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DEEDS & LEASES

UK Land Registry Services

England & Wales

CHAPTER 1

Deeds and Documents

ENGLAND & WALES UK LAND REGISTRY SERVICESAlso available for Scotland, N Ireland, Ireland, Isle of Man and Channel Islands

SECTION 1

Pre-Registration DEEDS SEARCH

This search includes the following documents:

1. Copies of all Deeds referred to as copied in the Title Register (LR3a Search), or

2. Copy of the Specific Deed ordered if using one of our other LR3 searches

PRE-REGISTRATION TITLE DEEDS

Before the introduction of compulsory L a n d R e g i s t r a t i o n t h e w h o l e conveyancing process was carried out using deeds to convey the property from the seller to the buyer. The actual p u r c h a s e d e e d w a s c a l l e d a Conveyance, and many times during the ownership of a property there would be various deeds drawn to reflect changes made to the manner of ownership, e.g. a trust might be declared, a mortgage may be taken out or terms in the conveyance may be varied. In the past such

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Buy Searches referred to in this Section

• Title Register Search• Deeds Search

• Deeds Search • Pre-Registration• Compulsory Land Registration• Deeds• Type of Deeds• Content of Purchase Deeds• How to know which Deeds are available for Purchase

Section Contents

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documents were handwritten and upon a sale a solicitor would often provide yet another handwritten document in the form of an epitome, summarising the documents and contents of the title root.

As improvements evolved to the conveyancing system (most notably with the Law of Property Act 1925), conveyancing was simpl ified, ownership was established by

proving a good root of title of at least 15 years (chain of ownership), and documents were typed instead of handwritten.

COMPULSORY LAND REGISTRATION

Land Registration was eventually introduced, but this was voluntary at first. It provided a much simpler means of transferring ownership of a property, and eventually Land Registration became compulsory. Compulsory land registration was phased in throughout the country over a long period of years, but now all areas of England & Wales are subject to compulsory land registration.

The Law of Property Act 1988 made it possible for all members of the public to be able to obtain a copy of the Title documents without the consent or knowledge of the owner. The Land

Registration Act 2002 and the Land Registration Rules 2003 have extended access to Land Registry documents further to those documents listed later in this guide.

DEEDS

Ownership details and proof of ownership of a property are now evidenced by the Title Register and Title Plan. Notwithstanding this, the old deeds and documents left over from the pre-registration system of conveyancing remain with us and still have a vital role to play in many aspects of property ownership.

Post-registration conveyancing is governed by the Land Registration Act 2002 and requires most deeds to be in a form approved by the Land Registration Rules 2003. The purchase deed is now called a Transfer. A simple transfer of the whole of a title is in Form TR1; a transfer of part only of the title, in form TP1.

Some parcels of land are subject to many covenants, easements, restrictions, agreements, etc and the modern Transfer or old Conveyance may contain many pages containing voluminous details of the same. There may also be other deeds recording agreements entered into between the parties, again containing much detail. As a general rule the Land Registry will try to produce a Title Register (the main document proving ownership under Land Registration) that contains all this detail. Where it is too much, however, a

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reference will be made to the deed containing it and a copy of the deed may be retained in digital format by the Land Registry so that it can be provided to people requiring further detail, e.g. on the sale of a property, where there is a dispute about the boundaries of the property or where there are issues relating to rights of way, rights of access, rights of light, etc.

TYPE OF DEEDS

The following type of Deeds are typical of those available using our Deeds Searches:

Recognising the different types of Deeds is useful, especially if you want to look at the history of a property. All Deeds vary considerably in size and content, and the purpose of Deeds likewise vary; conveyances and Transfers convey the property from one party to another; an epitome summarises the documents found in the root of title; an abstract of title provides a short form of the root of title; a transfer of part, as opposed to a transfer of whole transfers just a part of the property to another person, e.g. where the land has been split into plots and one plot is being sold while another is being retained; an Assent transfers a property from the estate of a deceased person to a living person.

CONTENT OF PURCHASE DEEDS

Purchase Deeds can be purchased using our Deeds Search. Purchase Deeds (Transfers and Conveyances) all contain specific clauses that do a particular job, and are contained in the following order:

Commencement

Purchase Deeds usually start with words similar to “This Conveyance ...” Such words are intended to describe what the document is and the purpose it serves.

