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Land Registration Act 2002

Law of Property Act 1925 (c. 20)

293.Paragraph 2 Section 44 of the Law of Property Act 1925 currently provides that under a contract for the grant of a lease, an intending lessee is not entitled to see the leasehold title out of which it is being granted (if any) or the title to the freehold of that land. The amendment to section 44 removes that restriction for contracts to grant leases that will result in first registration of title. Section 87 is amended to make it clear that although a registered proprietor of land can no longer create a mortgage by demise or sub-demise over registered land, the operation of section 87 is unaffected. The amendment has no application to leases granted out of registered land, even if the title to the registered estate out of which the lease is being granted is registered with less than absolute title. Section 94 of the 1925 Act, which relates to tacking and further advances, is amended to make the regime under section 49 of the Act applicable to all charges over registered land and for the scheme under section 94 to apply to all other charges. The other amendments to the Law of Property Act 1925 are consequential.

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