land registration

The system of registration of title introduced by the Land Registration Act (1925) and overhauled by the Land Registration Act (2002). Land is registered by reference to a map rather than against the name of any estate owner. Three registers are kept:

• the property register, which records the land and estate; it refers to a map and mentions any interests benefiting the land, e. g. easements and restrictive covenants;

• the proprietorship register, which sets out the name of the owner, the nature of the title (e. g. freehold or leasehold), and any restrictions on the way the land may be dealt with (e. g. if the land is subject to a trust);

• the charges register, which contains notice of rights adverse to the land, such as mortgages and land charges as defined in the Land Charges Act (1972). The owner's title is guaranteed by registration in most circumstances. Rights in registered land may be a registered interest, which amounts to ownership of the freehold or leasehold estate; an overriding interest, which binds a purchaser without needing to be registered; or a minor interest, which needs to be protected by an entry on the register (e. g. interest under a trust or restrictive covenant). The purpose of the system is to simplify conveyancing, so that instead of checking title deeds, a search of the register will reveal all relevant matters. Eventually, all land in England and Wales will be registered, enabling unregistered conveyancing to disappear; this process is now over 90% complete. See also electronic conveyancing; rectification of register; registered land certificate