Textual Amendments applied to the whole legislation
(1)Where the registered land is a leasehold interest the proprietor may, in the prescribed manner, transfer the registered estate in the land or any part thereof, and, subject to any entry in the register to the contrary may in the prescribed manner—
(a)transfer all or any of the leasehold mines and minerals apart from the surface; or the surface without all or any of the leasehold mines and minerals;
(b)grant (to the extent of the registered estate) any annuity or rentcharge in possession, easement, right or privilege in, over, or derived from the registered land or any part thereof, in any form which sufficiently refers, in the prescribed manner, to the registered lease, and to the dominant tenement, whether being registered land or not;
(c)transfer the registered land or any part thereof subject to a reservation to any person of any such annuity, rentcharge, easement, right, or privilege;
(d)grant (subject or not to the reservation of an easement, right or privilege) an underlease of the registered land, or any part thereof, or of all or any mines and minerals apart from the surface, or of the surface without all or any of the mines and minerals, or of an easement, right or privilege, in or over the registered land or any part thereof, for any term of years absolute of less duration than the registered estate and for any purpose (but where by way of mortgage, subject to the provisions of this Act and of the M1Law of Property Act 1925, relating thereto), and in any form which sufficiently refers in the prescribed manner to the registered land, and in the case of an easement, right, or privilege, to the dominant tenement, whether being registered land or not.
(2)A disposition of registered leasehold land may be made subject to a rent legally apportioned in the prescribed manner, or to a rent not so apportioned.
(3)An underlease for a term, not exceeding twenty-one years, to take effect in possession or within one year from the date thereof, F1. . ., may be granted and shall take effect under this section, notwithstanding that a caution, notice of deposit of a certificate, restriction, or inhibition (other than a bankruptcy inhibition) may be subsisting, but, subject to the interests intended to be protected by any such caution, notice, restriction or inhibition.
(4)The foregoing powers of disposition shall (subject to the express provisions of this Act and of the M2Law of Property Act 1925, relating to mortgages) apply to dispositions by the registered proprietor by way of charge or mortgage, but no estate, other than a legal estate, shall be capable of being disposed of or created under this section.
(5)In this Act “transfer” or “disposition” when referring to registered leasehold land includes any disposition authorised as aforesaid, and “transferee” has a corresponding meaning.
Textual Amendments
F1Words repealed by Land Registration Act 1986 (c. 26, SIF 98:2), s. 4(2)(5)
Marginal Citations
M11925 c. 20 (98:1).
M21925 c. 20 (98:1).
(1)A transfer of the registered estate in the land or part thereof shall be completed by the registrar entering on the register the transferee as proprietor of the estate transferred, but until such entry is made the transferor shall be deemed to remain the proprietor of the registered estate; and where part only of the land is transferred, notice thereof shall also be noted on the register.
(2)All interests transferred or created by dispositions by the registered proprietor other than the transfer of his registered estate in the land or in part thereof shall (subject to the provisions relating to mortgages) be completed by registration in the same manner and with the same effect as provided by this Act with respect to transfers of the registered estate, and notice thereof shall also be noted on the register in accordance with this Act:
Provided that nothing in this subsection—
(a)shall authorise the registration of an underlease originally granted for a term not exceeding twenty-one years [F2or of an underlease which is a PPP lease], or require the entry of a notice of such an underlease F3. . .; or
(b)shall authorise the registration of a mortgage term where there is a subsisting right of redemption, or
(c)shall render necessary the registration of any easement, right, or privilege except as appurtenant to registered land, or the entry of notice thereof except as against the registered title of the servient land.
Every such disposition shall, when registered, take effect as a registered disposition, and an underlease made by the registered proprietor which is not required to be registered or noted on the register shall nevertheless take effect as if it were a registered disposition immediately on being granted.
(3)The general words implied in conveyances under the M3Law of Property Act 1925, shall apply, so far as applicable thereto, to transfers of a registered leasehold estate.
