Land Registration Act 2002

Land Registration Act 2002
Act of Parliament
coat of arms
Parliament of the United Kingdom
Long titleAn Act to make provision about land registration; and for connected purposes.
Citation2002 c. 9
Introduced byLord Chancellor Lord Irvine, 21 June 2001
Territorial extent England and Wales
Dates
Royal assent26 February 2002
Commencement13 October 2003
Other legislation
Amends
Repeals/revokesSee § Repealed enactments
Amended by
Relates to
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended
Land Registration Rules 2003
Statutory Instrument
coat of arms
Parliament of the United Kingdom
CitationSI 2003/1417
Territorial extent United Kingdom
Dates
Made19 May 2003
Laid before Parliament5 June 2003
Commencement13 October 2003
Other legislation
Made underLand Registration Act 2002
Amended by
  • Land Registration (Amendment) Rules 2005
  • Land Registration (Amendment) Rules 2008
  • Land Registration (Amendment) Rules 2009
  • Land Registration (Amendment) Rules 2011
  • Land Registration (Amendment) Rules 2018
  • Land Registration (Amendment) Rules 2022
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Land Registration Act 2002 (c. 9) is an act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though similar, system. The act, together with the Land Registration Rules 2003 (SI 2003/1417), regulates the role and practice of HM Land Registry.

Background

The Land Registration Act 2002 was introduced in response to the Law Commission and HM Land Registry report, Land Registration for the Twenty-first Century (2001). The Act:

The act made some major changes to the law regulating registered land. Specifically, it:

Land registration

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

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.

Grades of title

On first registration, the registrar awards a grade of title to each registered estate.

In the case of freehold estates, one of the following grades of title may be awarded according to s. 11 of the act:

In the case of leasehold estates, one of the following grades of title may be awarded according to s. 12 of the act:

Registrable dispositions

These are proprietary rights which are only legal if registered. Dispositions subject to registration according to s. 27 are:

According to s. 27(1): "If a disposition is required to be completed by registration it does not operate at law until the relevant requirements are met."

Modern conveyancing practice has increasingly adopted digital processes to streamline these registration requirements, including electronic signatures and online submission systems that expedite the completion of registrable dispositions.

Priority

According to s. 29 of the act, a person acquiring an interest under a registrable disposition for valuable consideration (being usually a freehold or leasehold, but also including a legal mortgage) and having been registered successfully as owner of the interest, takes it subject to only:

All other interests are postponed to the interest under the disposition – i.e. the successfully registered purchaser's interest gets priority over all other interests.

Note: if the transferee is not a purchaser (such as the recipient of a gift, or under a will), he or she takes the title subject to all pre-existing proprietary interests affecting the land – see s.28 LRA 2002

Restrictions

A restriction on the proprietorship register prevents the registration of a disposition unless complied with.

This is the appropriate way of alerting a purchaser of the existence of an equitable family interest which arises under a trust of land. A restriction does not protect the priority of that interest, nor any right of occupation – it notifies the purchaser of the interest. In any event, in the normal case, the purchaser will overreach and in such cases it is immaterial whether the purchaser knows of the equitable family interest or not. (Law of Property Act 1925; Trusts of Land and Appointment of Trustees Act 1996)

Restrictions are also useful to control dealings with the land as a secondary means of protection. For example, a person with an option to purchase land (e.g. a developer) should protect that interest by means of a Notice. However, they may also enter a restriction to prevent, or to be alerted to, any attempt to transfer the land in breach of the option.

Notices

According to s. 32 of the act: "A notice is an entry on the [charges] register in respect of a burden of an interest affecting a registered estate or charge."

According to s. 33, the following interests cannot be protected by a notice:

In all cases, these interests are protected against a purchaser by other means.

According to s. 34, all other interests may be protected by a notice. Examples include:

Adverse possession

The act is known for the changes it has made to the rules regulating adverse possession in relation to registered land (the rules applicable to unregistered land remain the same, and 12 years possession is still required to obtain title).

The act provides that anyone who occupies registered land without permission from the owner and treats it as his own for 10 years is entitled to apply to be registered as owner, although the system introduced by the act means that few claims will succeed. Specifically, according to paragraph 1(1) of schedule 6 to the act:

A person may apply to the registrar to be registered as the proprietor of a registered estate in land if he has been in adverse possession of the estate for the period of ten years ending on the date of the application.

