Land Registration Act 1925 (repealed)

8 Application for registration of leasehold land. F4 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 123(1) of this Act applies (whether by virtue of this Act or any later enactment) may be made within the period allowed by section 123(1), or any authorised extension of that period, notwithstanding that the lease was granted for a term of not more than twenty-one years or that the unexpired term of the lease is not more thacn twenty-one years.]

F3 [(2) Leasehold land held under a lease containing aprohibition or restrictionon dealings therewith inter vivos shall not be registeredunder this Act unless and until provision is made in the prescribed manner for preventing any dealing therewith in contravention of the prohibition 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) inserted by Land Registration Act 1986 (c. 26, SIF 98:2), s. 2(2)(5)

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

Textual Amendments applied to the whole legislation

F4 Act repealed (prosp.) by Land Registration Act 2002 (c. 9), ss. 135, 136(2), Sch. 13 (with s. 129, Sch. 12)