DATE

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Typical Deed Types

• Purchase Deeds:• Conveyances• Transfers of Whole• Transfers of Part

• Agreements• Epitomes of Title• Abstracts of Title• Licenses• Declarations, e.g. Tenancy in Common• Deeds of Covenant• Deeds of Gift• Assent• Applications made to HM Land Registry• Edited Exempt Information Documents• Non-Edited Exempt Information Documents


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This is the date that the transaction was completed upon.

Parties

The names and addresses of the vendor and purchaser are set out.

Recitals

The purpose of recitals is to describe the background or history

behind the purchase, and usually begin with the word “Whereas”, e.g. “Whereas the vendors have agreed with the purchasers for the sale to them of the fee simple in possession of the property hereinafter described at the price of one hundred pounds ...”

Consideration and Receipt

The consideration is the purchase price and confirms the conveyance is not a voluntary conveyance, and enables, prior to Stamp Duty Land Tax, stamp duty to be assessed under the Stamp Act 1891.

The receipt clause is evidence that payment has been made.

Operative Words

These words operate to pass the seller’s interest in the property to the purchaser, e.g. “convey” or “transfer”.

Capacity and Implied Words

Prior to 1995 the words showing the seller’s capacity where placed into a conveyance as they determined the covenants for title that would be implied. However, with the enactment of the Law of Property (Miscellaneous Provisions) Act 1994 if any covenants for title were to be implied, the words “with full title guarantee” or “with limited title guarantee” are used.

Parcels Clause

The Parcels Clause provides the legal and physical description of the property being conveyed. It is paramount that the property be described accurately, whether with or without a

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Sample Recitals from a Conveyance




supporting plan. Often the Parcels Clause will refer to a plan in an earlier deed.

Habendum

The Habendum Clause describes the estate being sold, i.e. the fee simple (freehold) or term of years (leasehold).

Encumbrances

An encumbrance (or incumbrance) is something that restricts a

person’s use of the property such as an adjoining owner’s right to pass along your driveway (an easement). Any existing encumbrances will usually be detailed immediately after the

habendum clause to show that the estate in the property is being conveyanced subject to those encumbrances, and then followed by any new encumbrances.

Indemnity Covenant

If the seller of the property is to remain personally liable for a covenant affecting the land following the sale then he should require an indemnity covenant from the purchaser.

Acknowledgement and Undertaking

Where a seller is retaining part of the land for himself he will normally need to hold on to the original deeds. He will therefore formally acknowledges the right of the purchaser to the production of the deeds if he so requires them at a future date and undertakes to keep them safe. He will, of course, have been provided with certified copies of the originals in the meantime.

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Sample Parcels Clause in a Conveyance

Sample Habendum Clause in a Conveyance

Sample Acknowledgement for Production




Certificate of Value

Prior to 2003 this clause was necessary to show an exemption from payment of Stamp Duty was claimable, as where the property was being sold below the Stamp Duty threshold.

EXECUTION AND ATTESTATION

The conveyance must be signed by all sellers. The purchaser will only do so if he has agreed to do something in the

conveyance such as providing an indemnity covenant. The signatures must be formally witnessed.

HOW TO KNOW WHICH DEEDS ARE AVAILABLE FOR

PURCHASE

All Deeds that have been copied by the Land Registry, and retained digitally, have a note recorded at the foot of the paragraph in the Title Register that refers to the Deed to the

effect that it has been copied. If you do not have a copy of the Title Register you can obtain one using our Title Register Search.

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Sample Certificate of Value from a Conveyance






SECTION 2

Deed Searches DIGITISED DEEDS

Where Deeds are kept by the Land Registry on their computers (“electronic” or ”digitised” deeds), the Title Register reveals their presence by referring to the deed and then using words similar to

“copy in certificate” or “copy filed” at the end of the paragraph referring to it. Such wording often varies depending on the circumstances. Such documents a r e a l w a y s a v a i l a b l e f o r purchase, using our general Deeds Search.

T h e s e D e e d s h a v e b e e n scanned by the Land Registry and made available for purchase because they consider that the contents add to the property description and are important enough to retain. Many deeds do not add any further useful information to the property

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Sample extract of a Digitised Deed


• Deeds Search

• Digitised Deeds• Associated Titles• Paper Deeds• Deed Search types available from UKLRS

• LR3a Digitised (Scanned) Searches• LR3b Paper Deeds referenced in the Title Register• LR3c Paper Deeds not referenced in the Title Register• LR3d Other Documents filed at the Land Registry• LR3e Edited Exempt Information Documents• LR3f Non-Edited Exempt Information Documents

Section Contents








description and are not therefore retained.