Textual Amendments
F2Words in s. 22(2)(a) inserted (12.1.2000) by 1999 c. 29, s. 219(5) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art.2
F3Words repealed by Land Registration Act 1986 (c. 26, SIF 98:2), s. 4(3)(5)
Modifications etc. (not altering text)
C1S. 22 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
Marginal Citations
M31925 c. 20 (98:1)
(1)In the case of a leasehold estate registered with an absolute title, a disposition (including a subdemise thereof) for valuable consideration shall, when registered, be deemed to vest in the transferee or under-lessee the estate transferred or created to the extent of the registered estate, or for the term created by the subdemise, as the case may require, with all implied or expressed rights, privileges, and appurtenances attached to the estate transferred or created, including (subject to any entry to the contrary on the register) the appropriate rights and interests which would under the M4Law of Property Act 1925, have been transferred if the land had not been registered, but subject as follows:—
(a)To all implied and express covenants, obligations, and liabilities incident to the estate transferred or created; and
(b)To the incumbrances and other entries (if any) appearing on the register [F4and any charge for capital transfer tax subject to which the disposition takes effect under section 73 of this Act]; and
(c)Unless the contrary is expressed on the register, to the overriding interests, if any, affecting the estate transferred or created,
but free from all other estates and interests whatsoever, including estates and interests of His Majesty; and the transfer or subdemise shall operate in like manner as if the registered transferor or sublessor were (subject to any entry to the contrary on the register) absolutely entitled to the registered lease for his own benefit.
(2)In the case of a leasehold estate registered with a good leasehold title, a disposition (including a subdemise thereof) for valuable consideration shall, when registered, have the same effect as it would have had if the land had been registered with an absolute title, save that it shall not affect or prejudice the enforcement of any right or interest affecting or in derogation of the title of the lessor to grant the lease.
(3)In the case of a leasehold estate registered with a qualified title, a disposition (including a subdemise thereof) for valuable consideration shall, when registered, have the same effect as it would have had if the land had been registered with an absolute title, save that such disposition shall not affect or prejudice the enforcement of any right or interest (whether in respect of the lessor’s title or otherwise) appearing by the register to be excepted.
(4)In the case of a leasehold estate registered with a possessory title, a disposition (including a subdemise thereof) for valuable consideration shall not affect or prejudice the enforcement of any right or interest (whether in respect of the lessor’s title or otherwise) adverse to or in derogation of the title of the first registered proprietor, and subsisting or capable of arising at the time of the registration of such proprietor, but save as aforesaid shall, when registered, have the same effect as it would have had if the land had been registered with an absolute title.
(5)Where any such disposition is made without valuable consideration it shall, so far as the transferee or underlessee is concerned, be subject to any minor interests subject to which the transferor or sublessor held the same; but, save as aforesaid, shall, when registered, in all respects, and in particular as respects any registered dealings on the part of the transferee or underlessee, have the same effect as if the disposition had been made for valuable consideration.
Textual Amendments
F4Words inserted by Finance Act 1975 (c. 7), Sch. 12 para. 5(3)
Modifications etc. (not altering text)
C2S. 23 extended by Housing Act 1985 (c. 68, SIF 61), Sch. 9A para. 6(1)(a) (as inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 8(2), Sch. 2 para. 3) and extended by S. I. 1986/2092 art. 10, Sch. 2 para. 6(1)(a)
Marginal Citations
M41925 c. 20 (98:1).
(1)On the transfer, otherwise than by way of underlease, of any leasehold interest in land under this Act, unless there be an entry on the register negativing such implication, there shall be implied—
F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5S. 24(1)(a) repealed (1.7.1995) as regards dispositions of property made after that date by 1994 c. 36, ss. 10, 21(2), Sch. 2 (with ss. 11, 13, 20, 21(2)(3)); S. I. 1995/1317, art. 2
F6S. 24(1)(b)(2) repealed (1.1.1996) by 1995 c. 30, ss. 14(b), 30(2), Sch.2 (with savings in ss. 26(1)(2), 30(3)); S.I. 1995/2963, art. 2