to replace it.
For more detailed information see Fact sheet 10 titled Land and Charge Certificates and Title Information Documents.
More information publicly available
The register is still open to the public:
- You can now obtain historical copies of the register that Land Registry hold in electronic form.
- You can obtain a copy of any document submitted to Land Registry after 13 October 2003 unless it is especially exempt.
For more detailed information see Fact sheet 9 titled Information.
The new 'determined boundary' procedure enables you to have the exact line of your boundary shown on your register. You must provide a detailed plan and be able to produce evidence to show the exact boundary.
For more detailed information see Fact sheet 3 titled Boundaries.
Cautions against dealings
Cautions against dealings can no longer be registered (under the Land Registration Act 1925 these are protected various interests in land such as contracts, charging orders and court proceedings). Cautions registered before 13 October 2003 are still effective. New types of protection for third party interests are now available.
For more detailed information see Fact sheet 12 titled Agreed Notices and Unilateral notices. Fact sheet 14 titled Restrictions. Fact sheet 16 titled Third party interest comparison chart.
Dealing in person with Land Registry
If you deal with Land Registry in person you will now need to use the new forms and procedures. Please see the factsheets and practice guides. You can download the new forms from this website. If you need further help contact the relevant Land Registry office.
A squatter on registered land can apply to be registered as owner of that land if he has been in adverse possession of it (i.e. been squatting there unchallenged) for at least 10 years.
For more detailed information see Fact sheet 2 titled Adverse possession.
Disclosing unregistered interests
Not all interests affecting land are shown on the register. Now, when you register land for the first time or ownership changes some unregistered interests must be disclosed to Land Registry. Examples are certain short leases and rights of way.
For more detailed information see Fact sheet 13 titled Disclosable over-riding interests.
New index of relating manors and Franchises
You can search this new index if you want to find out whether a lord of the manor has registered his title. It will also show whether there is a registered relating franchise (ie. an interest granted by the Crown such as the right to hold a market in a particular area, rather than on a specific piece of land) affecting a particular administrative area of land.
For more detailed information see Fact sheet 8 titled Index of relating manors and Franchises.