Land Registration Act 2002 - Land Registration

Land Registration

Section 4 stipulates that registration of an estate in land is compulsory when one of the following events occurs:

• Freehold estate is transferred, whether under a sale, gift or other circumstances;
• Legal lease for more than seven years is granted;
• Legal lease with more than seven years to run is transferred; or
• Grant of a first legal charge (mortgage).

Failure to register when required, means that the purchaser or transferee gains only an equitable title to the land and the seller or transferor remains as the registered proprietor. A person with an equitable title, i.e. who has failed to register, cannot take advantage of the priority rules found in sections 29 and 30 of the Act and may be vulnerable if the (still) registered proprietor attempts another dealing with the land.