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Land Registration Act 2002

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This is the original version (as it was originally enacted).

Miscellaneous

115Rights of pre-emption

(1)A right of pre-emption in relation to registered land has effect from the time of creation as an interest capable of binding successors in title (subject to the rules about the effect of dispositions on priority).

(2)This section has effect in relation to rights of pre-emption created on or after the day on which this section comes into force.

116Proprietary estoppel and mere equities

It is hereby declared for the avoidance of doubt that, in relation to registered land, each of the following—

(a)an equity by estoppel, and

(b)a mere equity,

has effect from the time the equity arises as an interest capable of binding successors in title (subject to the rules about the effect of dispositions on priority).

117Reduction in unregistered interests with automatic protection

(1)Paragraphs 10 to 14 of Schedules 1 and 3 shall cease to have effect at the end of the period of ten years beginning with the day on which those Schedules come into force.

(2)If made before the end of the period mentioned in subsection (1), no fee may be charged for—

(a)an application to lodge a caution against first registration by virtue of an interest falling within any of paragraphs 10 to 14 of Schedule 1, or

(b)an application for the entry in the register of a notice in respect of an interest falling within any of paragraphs 10 to 14 of Schedule 3.

118Power to reduce qualifying term

(1)The Lord Chancellor may by order substitute for the term specified in any of the following provisions—

(a)section 3(3),

(b)section 4(1)(c)(i) and (2)(b),

(c)section 15(3)(a)(ii),

(d)section 27(2)(b)(i),

(e)section 80(1)(b)(i),

(f)paragraph 1 of Schedule 1,

(g)paragraphs 4(1), 5(1) and 6(1) of Schedule 2, and

(h)paragraph 1 of Schedule 3,

such shorter term as he thinks fit.

(2)An order under this section may contain such transitional provision as the Lord Chancellor thinks fit.

(3)Before making an order under this section, the Lord Chancellor must consult such persons as he considers appropriate.

119Power to deregister manors

On the application of the proprietor of a registered manor, the registrar may remove the title to the manor from the register.

120Conclusiveness of filed copies etc

(1)This section applies where—

(a)a disposition relates to land to which a registered estate relates, and

(b)an entry in the register relating to the registered estate refers to a document kept by the registrar which is not an original.

(2)As between the parties to the disposition, the document kept by the registrar is to be taken—

(a)to be correct, and

(b)to contain all the material parts of the original document.

(3)No party to the disposition may require production of the original document.

(4)No party to the disposition is to be affected by any provision of the original document which is not contained in the document kept by the registrar.

121Forwarding of applications to registrar of companies

The Lord Chancellor may by rules make provision about the transmission by the registrar to the registrar of companies (within the meaning of the Companies Act 1985 (c. 6)) of applications under—

(a)Part 12 of that Act (registration of charges), or

(b)Chapter 3 of Part 23 of that Act (corresponding provision for oversea companies).

122Repeal of Land Registry Act 1862

(1)The Land Registry Act 1862 (c. 53) shall cease to have effect.

(2)The registrar shall have custody of records of title made under that Act.

(3)The registrar may discharge his duty under subsection (2) by keeping the relevant information in electronic form.

(4)The registrar may on application provide a copy of any information included in a record of title made under that Act.

(5)Rules may make provision about applications for the exercise of the power conferred by subsection (4).

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