When is it possible to open a new land registry file?
Some land in England & Wales remains unregistered. We will open a new land registry file on first registration. We will also open a new file when a new title is created out of registered land, as a result of a sale of part of the land, or the grant of a lease of more than seven years, or a mortgage of part of the land in a title. If a court order is made in respect of registered land, it is recorded on the existing title for that land.
If a court order is made in respect of unregistered land, it must be recorded in the Land Charges Register as land charge. A new registered title is not opened. The Land Charges Register is not the same as the register of title. It is a register of matters that affect unregistered land, kept by reference to the name of the owner. The Land Charges register was a precursor to the Register of Title, and is also kept by the Chief Land Registrar. Once land is registered any land charges are noted in the register, so that the Land Charges Register becomes irrelevant.
(Sections 3, 4, 27 and 32, Land Registration Act 2002, rules 2 and 3 Land Registration Rules 2003)