Sometimes the Land Registry copy onto the Title Register any useful information so that there is no need to retain the deed. This is less likely to happen where the amount of useful information in the Deed is voluminous, and thus these are the Deeds most likely to be digitised.

ASSOCIATED TITLES

For various reasons, some of the deeds affecting a property are kept on a separate Title. Where they are held on a separate title the main Title Register contains a statement to that effect, and provides the Title number. Such copy Deeds can then be purchased.

PAPER DEEDS

The Land Registry retain many deeds that have not been scanned into their electronic system but retain them as paper copies. These deeds will often be referred to in the Register, either directly or indirectly. A paper deed referred to directly will not contain a statement at the end of the paragraph stating that a copy has been filed.

Copies of such Deeds will be available.

An example of a deed referred to indirectly is where there is no reference to a purchase deed, but it can be seen from the Register that the property was purchased on a particular date and by a named person. In order to give legal effect to such a purchase (which must be evidenced by Deed) there must have

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Sample created similar to that in a Title Register

Extracts from Title Registers showing different types of references to Digitised Deeds that are available to purchase


Extract from Title Register of an Associated Title reference




been a Deed of Transfer or a Deed of Conveyance, and so its existence is known.

As its existence is known it may be possible to obtain a copy from the Land Registry, provided they have retained a copy.

DEED SEARCHES

Digital (Scanned) Deeds

This is a search for all Deeds scanned by the Land Registry relating to the Title in question, and is our basic Deeds search. In the Title Register for a property there are often references to Deeds, such as Conveyances, Transfers, Agreements, Declarations etc. The reference will usually provide the date of the Deed, state the parties to it and then provide brief details of the salient parts of the Deed.

If the reference to the Deed appears in the A section of the Register then it will be referring to rights benefiting the property, e.g. easements such as rights of way in the owner’s favour, rights of light and rights of support. If the reference appears in the C section then it will be referring to encumbrances that burden the property, e.g. restrictive covenants, rights of way in favour of a neighbour, etc. Often a deed is referred to in both sections.

At the end of the paragraph describing the Deed there may be a statement similar to “copy filed”. This means that the Land Registry have scanned a copy of the Deed and are now storing it on their computers. This in turn means that a copy of the

Deed is available to the general public if they wish to purchase it.

This search provides a copy of ALL the Deeds that are referenced in such a manner for a specified Title. This may sometimes amount to scores of Deeds, sometimes only one or two. Every Title is unique and contains a di fferent number of and different types of Deeds.

Sometimes the Land Registry will allocate a different Title number to some of the Deeds (an Associated Title). If they do

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Extract from Title Register showing reference to a Digitised Deed

Digitised Deed Plan




so the Title Register will contain a reference to this effect and will provide the Title number. If copies of these Deeds are also required then a separate search fee is required, and it will be necessary to quote the Title number on the application form.

Specific Deed referred to in the Title Register but not held digitally (a Paper Deed)

The Land Registry hold many paper Deeds that have not been scanned and stored on their computers, but which are expressly or impliedly referred to by date within the Title Register. Such may still be available to the public and can be obtained by virtue of sections 66 and 67 of the Land Registration Act 2002. All correspondence relating thereto takes place by post and so the search may take a week or so longer.

A Deed referred to by implication may be one of the purchase Deeds.

The first date in brackets referred to in the A section of the Register is the date of first registration of the property, which would normally arise on the purchase of a property and so there must be a conveyance or transfer.

The first date in brackets in the B section of the Register is the date the current owner became registered following his purchase, so again there must be a conveyance or transfer.

In each of the above cases the type of deed and its date are known, which is sufficient information to place an order to obtain a copy of the Deed.

Another example of a Deed referred to by implication is where, in the B section of the Title Register, one of the subsequent paragraphs begins with a date in brackets and refers to a Restriction. That Restriction must be incorporated into a Deed from which the short particulars of the Restriction have been derived.

Sometimes the above documents are actually held on Land Registry computers, but where they are not, it may be assumed that the Deeds either do or did exist, and may therefore be available for purchase.

We include with this search a copy of the Title Register, as we have to obtain this to identify the relevant document.

