Land Registration Act 2002

Section 27

SCHEDULE 2 E+W Registrable dispositions: registration requirements

Part 1 E+W Registered estates

Introductory E+W

1 This Part deals with the registration requirements relating to those dispositions of registered estates which are required to be completed by registration.

Transfer E+W

2 (1) In the case of a transfer of whole or part, the transferee, or his successor in title, must be entered in the register as the proprietor.

(2) In the case of a transfer of part, such details of the transfer as rules may provide must be entered in the register in relation to the registered estate out of which the transfer is made.

Lease of estate in land E+W

3 (1) This paragraph applies to a disposition consisting of the grant out of an estate in land of a term of years absolute.

(2) In the case of a disposition to which this paragraph applies—

(a) the grantee, or his successor in title, must be entered in the register as the proprietor of the lease, and

(b) a notice in respect of the lease must be entered in the register.

Lease of franchise or manor E+W

4 (1) This paragraph applies to a disposition consisting of the grant out of a franchise or manor of a lease for a term of more than seven years from the date of the grant.

(2) In the case of a disposition to which this paragraph applies—

(a) the grantee, or his successor in title, must be entered in the register as the proprietor of the lease, and

(b) a notice in respect of the lease must be entered in the register.

5 (1) This paragraph applies to a disposition consisting of the grant out of a franchise or manor of a lease for a term not exceeding seven years from the date of the grant. E+W

(2) In the case of a disposition to which this paragraph applies, a notice in respect of the lease must be entered in the register.

Creation of independently registrable legal interest E+W

6 (1) This paragraph applies to a disposition consisting of the creation of a legal rentcharge or profit a prendre in gross, other than one created for, or for an interest equivalent to, a term of years absolute not exceeding seven years from the date of creation.

(2) In the case of a disposition to which this paragraph applies—

(a) the grantee, or his successor in title, must be entered in the register as the proprietor of the interest created, and

(b) a notice in respect of the interest created must be entered in the register.

(3) In sub-paragraph (1), the reference to a legal rentcharge or profit a prendre in gross is to one falling within section 1(2) of the Law of Property Act 1925 (c. 20).

Creation of other legal interest E+W

7 (1) This paragraph applies to a disposition which—

(a) consists of the creation of an interest of a kind falling within section 1(2)(a), (b) or (e) of the Law of Property Act 1925, and

(b) is not a disposition to which paragraph 4, 5 or 6 applies.

(2) In the case of a disposition to which this paragraph applies—

(a) a notice in respect of the interest created must be entered in the register, and

(b) if the interest is created for the benefit of a registered estate, the proprietor of the registered estate must be entered in the register as its proprietor.

(3) Rules may provide for sub-paragraph (2) to have effect with modifications in relation to a right of entry over or in respect of a term of years absolute.

Creation of legal charge E+W

8 In the case of the creation of a charge, the chargee, or his successor in title, must be entered in the register as the proprietor of the charge.

Part 2 E+W Registered charges

Introductory E+W

9 This Part deals with the registration requirements relating to those dispositions of registered charges which are required to be completed by registration.

Transfer E+W

10 In the case of a transfer, the transferee, or his successor in title, must be entered in the register as the proprietor.

Creation of sub-charge E+W

11 In the case of the creation of a sub-charge, the sub-chargee, or his successor in title, must be entered in the register as the proprietor of the sub-charge.