The Land Registry is obliged to notify the registered proprietor of the land that an application for possessory title has been made. The registered proprietor then has 65 business days to object to the registration. The objection may dispute the applicant's right to be registered as owner or, more usually, the registered proprietor will claim the benefit of the process found in paragraph 5 of schedule 6. This provides that a registered proprietor who objects has a further two years to evict the adverse possessor. It will be enough to secure eviction within these two years that the registered proprietor relies on their registered title. No other reason need be given. Failure to secure the eviction of the adverse possessor within these two years gives the adverse possessor the right to re-apply to be registered and such a second application will be successful.

In three special cases, the adverse possessor may be registered as proprietor without having to wait for two further years and even if the proprietor objects. These special cases usually arise because the adverse possessor has some other reason for claiming ownership in addition to their possession for (at least) 10 years.

The new rules regulating adverse possession can be found in Part 9 of the act, and the rules regulating the procedures for registration of an adverse possessor can be found at Schedule 6 to the act.

These rules are much more difficult to satisfy than the common law with regard to adverse possession, although it is now clear that all rules of adverse possession (in unregistered land, under the LRA 1925 and under the LRA 2002) are human rights compliant, see generally the judgment of the Grand Chamber of the European Court of Human Rights in J. A. Pye (Oxford) Ltd and Another v United Kingdom. Cobb and Fox's article argues that the 2002 act unjustly favours landowners in claims of adverse possession (through paragraphs 2 and 3 of Schedule 6), whilst overlooking the moral issues surrounding squatting. The reform brought by the 2002 act holds the view that intentional squatting "...at least in some cases, is tantamount to sanctioning a theft of land'". Meanwhile, the registered proprietor is deemed 'blameless' even where the property has been forgotten, with the 2002 act "...designed to protect registered proprietors from the possibility of such oversight or inadvertence". Therefore, Cobb and Fox have argued the current law overlooks the moral justifications of adverse possession, such as increasingly unaffordable housing and to prevent 'stagnating land', instead enforcing the view that "advertent squatters are morally blameworthy" for their intentional trespassing, "while landowners are morally blameless".

A registered proprietor need simply object and then proceed to evict within two years. The adverse possessor's claim is therefore vulnerable under the 2002 act and the registered proprietor is protected in all but the most unusual circumstances.

After the passage of the act, local councils and other organisations with large land holdings began the systematic registration of their land in order to prevent title being lost to squatters.

Objection and adjudication

Anybody may make an objection to the Registrar about an application (s.73). The Registrar must advise the applicant and, so long as the objection is not groundless, must dispose of the objection by agreement between the parties. If agreement cannot be reached, the matter must be referred to the Land Registration Division, Property Chamber, First Tier Tribunal (formerly called the Adjudicator to HM Land Registry) who is appointed by the Lord Chancellor (ss.107–114). The tribunal also hears appeals from aggrieved persons on decisions of the Registrar as to access to the Land Registry Network (Sch.5).

The tribunal can make any order which the High Court could make for the rectification or setting aside of certain dispositions, contracts and other documents affecting interests in land. Appeals from the decision of the Regulator can be made to the High Court (s.111).

Repealed enactments

Section 135 of the act repealed 55 enactments, listed in schedule 13 to the act.