Specific Paper Deed that is known to exist but that is not referred to in the Title Register

Deeds that are not referred to in the Title Register either directly or by implication, but that you know about, may still be obtained, e.g. there may be an agreement between a former purchaser and vendor in which personal covenants were given by the purchaser. As personal covenants do not “run with the land”, i.e. they do not bind a subsequent purchaser, then there is no need for the Land Registry to refer to them in the current Title

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Register. If you know of the Deed creating them a copy of that Deed may be obtained.

We include with this search a copy of the Title Register, as we have to obtain this to identify the document you require.

Other Documents kept by the Land Registry relating to an Application to them

Examples of documents falling under this heading are:

• Application for a Restriction submitted to the Land Registry

• Counsel’s Opinions or other such evidence in support of an application for an entry or cancellation of an entry on a Title Register

• Correspondence relating to an application • An application not to display the purchase price of a

property


Edited Exempt Information Document

When an application is made to the Land Registry for a document to be classified as an Exempt Information Document (EID) i t must be accompanied by a redacted copy that has the sensitive information blocked out. The edited EID is available to members of the public.

We include with this search a copy of the Title Register, which is necessary to help identify the relevant document.

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Specific Paper Deed existing by implication

Specific Paper Deed that is referred to

When to use our LR3b and LR3c Deed Searches


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Sample Edited EID




Non-Edited Exempt Information Document(authorised persons only)

Where a document contains prejudicial information an application can be made by a person so affected to classify the document as an Exempt Information Document (EID). If the application is successful the document can only be obtained in its entirety in respect of criminal matters, receivership & insolvency, and Inland Revenue investigations.

Authorised persons are:

For criminal matters:

• A policeman authorised by his chief officer• A director general of the security service• A person authorised by the Secretary of State for Work

and Pensions or the Department of Trade and Industry• The Director of Public Prosecutions (DPP) or a member of

the Crown Prosecution Service with the DPP’s authority• The Director of the Serious Fraud Squad• The Director of the Assets Recovery Agency• A person authorised by the Commissioners of HMRC

For receivership and insolvency matters:

• An Official Receiver, Liquidator or Administrator• A Trustee in Bankruptcy

• A Receiver under the Drug Trafficking Act 1994 or the Proceeds of Crime Act 2008

• A person authorised by the Commissioners of HMRC


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SECTION 3

Using the Deeds HISTORY OF PROPERTY

Since April 2003, when the Land Registry digitised their records, it has been possible to obtain prior copies of the Title Register. However, many people wish to investigate the history of their property going back far further than 2003. This is best done by obtaining copies of older deeds and other documents retained by the Land Registry.

Our Deed Searches a r e p a r t i c u l a r l y p o p u l a r w i t h genealogists and new home owners. Often a property’s deeds will date back to the 18th and 19th centuries and may provide a wealth of historical information.

BOUNDARY DETAILS

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• Drainage & Water Search• Electricity Cable Route Search• BT Cable Route Search• Gas Pipeline Search• Cable & Wireless Search

• History of Property• Boundary Details• Covenants

• Restrictive Covenants• Positive Covenants

• Easements• Routes of and Access to Pipes, Cables, Sewers, etc• Cable Search• Maintenance Obligations• Deed Plans• Declarations of Trust• Root of Title• Copies of Counsel’s Opinions• Purchase Price prior to 1993• Ownership Prior to 1993

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Title Registers often contain a statement referring to a deed that contains details of boundary structure notices and other information relating to property boundaries. Such can be very useful in helping to settle a boundary dispute. Full details of these are contained in our Boundary Disputes ebook.

In addition, where the property is of a leasehold tenure, there may be considerable detail in one or more deeds, describing

ownership and maintenance of dividing walls, as in the following extract.

COVENANTS

Restrictive Covenants

Restrictive Covenants are covenants made between a purchaser and vendor, that "run with the land" and burden a property, for example, a covenant not to develop the land or to use it for commercial purposes. Such covenants, because they

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Contents of a typical Conveyance or Transfer

• name and address of the purchasers• name and address of the persons selling the

property to them• detailed description of the property address, which

may include land measurements, hectarage, precise location and boundaries

• purchase price• name and address of purchaser’s solicitors• easements, covenants, agreements, exceptions,

reservations and restrictions• name, address and occupation of witnesses to the

deed• sometimes, a plan or drawing illustrating borders,

rights of way, etc.

Extract from Deed showing Ownership and Maintenance of Dividing Walls in a Leasehold Property




run with the land, burden it even if the property is sold to someone else. Restrictive Covenants are recorded in the C section of the Title Register; if lengthy, they may appear in a

Schedule at the end of the C section. More detail of the Covenants is usually contained in the Deeds that the Land Registry retain with the Title Register, and from which the details in the Register have been created.

Personal Covenants

Personal Covenants are covenants which do not run with the land, and usually relate to an action that the Purchaser has agreed to take when buying the property, e.g. erecting a stock proof fence. They do not burden the land and are only enforceable against the person making the covenant, although a new owner is usually required to enter into a covenant in similar terms when buying the property. They are recorded in the B section of the Register, and are usually detailed more thoroughly in the Deed from which the entry was created.

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Extract from Deed detailing Restrictive Covenants

Extract from Deed showing a typical Personal Covenant




EASEMENTS

Easements are private rights, such as a right of way, that permit you to use another person’s property without owning it. There are four main categories of easements (or rights), over an adjoining parcel of land. These are rights of way, rights of light and air, rights of support and rights relating to artificial waterways.

All easements have similar properties in that:

• there must be two adjoining properties; one of which has the benefit of the right, known as the dominant tenement (this is a positive easement), and one which has the burden of the right, known as the servient tenement (this is a negative easement).

• the owners of the two properties must be different from each other

• the right must be recorded by deed and in the case of registered land, should be recorded in the Title Register for each property affected.

Easements may arise in 6 different ways:

Express Easements

An express easement is expressed to be so by deed and in the case of registered land is referred to in the A Section of the Title Register for the dominant tenement (the land having the benefit of the easement) and in the C Section of the Title Register for the servient tenement (the land burdened by it).

An example of an express easement is where, on the sale of part of a parcel of land the vendor agrees that the purchaser may have a right of way along his drive. This will be recorded in the transfer deed and an entry will by made by the Land Registry in the A section of the purchaser’s new Title Register and in the C section of the vendor’s Title Register.

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SCHEDULE OF EXPRESS EASEMENTS IN A TRANSFER




Implied Easements

Implied easements are not created by deed but are implied by the law, the courts looking at what the original parties intended and how the property is being used.

Easements of Necessity

An easement of necessity only comes into existence once the court makes an order for the same. Usually the easement is required because a property owner cannot obtain entrance to his land without crossing an adjacent parcel of land, i.e. his property is landlocked. In such circumstances application must be made to the court for the easement on the grounds that it is necessary for the enjoyment of the property. A similar right might exist where a gable wall requires repair but cannot be reached save by accessing an adjoining property.

The court will decide whether to grant the easement by deducing the intention of the original parties and whether the damage or inconvenience would be greater for the dominant or the servient tenement and make an order accordingly.

Once the need for an easement of necessity ceases to exist, e.g. because an access path is made or because a legal easement is created by deed, then the easement of necessity automatically ceases to exist.

Easements by Prior Use

It is possible to create an easement simply by having used the property in a similar way before. The court will assume that the parties intended to create it but forgot to declare the easement in the deeds.

In order for such an easement to exist it must be shown that:

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Easement of Necessity




• Both properties were once in the joint ownership of a person or persons

• The properties were divided• That the use for which the easement is required existed

before the properties were divided• That the easement was patently obvious, i.e. is discernible

by inspection• The easement is reasonably necessary and will benefit

the dominant tenement.

Easements by Prescription

Easements by prescription are similar to claims for adverse possession (or squatter’s claims) in that they follow the use of land, without the owner’s consent, openly and over a continuous period of at least 20 years. The main difference is that the use of the land is shared by more than one person. If the owner of the property acts to defend his property rights at any time before the above period has expired then the prescriptive right will cease, and any attempt to re-establish it will have to begin again.

Easements by prescription may arise under the common law, under the Prescription Act 1832 or by lost modern grant.

The right of way claimed must be one that could have been granted in accordance with the law. For example a right of way claimed for the purpose of tipping rubbish unlawfully on land

could not have been lawfully granted and cannot be acquired by prescription. On the other hand, a right to drive a vehicle over land that is a restricted byway without lawful authority is an offence, but as lawful authority could have been given then such a right is capable of being acquired by prescription.

