- Latest available (Revised)
- Point in Time (26/03/2001)
- Original (As enacted)
Version Superseded: 13/10/2003
Point in time view as at 26/03/2001. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Land Registration Act 1925 (repealed), Section 123.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The requirement of compulsory registration applies in relation to the following dispositions of unregistered land—
(a)any qualifying conveyance of the freehold estate;
(b)any qualifying grant of a term of years absolute of more than 21 years from the date of the grant;
(c)any qualifying assignment of a term of years absolute which on the date of the assignment has more than 21 years to run; and
(d)any disposition effected by an assent (including a vesting assent) or by a vesting deed which is a disposition of—
(i)the freehold estate, or
(ii)a term of years absolute which on the date of the disposition has more than 21 years to run.
(2)The requirement of compulsory registration also applies in relation to any disposition by the estate owner of unregistered land which is a legal mortgage of—
(a)the freehold estate, or
(b)a term of years absolute which on the date of the mortgage has more than 21 years to run,
where, on its creation, the mortgage takes effect as a mortgage to be protected by the deposit of documents relating to that estate or term of years, and ranks in priority ahead of all other mortgages (if any) then affecting that estate or term of years.
(3)Without prejudice to the power to make an order under subsection (4) below, nothing in this section or section 123A of this Act has the effect of requiring the registration of title to—
(a)an incorporeal hereditament;
(b)mines and minerals apart from the surface; or
(c)corporeal hereditaments which are part of a manor and included in the sale of a manor as such.
(4)The Lord Chancellor may by order—
(a)amend this section so as to add to the dispositions in relation to which the requirement of compulsory registration applies any such disposition of, or otherwise affecting, a legal estate in unregistered land as is specified in the order; and
(b)make such consequential amendments of any provision of, or having effect under, any Act as he thinks appropriate.
(5)Any order under subsection (4) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(6)For the purposes of this section—
(a)a conveyance, grant or assignment is a “qualifying” conveyance, grant or assignment if it is made—
(i)for valuable or other consideration,
(ii)by way of gift, or
(iii)in pursuance of an order of any court;
(b)a conveyance, grant or assignment of property with a negative value is to be regarded (without prejudice to the generality of paragraph (a)(i) above) as made for valuable or other consideration; F2. . .
(c)“assignment” does not include an assignment or surrender of a lease to the owner of the immediate reversion where the term is to merge in that reversion][F3; and
(d)“term of years absolute” does not include a PPP lease]
Textual Amendments
F2Word in s. 123(6) omitted (12.1.2000) by virtue of 1999 c. 29, s. 219(8) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art.2
F3S. 123(6)(d) and the word “and” immediately preceding it added (12.1.2000) by 1999 c. 29, s. 219(8) (Sch. 12 para. 9(1)); S.I. 1999/3434, art.2
Modifications etc. (not altering text)
C1S. 123 extended by London Government Act 1963 (c. 33, SIF 81:1), s. 80(6), Commons Registration Act 1965 (c. 64, SIF 25), s. 12 and Housing Act 1985 (c. 68, SIF 61), ss. 154(1), 547, Sch. 20 Pt. III para. 17(1) and Sch. 9A para. 2(1) (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. 2(1)S. 123 extended by Housing Act 1988 (c. 50, SIF 61), ss. 81(9)(a), 133(8)(a)S. 123 applied by Local Government and Housing Act 1989 (c. 42, SIF 61), 173(8)(a)S. 123 modified (1.4.1997) by 1985 c. 68, Pt. V (as modified by S.I. 1997/619, reg. 2(1), Sch. 1 para. 18)
C2S. 123(1) proviso extended (27.7.1993) by 1993 c. 37, ss. 12, 36, Sch. 2 Pt. II para. 53(3), Sch. 4 para. 14(3)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: