Big changes to Land Registration - 1st October, 2003

LAND REGISTRATION


On 13th October 2003 the Rules and Regulations relating to registration of land undergo their most major change since 1925.

The purpose of the changes is to try and ensure that the information stored at the Land Registry fully reflects the position on the ground and enables third parties (including, in particular, potential purchasers) to obtain details of titles and copies of documents filed.

In future more dealings with land will need to be registered, e.g.

• all leases for terms exceeding 7 years and


• all easements (e.g. rights of access, common drainage)including those in short leases (7 years or less)

On the positive side, if any of your property has the benefit of easements, then steps should be taken to protect such easements by registration and if easements are exercised over unregistered land, then a caution against first registration of such unregistered land can be entered to ensure your easements are eventually registered against the land.

As mentioned in the second paragraph above, the Registers will be open and copy documents can be obtained by anyone. The previous situation was that the Registry would not supply copies of certain documents - in particular, Leases. That now changes. However, for an interim period it is possible to apply to the Land Registry to exempt a document (or part of it) from being produced. You might, for example, not want details of rent or options to be disclosed. If, therefore, there are any documents already filed at the Land Registry which you consider to be sensitive, please let us know.

After 13th October it will be necessary to apply to exempt a document (or part) at the time the transaction goes through, so please tell us if you have concerns in that respect.

After 13th October Land Certificates and Charge Certificates will no longer be issued. Instead you will have a Title Information Document.

Official Copies will replace Office Copies and Title Plans will replace Filed Plans.

The Land Registry is actively encouraging voluntary registration of title (by discounting fees). There are a number of advantages, amongst which are :

• any gremlins in a current unregistered title can be sorted out on first registration


• the benefit of any easements or rights in your favour can be registered


• ultimate sale or lease of the whole or part will be simpler and quicker


• it will be more difficult for squatters to obtain title against registered land

Finally, since the Land Registry will become more proactive, it is vital that any address for service which they hold is up to date. Up to three addresses for service purposes can be registered, which can include e-mail and UK DX box numbers, but at least one must be a postal address.