It should be noted that prescriptive rights cannot be acquired over railway land or land owned by the British Waterways Board, due to the operation of the British Transport Commission Act 1949.

Easements by Estoppel

Easements by estoppel are created by the court to prevent an inequitable outcome where the vendor has misrepresented that he would grant an easement to the purchaser but in fact did not expressly grant the same. If the purchaser bought the property and relied in good faith on the existence of such an easement as part of his decision to buy then the court will normally make an order for the easement.

For example, the purchaser may tell the vendor that he wishes to build a garage on part of the land being sold to him and the vendor may agree that he can access the garage by using a particular drive on his land. If no easement is granted by deed to effect such a right, but the purchaser has relied on the vendor’s representation in consideration of purchasing the property then he would be entitled to an easement by estoppel.

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ROUTES OF & ACCESS TO, CABLES, PIPES & SEWERS

Deeds often provide details of cables, pipes, sewers, watercourses and the like; sometimes their actual position is shown on a deed plan. Covenants relating to the same are often very detailed

If the precise location of cables and pipes, etc are required but not described in a Deed or Deed Plan an Environmental Search can be made from our website, where there is a choice of

obtaining a detailed plan of water pipes and sewers, electricity cables, gas pipes, telephone wires, etc. Environmental s e a r c h e s c a n b e v i e w e d b y v i s i t i n g www.landregistryservices.com/environmental.

MAINTENANCE OBLIGATIONS

It is often the case that a property owner is liable for the maintenance and upkeep not only of his property but of a wall or boundary abutting an adjoining property. The Title Register will normally provide details of this, however briefly; it is prudent

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Deed Extract relating to Cabling and Pipe Covenants

Extract of an Electricity Cabling Plan from our Electricity Cable Route Environmental Search


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to obtain a copy of the deed referring to that obligation, which will almost certainly be available to purchase, in order to obtain more detail of the obligation.

DEED PLANS

A Deed will often have annexed to it a Plan (a Deed Plan) to make perfectly clear the property being described in the Deed. Unlike a Title Plan, the Deed Plan will often contain detailed measurements, angles, T and H marks, and other identifying features. This information can be immensely useful when attempting to resolve a boundary dispute, prove a right of way or identify a particular parcel of land subject to covenants etc.

DECLARATIONS OF TRUST

A Trust Deed is often prepared solely to declare a property in trust for another or others. This is likely to happen where there is more than one purchaser and they wish to own the property as Tenants in Common rather than Beneficial Joint Tenants. They will usually wish to spell out the respective percentages in the property that they each own, especially if they have made unequal contributions to the purchase price. Further, this will enable them to Will away their share upon the death of either of them.

A copy of the Declaration of Trust (Trust Deed) will be lodged with the Land Registry when the new ownership of the property is registered, and this will usually be kept as a digital copy.

Prior to compulsory registration of title a declaration of trust would be the only evidence of the existence of a Tenancy in Common.

ROOT OF TITLE

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Deed extract illustrating a typical Maintenance Obligation

Samples of typical Deed Plans




Where a property has not previously been registered at the Land Registry it is necessary for the purchaser’s solicitor to prove a good root of title, i.e. to check that all the sales and mortgages affecting the property have a correct and unbroken chain going back for at least 15 years, and that each of the vendors during the root of title period, had an unfettered title to sell the property, i.e. they were not bankrupt or in any other way incapacitated so as not to be able to own a property.

This is done by checking each of the ownership and similar deeds (conveyances, assents, memoranda, abstracts, powers of attorney, etc). The root of title was often summarised in the form of an Epitome of Title or Abstract of Title. Where the deeds themselves are not available, and where the contents of such documents contain useful information, such documents are often retained by the Land Registry either in digital or paper form. Such documents may be useful to historians for researching the history of a property.

COPIES OF COUNSEL’S OPINIONS

Counsel’s opinions are often retained by the Land Registry where they have been lodged in connection with a boundary or other dispute. This is an example of the type of document that can be obtained using our LR3d search, which pertains to miscellaneous documents and applications made to the Land Registry.

PURCHASE PRICE PRIOR TO 2000

The Land Registry almost always notes the purchase price of the property on the Title Register, in the B section, but only where the property was purchased after the year 2000. Otherwise, the purchase price is included unless a successful application is made by the purchaser to exclude it, or if the Land Registry consider that including it would mislead the public, e.g. where the property was purchased with other properties and the individual purchase prices cannot be reasonably estimated.

