HM Land Registry - History

History

In 1857 the Royal Commission on Registration of Title proposed a system of registration administered by a central registry in London with district offices. The Land Registry Act 1862 was introduced by the then Lord Chancellor, Richard Bethell, 1st Baron Westbury. The Act provided for the registration of Freehold and long leasehold estates in land. The system of registration adopted had some differences to that piloted in South Australia by that colony's then Prime Minister Sir Robert Torrens, although both were founded on the 1857 report.

Brent Spencer Follett, the first Chief Land Registrar, opened the Land Registry's first offices, at 34 Lincoln's Inn Fields, London, on 15 October 1862. Mr Follett had a staff of just six people and was paid £2,500 a year, at a time when the average labourer's wage was £40.

At first registration was not compulsory, and once property was registered there was no compulsion to register any subsequent transactions. Thus it was possible for the person registered as the owner of a property to cease to be the owner while remaining on the register. Serious flaws in the 1862 Act led to the Land Transfer Act 1875, which forms the basis of the system used today. However the LTA did not make registration compulsory.

A report by Sir Charles Brickdale on the system of land registration used in Germany proved influential. In 1897 the then Lord Chancellor, Hardinge Giffard, 1st Earl of Halsbury introduced the Land Transfer Act 1897, which brought an element of compulsion into the registration system. To satisfy the demands of the legal profession, the option of a county veto was offered.

London County Council was attracted to the idea of compulsory registration and voted in favour of it, and it was introduced in stages between 1899 and 1902. This led to the expansion of Land Registry. At this time the first female staff were employed and new technology, in the typewriter form, was introduced. A proposal to extend compulsory registration to Northamptonshire in 1902 was lost in committee.

From 1905 to 1913 new Land Registry headquarters were built in Lincoln's Inn Fields.

Two significant pieces of land legislation were enacted in 1925: the Law of Property Act and the Land Registration Act. Government-initiated extensions to compulsory registration were suspended for ten years, but Eastbourne (1926) and Hastings (1929) voluntarily became areas of compulsory registration. After the ten years were up, compulsory registration was extended to Middlesex (1937) and the County Borough Of Croydon (1939). Plans to extend it to Surrey in 1940 were abandoned due to the Second World War. In 1925 the government forecast that the whole of England and Wales would be subject to compulsory registration by 1955, but the process took much longer.

In 1940, after damage sustained in the 193rd air raid on Central London, Land Registry was evacuated to the Marsham Court Hotel in Bournemouth so that it could carry on its normal business. In 1950, eighty-eight years after its creation, Land Registry registered its one millionth title.

The growth in property ownership after the war years meant that the potential number of properties to be registered increased dramatically. This in turn slowed down the rate of land registration. To deal with the increasing workload, an office was opened in Tunbridge Wells in 1955 and a further office at Lytham St. Annes in 1957. In 1963, 101 years after the registry started, it registered its two millionth title.

Theodore Ruoff, who was appointed Chief Land Registrar in 1963, laid down the three fundamental principles of Land Registration:

• The Mirror principle — the register of title should reflect, accurately and completely, and beyond all argument, the facts that are material to the title
• The Curtain principle — the register should be the sole and definitive source of information for proposing purchasers
• The Insurance principle — if, as a result of human error, the title is proved to be defective in any way, then the person or persons suffering loss as a result must be able to claim compensation

New offices were opened in Gloucester and Stevenage (1964), Durham and Harrow (1965), Plymouth (1966), Croydon and Swansea (1967), Birkenhead and Weymouth (1977), Peterborough (1978), Telford (1986), Coventry and Hull (1987), Leicester (1988), Portsmouth (1989) and York (1991).

Land registers at this time were not public records, and processing them required laborious typing and the completion of plans by hand using paintbrushes and ink on linen. Copies of everything produced had to be made by hand. Land Registry retained the originals, and the copies were sewn, using needle and thread, into large certificates. The certificates were produced as indisputable evidence of the ownership of the land. Such was the importance of the certificates that tampering with them was a criminal offence.

In 1986 the Plymouth Office became the first Land Registry office to produce registers electronically. Although the certificates still bore the same importance, computerisation dramatically increased the efficiency of the Land Register at a time when Land Registry was keen to bring the whole of England and Wales under compulsory registration.

In 1990 the provision of compulsory registration was brought to the whole of England and Wales, the ten millionth title was registered and for the first time, the Land Register was opened to public inspection.

Although compulsory registration had now spread to the whole of its jurisdiction, compulsion only occurred when a property was sold. This was a barrier to the registration of the whole of England and Wales, and in 1998 new triggers for registration were introduced, dramatically increasing the rate of registration of land. These triggers included gifts of land, assent of land on death and raising monies by mortgages on the land.

The Land Registration Act 2002 leaves the system substantially in place, but enables the future compulsory introduction of electronic conveyancing, using electronic signatures to transfer and register property. As a result of that act, Land and Charge Certificates are no longer issued.

The new home of the Information Systems department, a state-of-the-art office with 500 staff, was opened in 2005 in Plymouth's International Business Park.