Legal value of LR Information
What is the legal value of land registry information delivered by your national system?
– Certified information. Is the LR information partly or completely certified? If partly, could you please describe what specific information is certified?
– Non certified information
Where a person makes an application for registration in the Land Register the certification given to them has a positive and negative limb. The positive limb is a certification that the land register is accurate in so far as it shows the effect of the registration in their favour. The negative limb is that the land register does not omit any information that it is required to include.
This is subject to a number of standard exceptions, namely:
– The land parcel is not encumbered by a public right of way
– The land parcel is not encumbered by a core path order (a key public right of way)
– The land parcel is not encumbered by certain types of servitude (a servitude is an accessory right that benefits one area of land and burdens another, for example, a right of access over neighbouring property).
– A pertinent of the land parcel shown on the register is not a valid type of pertinent
– The parcel includes valid title to mines or minerals
– A registered lease has not been varied or extinguished off register
– The parcel includes more land this is supported by the registration application
It is possible for some of these points to be certified if sufficient evidence is submitted.
Where an extract of a registered document is issued, it is certified to be a true copy of the original.
Where information is issued in writing as to the content of the register, it is certified to accurately reflect the content of the register.