Where a person is anxious to obtain the purchase price, but it is not included in the Register, then he may obtain a copy of the Purchase Deed (the Transfer or Conveyance), as that will include a consideration clause and will state the amount of purchase price.

Where the property was not actually purchased for money it will state any other consideration, e.g. the natural love and affection of Mr X. If the property was gifted it will state as such.

OWNERSHIP PRIOR TO 1993

Where a person wishes to know the identity of the owners prior to the existing ownership he can obtain a copy of the Prior Title, using our LR13 History Search. However, it is only possible to

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obtain prior copies back to 1993 when the Land Registry began digitising their records.

Prior to this date it is necessary to obtain a copy of the purchase deed (Transfer or Conveyance), which will show the names and addresses of the vendors and purchasers and also the solicitors acting for them.

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CHAPTER 2

The Lease

ENGLAND & WALES UK LAND REGISTRY SERVICESAlso available for Scotland, N Ireland, Ireland, Isle of Man and Channel Islands

SECTION 1

The Lease LEASE SEARCH

This search includes the following documents:

1. Lease2. Lease Plan (where annexed to the Lease)

TERM OF YEARS ABSOLUTE

Whenever a leasehold interest in property is granted it is carried out by creating a lease. The formal expression for a legal lease is “Term of Years Absolute”. It can be for any period of time, and many leases are granted as monthly tenancies. This guide, however, is aimed at long leases, most of which would be granted for typical terms of 99 years, 125 years and similar. The lease describes the contractual terms between the person granting it (the lessor) and the person to whom it is granted (the lessee).

Leasehold estates are often created by developers. They will usually purchase the freehold estate of a large parcel of land and then produce an estate plan, dividing the property into smaller units, upon which they erect houses or flats.

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• Title Register Search• Lease Search

• Lease Search• Term of Years Absolute• Relevant Law• Leases that Must be Registered• Leases that May be Registered• Noting the Title Register• Post-2008 Leases• Pre-2008 Leases• Prescribed Clauses• Requirements to obtain copy Lease• Merger of Freeholds and Leaseholds• Leasehold Estates on More than One Floor

Section Contents










A lease is created for each property and an application is made by the developer to the Land Registry who will then grant a separate leasehold title for each of them. In such cases there will be:

• A freehold Title Register and Title Plan (the developer’s land)

• A leasehold Title Register and Title Plan (for each house or apartment erected)

• A lease for each house or apartment.

Many leasehold properties are created where a person owns a large house and converts it into flats. A lease is created for each flat and separate leasehold titles are granted by the Land Registry.

RELEVANT LAW

The main statutes governing legal estates in property, including leases, for the purposes of this guide, are the Land Registration Act 2002, the Land Registration Rules 2003 and the Land Registration (Amendment) (No 2) Rules 2005.

As a general rule, all registrable leases created after 18 June 2006 must contain Prescribed Clauses, which are defined by the Amendment Rules cited above.

LEASES THAT MUST BE REGISTERED

Within 2 months of completion of the purchase of a leasehold estate an application must be made for registration at the Land Registry where the lease is for a period of more than 7 years (or where more than 7 years remains on an existing lease). This period used to be 15 years prior to the Land Registration Act 2002. This means that far more leases are now compulsorily registrable than previously, and at some point in the near future this period is likely to be further reduced to 3 years.

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Blocks of Flats will be comprised of many Leasehold Interests




There are other types of leases (e.g. discontinuous leases) that are also compulsorily registrable, but these are beyond the scope of this guide.

All of these persons may have a registered interest in the property, which would be as follows:

• Developer - freeholder - lessor• Builder - leaseholder - lessee• Owner - sub-leaseholder - sub-lessee

LEASES THAT MAY BE REGISTERED

A lease created prior to 2006 may be voluntarily registered where there has been no disposition (e.g. sale or mortgage) and where there is more than 7 years remaining,

PARTICULARS OF LEASE AND NOTING THE LESSOR’S

TITLE

The A section of the Leasehold Title Register contains short particulars of the Lease from which the Register has been created, which include the date it was created, the length of the lease (term), any rent payable and the names of the parties.

Where a lease is registered with its own title, the leasor’s title will be noted to this effect.

