Irrespective of what buyers claim, it is only through the Register at the Land Registry Office that buyers can determine the true state of title to the land. All records are computerised and a computerised official copy of an entry on this Register can be sought. This register is divided into three different parts:
- The property register,
- The proprietorship register, and
- The charges register.
Each of these parts is explained clearly below. A Plan showing the physical extent of the property along with details of appropriate rights such as the routes of the right to easements affecting the land are also recorded and cross-referenced to the entries in the register, is attached to the title.
The Property Register
This register provides an explanation of the estate in the land. A brief explanation of the land along with other details (such as postal address) is provided. The title plan is used as a reference to show the physical extent of the land and explain the rights pertinent to the land (for instance, the right to use a pathway) and also make a record of obligations such as easements to which the land is subject. And in some cases, the register may also contain details of cross-references to superior or inferior titles. If the property is leasehold, a short description of the leasehold will also be given.
The title owner has a right to get his boundaries determined by the land Registry, but this is seldom done in practice. The boundaries given on the Plan are usually a general indication and may need unrelated evidences such as pre-registration deeds to prove the exact boundary positions if there is any dispute. This is one of the reasons, why people should keep their pre-registrations deeds safely even after the property is registered.
The Proprietorship Register
The class under which the title to the land is registered is shown here. It also contains information about the name(s) and address(es) of the registered proprietor(s). This address is used for all correspondence with the registered proprietor and hence it is important that you update this information, as and when required. Besides the primary address, the proprietor should provide up to three addresses for service of any notice. One of these addresses could be an email address.
If the property is held under a trust of land, this too is noted in the register. But, the register only makes a note of this and does not give any further details such as beneficiaries of the trust. Restrictions such as these are used to determine the powers of the registered proprietor when buying a land (for example, the register proprietor may be holding it as a trustee for another person).
This register shall also include details of any covenants given by the registered proprietor. This usually occurs when these proprietors have entered into an indemnity covenant with previous owners. Although it is common practice to make a note of the covenant, the Land Registry is not obligated to do so.
Since April1 2000, the price paid for the land is also recorded in the register.
The Charges Register
This register makes note of all easements and covenants binding the land. Such charges are referenced through the schedules that contain a synopsis of the documents that seek to impose the easements or covenants. Only covenants that retain their charge even after change of ownership are noted in the Charges Register. Personal covenants such as indemnity covenants are not registered here, and are instead noted in the Proprietor Register.
Photo courtesy: Peter Curbishley
