Land Registration Act 2002

Land Registration Act 2002

2002 CHAPTER 9

Commentary on the Sections

Part 12: Miscellaneous and General

Miscellaneous

Section 117: Reduction in unregistered interests with automatic protection

187. The following unregistered interests are amongst those that override first registration and registered dispositions:

• A franchise;

• A manorial right;

• A right to rent which was reserved to the Crown on the granting of any freehold estate (whether or not the right is vested in the Crown);

• A non-statutory right in respect of an embankment or sea or river wall;

• A right to payment in lieu of tithe.

188. This section provides that at the end of the ten years which it specifies, the above interests will cease to be capable of overriding first registration or a registered disposition. They will not then cease to have effect but a first registered proprietor or a purchaser under a registered disposition will only be bound by them if they are the subject of a notice in the register.

189. Where the relevant land is not registered, the lodging of a caution against first registration will ensure that the owner of the interest is notified of an application for first registration and so can by objecting ensure that a notice is entered in the register in respect of the interest. Equally, if the land is registered and notice of the interest is entered before the end of the ten year period the owner of that interest will be protected. For these reasons, subsection (2) of this section provides that no fee may be charged for lodging a caution against first registration or applying for the entry of a notice in respect of the interest during the ten-year period.