However, you only need to disclose interests on form DI if they are not apparent from an examination of the title deeds and documents rule 28 2 b of the Land Registration Rules For example, you will not need to complete a form DI for a lease having overriding status if a certified copy of the lease is enclosed with the title deeds. However, you will need to disclose on form DI interests for which no documentary evidence exists, such as a right acquired by prescription or a customary right.
Leases of land as opposed to leases of rentcharges, profits, franchises, manors or easements that do not have to be registered are overriding interests this is the effect of Schedule 1, paragraph 1 and Schedule 3, paragraph 1 of the Land Registration Act See also section 90 5 of the Land Registration Act This means most, but not all, leases granted for a term of seven years or less.
The registration requirements are slightly different for leases out of registered section 27 2 b of the Land Registration Act and unregistered section 4 1 d , e and f of the Land Registration Act titles, see practice guide leases - when to register for more details. Under section 70 1 k of the Land Registration Act , any lease granted for a term of 21 years or less was an overriding interest. Any such lease existing on 13 October will continue to have overriding status, until it is noted in the register Schedule 12, paragraph 12 of the Land Registration Act This item is more narrowly defined than its equivalent in section 70 1 g of the Land Registration Act , and there are different provisions for first registrations and for dispositions of registered land Schedule 1, paragraph 2 and Schedule 3, paragraph 2 of the Land Registration Act respectively.
On first registration, any legal easement or profit a prendre is an overriding interest Schedule 1, paragraph 3. On registrable dispositions, the position for legal easements and profits a prendre was the same as for first registrations until 12 October this is the combined effect of Schedule 3, paragraph 3 and Schedule 12, paragraph 10 of the Land Registration Act Since 13 October , there have been some exceptions.
An unregistered legal easement or profit will now only override registered dispositions if it is:. A transitional provision Schedule 12, paragraph 9 of the Land Registration Act relates to an easement or profit which was an overriding interest in relation to a registered estate immediately before the Land Registration Act came into force. If the easement or profit concerned would not otherwise fall within paragraph 3 of Schedule 3 of the Land Registration Act , that paragraph will take effect as if the interest concerned were not excluded from it.
This is no longer the case under the Land Registration Act One effect of this transitional provision is, therefore, to preserve the overriding status of existing equitable easements and profits of this kind.
But it can only affect land which is already registered; only legal easements or profits can now override first registration. Rights acquired, before the Land Registration Act came into force, under the Limitation Act or under section 75 of the Land Registration Act , had overriding status for three years Schedule 12, paragraphs 7 and 11 of the Land Registration Act From 13 October , they will only be protected if the claimant is in actual occupation of the land under paragraph 2 of either Schedule 1 or Schedule 3 of the Land Registration Act , and subject to the exceptions in those paragraphs.
The transitional provision in Schedule 12, paragraph 8 of the Land Registration Act , which applies only to dispositions, may sometimes be relevant as well , or, on first registration, if the proprietor has notice of them sections 11 4 c and 12 4 d of the Land Registration Act We only provide factual information and impartial advice about our procedures. Read more about the advice we give. To help us improve GOV. It will take only 2 minutes to fill in.
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