Citation Short title Extent of repeal
25 & 26 Vict. c. 53 Land Registry Act 1862 The whole act.
15 & 16 Geo. 5. c. 18 Settled Land Act 1925 Section 119(3).
15 & 16 Geo. 5. c. 20 Law of Property Act 1925 In section 84(8), the words from ", but" to the end.
In section 205(1)(xxii), the words from ", and" to the end.
15 & 16 Geo. 5. c. 21 Land Registration Act 1925 The whole act.
16 & 17 Geo. 5. c. 11 Law of Property (Amendment) Act 1926 Section 5.
26 Geo. 5 & 1 Edw. 8. c. 26 Land Registration Act 1936 The whole act.
8 & 9 Geo. 6. c. 43 Requisitioned Land and War Works Act 1945 Section 37(3).
7 & 8 Eliz. 2. c. 72 Mental Health Act 1959 In Schedule 7, the entry relating to the Land Registration Act 1925.
8 & 9 Eliz. 2. c. 58 Charities Act 1960 In Schedule 6, the entry relating to the Land Registration Act 1925.
1968 c. 64 Civil Evidence Act 1968 In the Schedule, the entry relating to the Land Registration Act 1925.
1969 c. 48 Post Office Act 1969 In Schedule 4, paragraph 27.
1969 c. 59 Law of Property Act 1969 Section 28(7).
1971 c. 54 Land Registration and Land Charges Act 1971 The whole act.
1972 c. 11 Superannuation Act 1972 In Schedule 6, paragraph 16.
1972 c. 70 Local Government Act 1972 In Schedule 29, paragraph 26.
1974 c. 47 Solicitors Act 1974 Section 75(b).
1975 c. 7 Finance Act 1975 In Schedule 12, paragraph 5.
1975 c. 76 Local Land Charges Act 1975 Section 19(3).
In Schedule 1, the entry relating to the Land Registration Act 1925.
1976 No. 4 Endowments and Glebe Measure 1976 In Schedule 5, paragraph 1.
1977 c. 38 Administration of Justice Act 1977 Sections 24 and 26.
1979 c. 53 Charging Orders Act 1979 Section 3(3).
Section 7(4).
1980 c. 58 Limitation Act 1980 In section 17, paragraph (b) and the preceding "and".
1980 c. 66 Highways Act 1980 Section 251(5).
1981 c. 24 Matrimonial Homes and Property Act 1981 Section 4.
1982 c. 53 Administration of Justice Act 1982 Sections 66 and 67 and Schedule 5.
1983 c. 20 Mental Health Act 1983 In Schedule 4, paragraph 6.
1984 c. 51 Capital Transfer Tax Act 1984 In Schedule 8, paragraph 1.
1985 c. 61 Administration of Justice Act 1985 In section 34, in subsection (1), paragraph (b) and the preceding "and" and, in subsection (2), paragraph (b).
In Schedule 2, paragraph 37(b).
1985 c. 65 Insolvency Act 1985 In Schedule 8, paragraph 5.
1985 c. 68 Housing Act 1985 Section 36(3).
Section 154(1), (6) and (7).
Section 156(3).
Section 168(5).
In Schedule 9A, paragraphs 2(1), 3 and 5(3).
1986 c. 26 Land Registration Act 1986 Sections 1 to 4.
1986 c. 45 Insolvency Act 1986 In Schedule 14, the entry relating to the Land Registration Act 1925.
1986 c. 53 Building Societies Act 1986 In Schedule 2A, in paragraph 1, sub-paragraph (4) and, in sub-paragraph (5), the definition of "registered land" and the preceding "and".
In Schedule 18, paragraph 2.
In Schedule 21, paragraph 9(b).
1986 No. 3 Patronage (Benefices) Measure 1986 Section 6.
1987 c. 31 Landlord and Tenant Act 1987 Section 28(6).
In Schedule 4, paragraphs 1 and 2.
1987 c. 46 Diplomatic and Consular Premises Act 1987 In Schedule 1, in paragraph 1, the words from "and expressions" to the end.
1988 c. 3 Land Registration Act 1988 The whole act.
1988 c. 33 Criminal Justice Act 1988 Section 77(13).
In Schedule 15, paragraphs 6 and 7.
1988 c. 50 Housing Act 1988 In Schedule 11, paragraph 2(3).
1989 c. 26 Finance Act 1989 Sections 178(2)(e) and 179(1)(a)(iv).
1990 c. 41 Courts and Legal Services Act 1990 In Schedule 10, paragraph 3.
In Schedule 17, paragraph 2.
1992 c. 23 Access to Neighbouring Land Act 1992 Section 5(2) and (3).
1993 c. 28 Leasehold Reform, Housing and Urban Development Act 1993 Section 97(3).
In Schedule 21, paragraph 1.
1994 c. 21 Coal Industry Act 1994 In Schedule 9, paragraph 1.
1994 c. 36 Law of Property (Miscellaneous Provisions) Act 1994 In Schedule 1, paragraph 2.
1994 c. 37 Drug Trafficking Act 1994 Section 26(13).
In Schedule 1, paragraph 1.
1996 c. 27 Family Law Act 1996 Section 31(11).
In Schedule 8, paragraph 45.
1996 c. 47 Trusts of Land and Appointment of Trustees Act 1996 In Schedule 3, paragraph 5.
1996 c. 52 Housing Act 1996 Section 11(4).
1996 c. 53 Housing Grants, Construction and Regeneration Act 1996 Section 138(3).
1997 c. 2 Land Registration Act 1997 Sections 1 to 3 and 5(4) and (5).
In Schedule 1, paragraphs 1 to 6.
1999 c. 29 Greater London Authority Act 1999 Section 219.
2000 c. 11 Terrorism Act 2000 In Schedule 4, paragraph 8(2) and (3).
2000 c. 29 Trustee Act 2000 In Schedule 2, paragraph 26.
2001 c. 17 International Criminal Court Act 2001 In Schedule 6, paragraph 7(2).

