The rules relating to the registration of land have remained unchanged for many years. As part of the Government moves to provide for electronic conveyancing and to provide more open information, the Act was introduced in 2002 and came into force on 13 October 2003.
From 13 October 2003 all transactions registered with the Land Registry will result in the issue of a “title information document”, but with the title only being proved by the obtaining of “official copies” (no longer “office copies”) of the land register. The Land Registry will no longer issue land or charge certificates.
Impact on Leases
All new transactions involving leases of more than 7 years (previously 21 years) will now need to be registered. This will include an assignment of a lease that has more than 7 years left to run and may create certain problems as it will be necessary to provide the Land Registry with an accurate lease plan of the premises.
One of the main areas for change has been to make all registered information available for public access, including registered charges and leases. Any lease or charge supplied to the Land Registry before 13 October 2003, will not be available for public inspection for a two year period. It is accepted, that certain information is sufficiently commercially sensitive to justify exemption from these open access rules, but to protect such information, it will be necessary to apply to the Land Registry to have the information treated within an “Exempt Information Document” (EID). However, the existence of an EID will be disclosed, even if the sensitive information is not. During the two years transitional period, it will be possible to apply to have existing information included under an EID.
Other areas covered by the changes include adverse possession, overriding interests and protecting third party rights, together with the fact that the Land Registry is no longer “H M Land Registry” despite (or perhaps because) for the first time Crown Land will be registrable.
Disclaimer
The information in this note is offered as general guidance and should not be considered as specific advice. If you require further information, please ask your Dron & Wright contact.
