Land Registration Act 1925 (repealed)

Leasehold LandF5 E+W

Textual Amendments applied to the whole legislation

F5 Act repealed (prosp.) by Land Registration Act 2002 (c. 9), ss. 135, 136(2), Sch. 13 (with s. 129, Sch. 12)

8 Application for registration of leasehold land. E+W

(1) Where the title to be registered is a title to a leasehold interest in land—

(a) any estate owner (including a tenant for life, statutory owner, personal representative, or [F1 trustee of land], but not including a mortgagee where there is a subsisting right of redemption), holding under a lease for a term of years absolute of which more than twenty-one are unexpired, whether subject or not to incumbrances, or

(b) any other person (not being a mortgagee as aforesaid and not being a person who has merely contracted to buy the leasehold interest) who is entitled to require a legal leasehold estate held under such a lease as aforesaid (whether subject or not to incumbrances) to be vested in him,

may apply to the registrar to be registered in respect of such estate, or in the case of a person not being in a fiduciary position to have registered in his stead any nominee, as proprietor with an absolute title, with a good leasehold title or with a possessory title:

Provided that—

(i)

Where an absolute title is required, the applicant or his nominee shall not be registered as proprietor until and unless the title both to the leasehold and to the freehold, and to any intermediate leasehold that may exist, is approved by the registrar;

(ii)

Where a good leasehold title is required, the applicant or his nominee shall not be registered as proprietor until and unless the title to the leasehold interest is approved by the registrar;

(iii)

Where a possessory title is required, the applicant or his nominee may be registered as proprietor on giving such evidence of title and serving such notices, if any, as may for the time being be prescribed;

(iv)

If on an application for registration with a possessory title the registrar is satisfied as to the title to the leasehold interest, he may register it as good leasehold, whether the applicant consents to such registration or not, but in that case no higher fee shall be charged than would have been charged for registration with possessory title.

[F2 (1A) An application for registration in respect of leasehold land held under a lease in relation to the grant or assignment of which section 123A of this Act applies may be made within the applicable period within the meaning of section 123A, notwithstanding that by the date of the application the unexpired term of the lease is not more than twenty-one years.]

F3 [(2) [F4 Leasehold land held under a PPP lease shall not be registered under this Act; and, subject to that,] leasehold land held under a lease containing a prohibition or restriction on dealings therewith inter vivos shall not be registered under this Act unless and until provision is made in the prescribed manner for preventing any dealing therewith in contravention of the probibition or restriction by an entry on the register to that effect, or otherwise.]

(3) Where on an application to register a mortgage term, wherein no right of redemption is subsisting, it appears that the applicant is entitled in equity to the superior term, if any, out of which it was created, the registrar shall register him as proprietor of the superior term without any entry to the effect that the legal interest in that term is outstanding, and on such registration the superior term shall vest in the proprietor and the mortgage term shall merge therein:

Provided that this subsection shall not apply where the mortgage term does not comprise the whole of the land included in the superior term, unless in that case the rent, if any, payable in respect of the superior term has been apportioned, or the rent is of no money value or no rent is reserved, and unless the covenants, if any, entered into for the benefit of the reversion have been apportioned (either expressly or by implication) as respects the land comprised in the mortgage term.

Textual Amendments

F1 Words in s. 8(1) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 5(4) (with s. 24(2), 25(4)); S.I. 1996/2974, art. 2

F2 S. 8(1A) substituted (1.4.1998) by 1997 c. 2, s. 4(1), Sch. 1 para. 1(1); S.I. 1997/3036, art. 2 (with art. 3)

F3 S. 8(2) substituted by Land Registration Act 1986 (c. 26, SIF 98:2), s. 3(1)(2)

F4 Words in s. 8(2) inserted (12.1.2000) by 1999 c. 29, s. 219(3) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art.2

Modifications etc. (not altering text)

C1 S. 8 restricted by Land Registration Act 1966 (c. 39, SIF 98:2), s. 1(2)

C2 S. 8 extended by Housing Act 1985 (c. 68, SIF 61), s. 154(6) and Sch. 9A para. 3 (as inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 8(2), Sch. 2) and S. I. 1986/2092, art. 10 Sch. 2 para. 3

9 Effect of first registration with absolute title. E+W

Where the registered land is a leasehold interest, the registration under this Act of any person as first proprietor thereof with an absolute title shall be deemed to vest in such person the possession of the leasehold interest described, with all implied or expressed rights, privileges, and appurtenances attached to such interest, subject to the following obligations, rights, and interests, that is to say,—

(a) Subject to all implied and express covenants, obligations, and liabilities incident to the registered land; and

(b) Subject to the incumbrances and other entries (if any) appearing on the register; and

(c) Unless the contrary is expressed on the register, subject to such overriding interests, if any, as affect the registered land; and

(d) Where such first proprietor is not entitled for his own benefit to the registered land subject, as between himself and the persons entitled to minor interests, to any minor interests of such persons of which he has notice;

but free from all other estates and interests whatsoever, including estates and interests of His Majesty.

10 Effect of first registration with good leasehold title. E+W

Where the registered land is a leasehold interest, the registration of a person as first proprietor thereof with a good leasehold title shall not affect or prejudice the enforcement of any estate, right or interest affecting or in derogation of the title of the lessor to grant the lease, but, save as aforesaid, shall have the same effect as registration with an absolute title.

11 Effect of first registration with possessory title. E+W

Where the registered land is a leasehold interest, the registration of a person as first proprietor thereof with a possessory title shall not affect or prejudice the enforcement of any estate, right, or interest (whether in respect of the lessor’s title or otherwise) adverse to or in derogation of the title of such first registered proprietor, and subsisting or capable of arising at the time of the registration of such proprietor; but, save as aforesaid, shall have the same effect as registration with an absolute title.

12 Qualified title. E+W

(1) Where on examination it appears to the registrar that the title, either of the lessor to the reversion or of the lessee to the leasehold interest, can be established only for a limited period, or subject to certain reservations, the registrar may, upon the request in writing of the person applying to be registered, by an entry made in the register, except from the effect of registration any estate, right or interest—

(a) arising before a specified date, or

(b) arising under a specified instrument, or otherwise particularly described in the register,

and a title registered subject to any such exception shall be called a qualified title.

(2) Where the registered land is a leasehold interest, the registration of a person as first proprietor thereof with a qualified title shall not affect or prejudice the enforcement of any estate, right, or interest appearing by the register to be excepted, but, save as aforesaid, shall have the same effect as registration with a good leasehold title or an absolute title, as the case may be.