HM Land Registry Definition

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GLOSSARY

What does HM Land Registry mean?

The repository for the Register of Title.

HM Land Registry is staffed by registrars who are responsible for making and updating the Registry of Title. HM Land Registry also discharges a judicial function, resolving disputes over title.

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Collective enfranchisement under LRHUDA 1993 (preparation and procedure) for tenants—checklist

Collective enfranchisement under LRHUDA 1993 (preparation and procedure) for tenants—checklist FORTHCOMING CHANGES: there are a number of proposed changes to the leasehold and enfranchisement landscape—for more information, see Practice Note: Property key future developments tracker. This Checklist sets out the considerations and steps to be taken by a tenant, and relevant timescales or deadlines for those steps, for qualifying tenants of long leases of flats to collectively acquire the freehold of the relevant premises containing the flats under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), including serving a section 13 notice of claim, considering the landlord’s section 21 counter-notice admitting or not admitting a claim and/or opposing the claim on the basis of intention to redevelop (or taking steps in the event of the landlord’s failure to serve a counter-notice), and deadlines for an application to the First-tier Tribunal (FTT) (or Leasehold Valuation Tribunal in Wales (LVT)) for determination of terms if they cannot be agreed and/or the County Court in the event that the contract...

Right to manage—procedure—checklist

Right to manage—procedure—checklist Premises • Do the premises consist of a self-contained building or part of a building, with or without appurtenant property? • Do they contain two or more flats held by qualifying tenants? • Do qualifying tenants hold at least two-thirds of the total number of flats contained in the premises? • Is any part of the premises occupied or intended to be occupied other than for residential purposes? If so, is no more than 25% of the internal floor area of the whole premises in non-residential use (the internal floor area of any common parts being disregarded)? • Are the premises ‘excepted’ from the right to manage? • Is there already an RTM company in relation to the premises or to any premises containing or contained in the premises? See Practice Notes: The right to manage, The right to manage blocks of flats—establishing the right and The right to manage—what are qualifying premises. Qualifying tenants • Do the participating tenants hold qualifying ‘long leases’? • Do qualifying...

Land charges under the Land Charges Act 1972—registration and purpose

The Land Charges Act 1972 (LCA 1972) provides for certain charges and incumbrances relating to unregistered land to be registered as land charges in the land charges register maintained by the Land Charges Department of HM Land Registry (based at its office in Plymouth). This is an entirely separate register to that for substantive title registration.Land charges protect the interests, in unregistered land, of third parties who do not hold the title deeds to the land and so cannot control when and how the land is disposed of.LCA 1972 also requires HM Land Registry, in addition to the register of land charges, to maintain the following registers:•pending land actions and pending actions in bankruptcy•writs and orders affecting land and writs and orders in bankruptcyThe registers of pending land actions and pending actions in bankruptcy and writs and orders affecting land and writs and orders in bankruptcy can be searched separately when a bankruptcy only search is required (for example, prior to completing a mortgage over land). See Practice Note: Carrying...

Insolvent estates and bankrupt beneficiaries

Insolvent estates and bankrupt beneficiaries Test of insolvency Section 421(4) of the Insolvency Act 1986 (IA 1986) provides a statutory test to establish whether an estate is insolvent: the estate of a deceased person is insolvent if, when all assets are realised, it will be insufficient to meet in full all the debts and other liabilities to which the estate is subject. An estate is not insolvent if debts and liabilities can be settled even if none of the legacies can be paid. In an insolvent estate, the beneficiaries will receive nothing and the debts and liabilities will not be paid in full, if at all. For example, Elizabeth’s estate contains just one bank account with a balance of £50,000. There is no IHT liability as the estate has the full basic nil rate band available and a funeral plan is in place to meet the funeral costs. The debts and liabilities of the estate amount to £12,000. By her Will, Elizabeth left £40,000 each to The Green Party...

