The Land Registration Act 2002 (“LRA 2002”), together with the Land Registration Rules 2003 (“LRA 2003”), changes the categories of leases that are now either compulsorily or voluntarily registrable, and also the leases that we can note on the Land Register.
Not every leasehold estate is capable of being registered with its own title, but the LRA 2002 substantially extends the scope of title registration, eg many more business leases are now subject to compulsory registration.
Section 4, LRA 2002 specifically sets out the circumstances when an application for first registration of a lease must be made. Some of the main triggers are listed as follows:
- New leases granted for a term of more than seven years out of unregistered land (s.4(1)(c), LRA 2002)
- New leases for a term of more than seven years out of a registered title (s.27(2)(b)(i), LRA 2002)
- Transfers or assignments of unregistered leases having more than seven years of the term unexpired (ss.4(1)(a), 4(1)(aa) – as introduced by the LRAAO 2008 – and 4(2)(b), LRA 2002)