The content of the information

GENERAL ISSUES:

Graphic examples of a piece of information:

The information provided is a copy of the register   (1 / 2) and the title plan – either an “official copy” or (for members of the public viewing online) a plain (unofficial) copy.

The register states the title number (an alphanumeric code unique to each individual register). The register consists of three parts.

A) PROPERTY

Part A (“The Property Register”) contains:

•    A description of the property (“the registered estate”), often simply a postal address (dimensions or area are not usually included), and a reference to the title plan.
•    Whether the title is to a freehold or leasehold estate.
•    If it is leasehold, brief details of the lease.
•    Details of anything that is not included in the title (for example, areas that have been sold off, or a statement as to whether minerals under the land are known to be included in or excluded from the title).
•    Easements and other rights benefiting the land.
•    In the case of a leasehold estate, an entry mentioning any provision in the lease prohibiting or restricting dispositions of it.

B) OWNERSHIP

Part B (“The Proprietorship Register”) contains:

•    Details of the class of title. Usually this is “absolute”, meaning that the proprietor’s title is guaranteed to the fullest extent possible under the legislation. Other, less common possibilities are “good leasehold”, “possessory” and “qualified”. “Good leasehold” means that the title to the lease is guaranteed, but that the title of the lessor who granted the lease was not proved. “Possessory” means that the title of the first proprietor to be registered was not fully proved – it is usually granted where the title arose by adverse possession (prescription). “Qualified” means that there is some other doubt about the title, which is explained in an entry in the proprietorship register. See Land Registration Act 2002, sections 11, 12 and 29.
•    The name(s) and address(es) of the registered proprietor(s), and, if the proprietor is a UK registered company, its registered number.
•    The price paid by the present proprietor for the property, or the value stated when he or she acquired it.
•    Any restrictions on the power of the registered proprietor to dispose of the property.
•    Notice of any bankruptcy proceedings affecting a sole registered proprietor who is an individual.
•    Details concerning any positive covenants relating to the property affecting the present registered proprietor.
•    Cautions against dealings by the registered proprietor – it has not been possible to make such an entry since 2003, but some old ones remain.

C) MORTGAGES AND BURDENS

Part C (“The Charges Register”) contains details of burdens adversely affecting the property, including:

•    Registered charges, that is, legal mortgages. The entry relating to the charge is followed by a second entry giving the name and address of the current proprietor of the charge. There may also be other entries relating to a registered charge, for example:

o    any restriction on the powers that the registered proprietor of the charge has to dispose of it.
o    any obligation on the registered proprietor of the charge to advance further funds to the borrower.
o    a statement of the maximum amount for which the mortgage is security – such entries are rare.
o    alteration of the priority of registered charges.

•    Other kinds of mortgages or financial charges on the property.
•    Easements to which the property is subject (but these may appear in part A of the register if they were contained in a deed that also contained easements benefiting the property).
•    Leases to which the property is subject (but not leases granted for 7 years or less (with certain rare exceptions).
•    Restrictive covenants affecting the property.
•    Notices of other matters burdening the property.

The above is not an exhaustive list of possible entries, but includes those most commonly encountered.

Most entries in the register start with a date. This is the date that the entry was made (in the case of the first entry in Part A of the register, it is also the date that the estate was first registered). Depending on the nature of the entry, this date may be important for establishing the priority of the interest it refers to.

The title plan is based on the “ordnance survey map” and shows the general boundaries of the property by means, usually, of a red line. It may also contain other references relating to entries in the register. Precise dimensions are not usually shown, and the “general boundary” does not indicate the boundary’s precise position. The title plan states the title number.

There is a procedure for registering “determined boundaries”, which will show the precise position of a boundary on the title plan. This is rarely used, but the property register (Part A of the register) will contain an entry referring to it if it has been done.

Entries in the register frequently refer to filed copies of documents, instead of including full details in the register. It is necessary to refer to these, and to the lease in the case of a leasehold title, to fully understand what is registered. Official copies of such documents can be obtained from the Land Registry as described in Part I of this fact sheet. It is possible to obtain in the same way official copies of other documents held by the registrar, including for example transfers and mortgages, but it is not normally necessary to do so.