The lessee is the person to whom the lease has been granted, and the lessor is the person granting the lease. In the case of a new development the lessor is usually the freeholder and developer, although it will sometimes be the case that the freeholder has granted a lease to an independent builder who has in turn created an under-lease to the person to whom the property was sold.

POST-2006 LEASES

Subject to certain uncommon exceptions (an exemption must be applied for), leases granted after 18 June 2006 must contain Prescribed Clauses as set out in Schedule 1A of the Land Registration Rules 2003 as amended.

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Shops with Flats Above are typical Leasehold Properties




The Prescribed Clauses will appear at the beginning of the lease, immediately after any front cover and list of contents (if there are any).

PRE-2006 LEASES

Leases which were registered prior to the requirement for Prescribed Clauses will still contain the same information, but it will be buried within the body of the lease. Prescribed Clauses make it easier to read and manage the lease.

There are 14 Prescribed Clauses, although most modern leases contain other information in the same format for ease of reading.

Schedule 1A lists the Prescribed Clauses.

OBTAINING A COPY OF THE LEASE

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Post-2006 Lease Pre-2006 Lease

The Prescribed Clauses

LR1" Date of Lease

LR2" Title Numbers - the leasor’s title number and any others.

LR3" The Parties to the Lease

LR4" The Property

LR5" Certain Statements, e.g. that the lease is in favour of a charity or granted under the Leasehold Reform Act 1967.

LR6" The Term of the Lease (it’s length)

LR7" The Premium paid for the Lease (i.e. the purchase price)

LR8" Prohibitions or Restrictions on disposing of the Lease

LR9" Rights of Acquisition, e.g. right to renew, right to surrender, landlord’s right to acquire the lease

LR10" Restrictive Covenants

LR11" Easements

LR12" Rentcharge burdening the property

LR13" Any application to enter a Restriction in the Title Register

LR14" Declaration of Trust (where the tenant is not a sole proprietor)




Where a lease was granted prior to 30 October 2003 the owner’s written consent to obtain a copy of it is required. After this date no such consent is necessary. Where consent is necessary, UKLRS will upload a form of authority to your MyAccount control panel for you to sign and return.

MERGER OF FREEHOLD AND LEASEHOLD ESTATES

Where the owner of a leasehold title acquires the freehold title, as for example, where the leaseholder purchases the ground rent, he may apply to the Land Registry to merge the titles, Provided he is entitled to each title in the same capacity, and provided that any entries in the leasehold title that would prevent a merger are first cancelled, then the application will succeed.

LEASEHOLD ESTATES THAT INVOLVE FLOOR LEVELS

As from March 2015 the Title Register for all Leasehold registrations that involve floor levels will contain 2 changes:

1 A separate Information Note will be added to the A sesction of the Register after the Property Description. An example of this provided by HM Land Registry in their practice guide is:

“The leasehold land demised by the lease referred to below which lies within the area shown edged red on the plan of the above title filed at Land Registry and being Flat 4, Smith Street, Anytown (DA1 4XX).

NOTE: The flat is on the first floor.”

2 A Title Register will no longer refer to additional parcels of land that form part of the Title, such as a garage, parking space, garden or bin store unless the same are subject to a floor level limitation. In such cases there will be an Information Note in the A section of the Register. An example of this provided by HM Land Registry in their practice is:

“The leasehold land demised by the lease referred to below which lies within the area shown edged red on the plan of the above title filed at Land Registry and being 26 Regents House, Richmond Road, Cowgarth and parking space (CK3 8RN).

NOTE 1: The flat is on the first floor,NOTE 2: The basement parking space is included in the title and excludes the subsoil below.”

The Leasehold Title should always be read in conjunction with the Lease, so that the intention and meaning of the contracting parties is understood.

A copy of the Leasehold Title Register can be obtained using our Title Register search, and a copy of the Lease can be obtained using our Lease search.

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Frontager

An owner of property that fronts onto a street or waterway.

Mortgage

A mortgage is a conveyance of land, subject to a right of redemption (to repay it).

A charge only gives a right to payment out of land without transferring the land.

A mortgage can be enforced against a bone fide purchaser for value with or without notice, unlike a charge.

Underlease

An underlease is a lease that has been granted by the owner of its superior leaseholder for a term less than the superior leaseholder’s term.

An example is where a leaseholder has a lease for 999 years. He then grants a lease to X of part of this land for a period of 125 years. X holds an underlease.