Discover our 433 Practice Notes on HM Land Registry

Property warranties (short-form) in an asset purchase

Property warranties and definitions to include in a short-form asset purchase agreement 1 Definitions In this Agreement, unless the context otherwise requires: Encumbrance means any mortgage, claim, charge (fixed or floating), pledge, lien, hypothecation, guarantee, right of set-off, trust, assignment, right of first refusal, right of pre-emption, option, restriction or other encumbrance or any legal or equitable third party right or interest including any security interest of any kind or any type of preferential arrangement (or any like agreement or arrangement creating any of the same or having similar effect) and Encumbrances means more than one of them; Freehold Properties ...

Property due diligence report—share or asset purchase

Property due diligence report—share or asset purchase A. Executive summary 1 Scope of review For the purposes of this report we have reviewed the following properties [insert details of the properties], (the ‘Properties’). 2 Basis of the review 2.1 Information relating to the Properties for the purposes of conducting our due diligence exercise and preparing our report has been sourced from the following: 2.1.1 documents provided in the due diligence [data room OR files] as set out in the index in Schedule...

Dive into our 235 Precedents related to HM Land Registry

When acting for a lender who is taking security over a further education corporation's property, other than registering the charge with the Land Registry, does the security need to be registered with any other entity (such as Companies House)?

When acting for a lender who is taking security over a further education corporation's property, other than registering the charge with the Land Registry, does the security need to be registered with any other entity (such as Companies House)? Further education activities A corporation carrying out further education activities may take the following legal forms: • a statutory ‘further education corporation’ incorporated pursuant to sections 15 or 16 of the Further and Higher Education Act 1992 (FHEA 1992) or a sixth form college under FHEA 1992, s 17 (a ‘Further Education Corporation’) • a company conducting further education activities in England or Wales, registered under the Companies Act 2006 (CA 2006) A company under CA 2006 A charge created by a company which is registered at Companies House (however that company was formed or incorporated) must be perfected by registration at Companies House within 21 days after creation, failing which it will be void against a liquidator, administrator or creditor of the company—see CA 2006, s...

Can a unilateral notice be registered against a property owned by a party to financial remedy proceedings where that property is co-owned by a third party?

Can a unilateral notice be registered against a property owned by a party to financial remedy proceedings where that property is co-owned by a third party? Section 30 of the Family Law Act 1996 (FLA 1996) provides that where one spouse (or civil partner) has the right to occupy a dwelling house, the other spouse is entitled to register home rights, provided that the property has been the matrimonial home. Those home rights may be protected, in the case of a property held in the sole name of one spouse only, by way of a notice being registered with the Land Registry. If the title to the property is registered, then the application for the home rights notice should be made using Form HR1—Application for registration of a notice of home rights. If the property is unregistered, an application may be made to the Land Charges Department for the registration of a Class F land charge. A spouse may only protect their interest in one property at...

See the 708 Q&As about HM Land Registry

Private Client weekly highlights—17 October 2024

This week’s edition of Private Client highlights includes: (1) Morris v Morris, in which the court held that the forfeiture rule did not apply in the particular circumstances of the case; (2) HMRC updates form IHT435 and guidance on IHT100 suite of forms; (3) Cleave v Cleave, which considered the requirements for a proprietary estoppel claim when dealing with a trust of land; (4) Lime and Black v Mistry, where a de facto director was held liable for a company’s losses); (5) the Competition and Markets Authority new consumer law guidance for unregulated legal services, including will-writing and pre-paid probate services; and (6) Trustees of Panico Panayi Accumulation and Maintenance Settlements No 1 to 4 v HMRC, in which the Upper Tribunal applied conforming interpretation of exit tax legislation.

HMLR launches initiative to reduce requisitions

HM Land Registry (HMLR) has published information on its plan to reduce the number of requisitions sent to conveyancers, and HMLR’s consistency in sending them, after feedback found that this was a high priority for customers. A requisition is raised if HMLR is unable to complete a registration application because the required information is missing or incomplete. To reduce the number of requisitions sent, and the consistency of requisitions, HMLR is increasing caseworker capability through improved training and guidance, developing systems and policies to eliminate errors, and assisting customers in submitting complete and correct applications. HMLR has also developed a Training Hub for customers, Specialist Support Services, and online workshops to avoid requisitions.

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