1.    Are all legal rights in property capable of registration in your system? If not please state the legal rights or interests in land that must be investigated outside of the registration of title system i.e. those that could bind a bona fide purchaser for value without notice without registration?

Some legal rights may not be included in the registration, and some may be included in other registers.

The following unregistered interests will override first registration even though they are not included in the register—

a)  Leases granted for a term not exceeding seven years

b)  Leases under a social housing tenancy

c)  Interests of a person in actual occupation, except for an interest under a settlement under the Settled Land Act 1925

d)  A legal easement or profit a prendre

e)  A customary right

f)   A public right

g)  A local land charge

h)  An interest in any coal or coal mine and certain rights relating to mines and minerals

The following unregistered interests will override registered dispositions even though they are not included in the register:

a)   Leases granted for a term not exceeding seven years

b)  Leases under a social housing tenancy

c)   Interests of a person in actual occupation unless:

1. inquiry was made of the person before the disposition, and they failed to disclose their interest when they could reasonably have been expected to do so, or
2. it is an interest which belongs to a person whose occupation would not have been obvious on a reasonably careful inspection of the land at the time of the disposition, and the transferee/lessee/chargee does not have actual knowledge of it.
3. it is a lease that does not take effect in possession until after three months from its grant, and it has not taken effect in possession at the time of the disposition.
4. and interest under a settlement under the Settled Land Act 1925

d)  The interests a person in receipt of rents and profits since before 13 October 2003, unless enquiry was made of them before the disposition and they failed to disclose the right when they could reasonably have been expected to do so.

e)   A legal easement or profit a prendre, unless it is:

1. not within the actual knowledge of the transferee/lessee/chargee, and
2. would not have been obvious on a reasonably careful inspection of the land over which the easement or profit is exercisable.

The exception does not apply if the easement has been used in the year before the diposition.

f)   A customary right

g)  A public right

h)  A local land charge

i)   An interest in any coal or coal mine and certain rights relating to mines and minerals

In the case of local land charges, the conveyancer or applicant must make enquiry of the local authority, which is responsible for keeping the local land charges register. This covers such matters as planning permissions and conditions, compulsory purchase orders, and statutory charges to recover other costs incurred by a local authority.

In the case of coal, the conveyancer or applicant can make a search from The Coal Authority, part of the Department of Energy and Climate Change. For other mining searches, conveyancers use specialist search companies if the property is in an area which might be affected by mining activity in the past or present.

In a rural area it may be prudent to undertake a Commons Registration Search, which will reveal any entries in the Register of Common Land and the Register of Town and Village Greens, kept by local authorities.

If the seller or buyer/borrower is a company, it will be sensible to carry out a Company Search at Companies House, to ensure that the company is not in liquidation or receivership.

2.    To whom does responsibility for investigation of such rights apply?

With the conveyancer for the transferee/lessee/chargee.

3.    What protection if any is available to parties who are bound by property rights that are not capable of being recorded on the title registration system? (For example “hidden rights” such as certain easements that may run with land without a legal requirement for registration).

The transferee/lessee/chargee should inspect the land, and make enquiries of the seller. If the seller knows of such rights and does not reveal them, they may be liable for misrepresentation.

A mistake in an official local land charges search may entitle the searcher to compensation.

4.    Are the boundaries conclusive in the registration of title system? If not, are they guaranteed by another state agency/government department/authority?

See reply 14 in section «Why register» .

5.    How does an aggrieved party remedy any boundary error?

They can apply for alteration of the register, or the registrar can alter the register to –

  • Correct a mistake
  • Bring the register up to date
  • Give effect to any estate, right or interest excepted from the effect of registration, or
  • Remove a superfluous entry

If a boundary dispute goes to the independent adjudicator to HN Land Registry or to court for resolution, the adjudicator or the court may order the alteration of the register.