The Law Commission and the Land Registry recommend that this should not continue on the grounds that it is an anachronism. Demesne land is land in which no fee simple subsists and so belongs to the Crown absolutely. Although the seaward limit of a county (or administrative area) is generally the low water mark, there are tidal waters which are within the body of a county, as (for example) where there is an estuary. Where the Crown is the direct owner of its land (known as demesne land), it does not hold an estate. The section also includes a further deeming provision. 63.An explanation of the categories of lease which are registrable under subsection (2)(b) is to be found in paragraphs 30 to 32. Section 77 considerably develops this, by providing that a person must not exercise the right to apply for an entry to be added to the register of someone elses title, or for the entry of a notice or object to someone elses application unreasonably and if they do so, they owe a duty to anyone who suffers damage. Where the registered proprietor brings proceedings to recover possession from a squatter, the Act allows the squatter to establish certain limited defences which are consistent with the three conditions mentioned above. Compulsory First Registration Where there has been a sale of an unregistered property (whether by conveyance, assignment, lease or fee farm grant) the title must be registered in Land. The county boundary is at the seaward limit of that estuary as determined by the Ordnance Survey. and so the title to such an estate or rentcharge cannot be extinguished. [21] Each and every state has different recording and management systems. 193.Where a company creates a legal charge over its property, that charge will not only be registrable under the Act, but it will also be required to be registered under the Companies Act 1985. If a registrable disposition of either a registered estate or a registered charge is made for valuable consideration, completion of the disposition by registration has the effect of postponing to the interest under the disposition any interest affecting the estate or charge immediately before the disposition whose priority is not protected at the time of registration. The use of electronic documents is new and forms a necessary step towards the introduction of a full electronic conveyancing system. Additionally, rules may provide for other requirements to be met to take advantage of further developments in this field which might aid the security of transactions. First, the electronic document must record the time and date when it takes effect to fix the time at which it operates. 291.This Schedule contains specific rule-making powers in respect of: dealings with estates subject to compulsory first registration; title matters between sellers and buyers; implied covenants; land certificates; form, content and service of notices; applications; and statutory statements required under any enactment to be included in an instrument effecting a registrable disposition or a disposition which triggers the requirement of registration. 151.Section 92 enables the registrar to establish an electronic communications network, either himself or through a third party, which will be used as he sees fit in connection with registration, and with the carrying out of transactions which involve registration and are capable of being effected electronically. Fee simple: an estate in land belonging to the owner and his or her heirs for ever, without limitation to any particular class of heirs. This section explains that a notice is an entry, made in the register, in respect of the burden of a third partys interest. Those Acts provided only for voluntary registration of title, and few titles were registered until the Land Transfer Act 1897 made registration of title compulsory in dealings with land in the County of London. That may happen in two situations. The plans are boundaries of land parcels but do not provide details of the land owner or precise boundaries.[5]. This section defines the nature of a restriction. Paragraph 2 provides that no indemnity is payable on account of any mines or minerals, or the existence of any right to work or get mines or minerals, unless it is noted in the register of title that the registered estate includes mines and minerals. The rules are likely to require the disclosure of other information that a registered proprietor might not wish to have disclosed, such as the fact that a right to determine a registered estate in land has become exercisable. 33.This section enables the Lord Chancellor to add new events to those that trigger compulsory registration, by statutory instrument to be laid before Parliament. 274.Under paragraph 14 rules must be made to apply the provisions of this Schedule to registered rentcharges. This is reduced to more than seven years, in furtherance of the objective that all title to land in England and Wales should be registered. 262.Where a squatter is entitled to be registered because he or she reasonably but mistakenly believed themselves to be the owner of the land under paragraph 5(4), they might find that they were entitled to be registered as proprietor of the land on this basis on the day that the legislation is brought into force, even though they have only been in adverse possession for 10 years and, the day before, the registered proprietor could have successfully initiated possession proceedings against them. 260.Paragraph 6 provides that if the applicants application for registration is refused but the applicant remains in adverse possession for a further two years, he or she is entitled (subject to the three exceptions in paragraph 6(2) and the two restrictions in paragraph 8) to apply once again to be registered. The effect of, Similarly, where a local land charge whose status as such was preserved by the Local Land Charges Act 1975 is presently protected under section 70(1)(i) it will, by virtue of. Subsection (4) provides that leases with seven years or less to run may, however, be registered if the right to possession is discontinuous. Rules may deal with how the register is to be altered, about applications for alteration (including imposing a requirement for an application to be made) and the procedure to be adopted in making alterations (including whether or not an application is required). Special provision is made in relation to applications for registration of title based on ten years adverse possession (see paragraph 1 of Schedule 6). Some 300 - 500 freehold estates escheat to the Crown every year. Section 4 lists the three situations where a lease of shorter duration must be registered in its own right: a right to buy lease; a lease that take effect more than three months after it is made; and certain leases by private sector landlords. The first is that he has given retrospective consent to those costs. The Act seeks to narrow the circumstances in which such interests arise and reduce the number of categories. 