LR Unit (Section A)

Land registry based on the real folio principle.

Some land registration systems consider any immovable asset, regardless its nature or situation, a subject matter of registration. Others restrict the concept only to those specified by law, or even create legal fiction of immovable assets with regard to the registration in the land registry.

1. Is there any specific provision in your law that regulates what can create a new land registry file (a new folio)? Could you please state that provision? What is the basic unit in the land registry? What can open a folio? Only Immovable assets by nature, or also immovable assets by legal fiction (by disposition of law)?

The LRR 2002, section 2 sets out the scope of registration of title:

(i) an estate in land*,

(ii) a rentcharge*,

(iii) a franchise*,

(iv) a profit a prendre in gross*, and

(v) any other interest or charge which subsists for the benefit of, or is a charge on, an interest the title to which is registered; and

(b) interests capable of subsisting at law which are created by a disposition of an interest the title to which is registered.

Only (i) – (iv) will have its own individual register and title number. Interests and charges falling within (v) will be registered by noting them on the titles upon which they are a burden and the title which they benefit, if both are registered.

*An estate in land means:

• An estate in fee simple absolute in possession (commonly called ‘freehold’)
• A term of years absolute (commonly called ‘leasehold’)

The only interests or charges in or over land which are capable of subsisting or of being conveyed or created at law are:

a) An easement, right, or privilege in or over land for an interest equivalent to an estate in fee simple absolute in possession or a term of years absolute;

b) A rentcharge in possession issuing out of or charged on land being either perpetual or for a term of years absolute;

c) A charge by way of legal mortgage;

d) and any other similar charge on land which is not created by an instrument;

e) Rights of entry exercisable over or in respect of a legal term of years absolute, or annexed, for any purpose, to a legal rentcharge.

All other estates, interests, and charges in or over land take effect as equitable interests. (s.1 Law of Property Act 1925).

*A rentcharge is a rent issuing out of freehold land, as opposed to rent issuing from leasehold land. Now a rentcharge will be used to collect maintenance where a group of houses share common facilities such as green spaces and roads.

*A franchise is a right granted by the Crown to a subject, for instance the right to hold a market, a fair, collect a toll, maintain a park, operate a ferry. The right is coupled with a duty, and also give the owner the right of preventing other persons from interfering with its exercise.

*A profit a prendre in gross is a right to take something from another person’s land.

This could be part of the land itself, such as peat; something growing on it, such as timber or grass (which can be taken by the grazing of animals); or wildlife killed on it, for example by shooting or fishing.

The thing taken must be capable of ownership, so a right to use land in some way, or to take water from a natural feature, cannot be a profit.

A profit a prendre in gross is a right not attached to the ownership of any particular piece of land. The owner of the profit may not own any land at all and may dispose of the profit independently from any land they do own. A profit a prendre in gross may be substantively registered with its own title.

2. Could an immovable asset, being part of a bigger immovable asset already registered, be separated in the land registry by opening a new file (a new folio)?

How are these situations organized: is there any link or connection between different real folios?

On a sale of part, a new title with its own individual register and title number will be opened. A note will usually be made on the original title to say that the area edged in green on the title plan has been removed from the title, and the original title plan will be marked accordingly.

–   A house built on a registered plot or parcel.

On a sale of part, a new title with its own individual register and title number will be opened. A note will usually be made on the original title to say that the area edged in green on the title plan has been removed from the title, and the original title plan will be marked accordingly.

–   An apartment in the previous registered house, following a condominium situation

If the lease was granted for a term of more than seven years from the date of the grant it must be registered under its own title number with its own individual register. A note will be made on the original title register from which the lease was granted, with brief details of the lease.

If a lease is granted for between three and seven years it can be noted in the register of the title out of which it was granted, but it cannot be separately registered. A lease for three years or less cannot be registered or noted.

There are four other cases where a lease must be registered with its own title number and individual register, whatever the length of the term:

– A lease where the right to take possession starts more than three months after the date the lease was granted
– A lease where the right of possession is discontinuous (such as a holiday apartment which you are entitled to occupy for two weeks each year)
– A long lease granted to a social housing tenant under the right to buy (Part 5 Housing Act 1985)
– A disposal by a landlord which leads to a person no longer being a secure tenant (s.171A Housing Act 1985).

4. Identification of the LR entity: Is each land registry entity identified by a single identification number? Is it created, maintained and written off by the Land registry organization?

Each registered title has a unique title number.

5. If a Land Register identification number is applicable to your situation: could you please describe the way this LR ID number is structured. Could you please share a (specimen) identification number?

The title numbers are generated automatically when an application for registration is taken in by the Land Registry. The title number consists of letters followed by numbers. The letters signify the county (administrative area) in which the property is situated, followed by a sequence of numbers. For example – title number WR199876 would indicate a property situated in the County of Worcestershire. Title number NGL987560 would indicate a property situated in northern Greater London.

Which other information is needed for a easy and complete identification of the entity? (Please select all possibilities, applicable to your system):

In an application for first registration the local authority to which council tax or business rates are paid in respect of the property must be named. In addition the applicant must identify:

– The address or other description of the estate to be registered
– The extent to be registered by means of a plan, or postal address if the land can be fully identified by that address
– The title deeds will be inspected to fully establish the extent
– If the land is already registered the title number will be sufficient to identify the estate. If the title number is not known the estate can normally be established by means of an address, or it can be located by a map search.