See also

Notes

  1. ↑ Section 136(1).
  2. ↑ Section 136(3).
  3. ↑ Section 136(2).
  4. 1 2 Section 1.

References

  1. ↑ "Minutes and Order Paper – Minutes of Proceedings". House of Lords. 21 June 2001. Retrieved 22 March 2008.
  2. ↑ Land Registration Rules 2003, SI 2003/1417
  3. ↑ Land Registration (Amendment) Rules 2005, SI 2005/1766
  4. ↑ Land Registration (Amendment) (No.2) Rules 2005, SI 2005/1982
  5. ↑ "Cases and Documents CCPL | Department of Land Economy". www.landecon.cam.ac.uk. Retrieved 5 July 2026.
  6. ↑ "Yesterday in parliament". The Guardian. 12 February 2002. Retrieved 13 February 2026.
  7. ↑ "'Britain's biggest ever land-grab'". The Guardian. 9 July 2002. Retrieved 13 February 2026.
  8. ↑ Cobb, Neil; Fox, Lorna (1 June 2007). "Living outside the system? The (im)morality of urban squatting after the Land Registration Act 2002". Legal Studies. 27 (2): 236–260. doi:10.1111/j.1748-121X.2007.00046.x. ISSN 0261-3875.
  9. ↑ "Land Registration Act 2002 Section 11". www.legislation.gov.uk. Retrieved 5 July 2026.
  10. ↑ "Land Registration Act 2002 Section 12". www.legislation.gov.uk. Retrieved 5 July 2026.
  11. ↑ "Land Registration Act 2002 Section 27". www.legislation.gov.uk. Retrieved 5 July 2026.
  12. ↑ "What is the Land Registration Act? | Glossary & Q&A". www.veyco.com. Retrieved 14 January 2026.
  13. ↑ "Land Registration Act 2002 Section 29". www.legislation.gov.uk. Retrieved 5 July 2026.
  14. ↑ "Land Registration Act 2002 Section 32". www.legislation.gov.uk. Retrieved 5 July 2026.
  15. ↑ "Land Registration Act 2002 Section 33". www.legislation.gov.uk. Retrieved 5 July 2026.
  16. ↑ "Land Registration Act 2002 Section 34". www.legislation.gov.uk. Retrieved 5 July 2026.
  17. ↑ "Land Registration Act 2002 Part 9". www.legislation.gov.uk. Retrieved 5 July 2026.
  18. ↑ "Land Registration Act 2002 Schedule 6". www.legislation.gov.uk. Retrieved 5 July 2026.
  19. 1 2 Neil Cobb; Lorna Fox, "Living outside the System - The (Im)Morality of Urban Squatting after the Land Registration Act 2002," Legal Studies 27, no. 2 (June 2007): 236-260 https://core.ac.uk/download/pdf/16388113.pdf
  20. ↑ Law Commission Land Registration for the Twenty-First Century: A Conveyancing Revolution Law Com No 271 (London: TSO, 2001) para 10.5
  21. ↑ Neil Cobb; Lorna Fox, "Living outside the System - The (Im)Morality of Urban Squatting after the Land Registration Act 2002," Legal Studies 27, no. 2 (June 2007) p243
  22. ↑ "Land Registration Act 2002", legislation.gov.uk, The National Archives, 2002 c. 9

Bibliography