108.Section 61 states that the fixing of the position of the boundary shown on land registry plans does not prevent the adding of land by accretion or the removal of land by diluvion. Where a company creates a legal charge over its property, that charge will not only be registrable under the Act, but it will also be required to be registered under the Companies Act 1985. Section 62 empowers the registrar to upgrade to absolute any of the lesser titles when he is satisfied as to the title to that estate or, in the case of good leasehold title, satisfied as to the title to the superior estate. 38.Where a person applies to be registered as proprietor of a freehold estate, he or she may (as now) be registered with an absolute, qualified or possessory title. . 224.This Part of the Schedule sets out the registration requirements for those dispositions of registered charges required to be completed by registration under section 27 (3). The dates of compulsory first registration are set out at the end of Land Registry Practice Guide 1 first registrations. This works against the aim of achieving complete registration. Where the transfer is of part only, a new section of the register is created for the part transferred which shows the transferee or his successor as proprietor. Where land is registered with good leasehold, possessory or qualified title, rights are excepted from the effect of registration (for details of the different classes of title see sections 9 and 10). Anyone may also inspect the register of cautions against first registration. Registration became compulsory in different areas at different times and the last few areas became compulsory in the early 1990s. The approach followed is that in the Insolvency Act 1986 which protects a. Unless one of these three methods is used, the first chargee must get the consent of any subsequent chargee to obtain priority for his further charge over any subsequent charge. 4.The Crown is the only absolute owner of land in England and Wales: all others hold an estate in land. 75.This section explains that a notice is an entry, made in the register, in respect of the burden of a third partys interest. 109.Section 9 sets out the three grades of title which with freehold title can be registered and section 10 sets out the four grades of title with which leasehold land may be registered. Schedule 3 lists the interests which are binding on persons who acquire an interest in registered land notwithstanding that there is no entry in the register (see section 29(2)). If any person suffers a loss as a result of some omission or mistake in the register of title, they are entitled to be indemnified for that loss. It is therefore not open to it to register this land (since only estates are registrable). That remains the case with properties which have not yet been registered (perhaps around one-fifth of freehold titles). It is likely that the Government will make it compulsory for titles to be registered before they can be placed on the market, rather in the same way that it is now an offence for a property to be marketed without a Home Information Pack being available. Purchasers had to satisfy themselves from the title deeds, searches and inspection of the land that the seller had power to sell the land, and that it was subject to no undisclosed obligations. If this is done then it will be necessary to make consequential amendments (and possibly transitional provisions). At present the exception includes a restrictive covenant over land not comprised in the lease, such as adjacent property owned by the landlord. This section creates a completely independent office for adjudication, and will continue a system of determinations which are cheap, swift and more informal than court hearings. 199.At present, rules made under the Land Registration Act 1925 are made by the Lord Chancellor with the advice and assistance of a Rule Committee. The exception is that upon the application of a person who appears to have a sufficient interest in the restriction, the registrar may order that the restriction be disapplied or modified in relation to a particular disposition or disposition of a specified kind. Compulsory registration came into force in the 1980-1990 or even later in some counties of Scotland. It also contains power to prescribe which dispositions of interests the subject of notices in the register are caught by the requirement (at present the transfer of noted interests are not recorded in the register, see also paragraph 149 noting section 91(7)). It became clear during the Commissions work that there was wide support within the property industry and from many legal practitioners for the introduction of a system of dealing with land electronically. They are a historical document and wanted them returned. [18] This voluntary national system proved ineffective and, following further attempts in 1875 and 1897, the present system was brought into force by the Land Registration Act 1925. By virtue of section 11(4)(c), C will take free of As rights unless, at the time of registration, he had notice of them. Once a decision is made, however, the right to indemnity arises whether or not the decision was made to rectify the register. If several landowners have made an agreement that the natural boundary changes will not have that legal effect, for example in relation to the location of a stream, then that agreement will only take effect if it is registered. This enables a solicitor or licensed conveyancer acting for an applicant to give notice at the time the application is made, and so help to expedite the process. Interests of persons in Actual occupation. The grantor undertakes that he or she will not sell the land without first offering it to the grantee. The use of this power will become feasible only when electronic conveyancing has become much the most usual way of effecting transactions. 51.A caution only gives the right to be notified of an application for first registration, so enabling an objection to be made. For more information see the EUR-Lex public statement on re-use. In most cases, the fact that the squatter might acquire title after only 10 years rather than 12 does not matter. In such a case the registered estate or charge is not destroyed (unlike when land escheats to the Crown on disclaimer) but vests in the Treasury Solicitor on behalf of Her Majesty or in the Duchies of Cornwall or Lancaster. The registrar already publishes data about changes in property prices on a quarterly basis, and these are widely used. There are numerous statutory provisions which permit or require the creation of statutory charges. Prior to 1 April 2007 it was dealt with by the Land Registers Northern Ireland government agency. Paragraph 9 enables the registrar, or the person to whom he had delegated chain management responsibilities, to use the monitoring information to manage network transactions. For example, the priority of a right of pre-emption might be protected by a notice while a restriction might be entered to ensure that the registered proprietor first offers to sell the land to the grantee of the right before he or she contracts to sell it to anybody else. 268.The case referred to above is where an applicant is registered because his or her application was determined by reference to one of the three conditions. 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