Annex 1 Definition of terms

ANNEX 1

DEFINITION OF TERMS

A guide to some of the terms used in this chapter:

Register of Title

A Register of Title is maintained by HM Land Registry for each parcel of land registered and is split into the property register, the proprietorship register and the charges register (see paragraphs 50.12 to 50.14).

Title Number

A unique reference number given to a piece of registered land.

Registered land

Land which has been registered and allocated a title number at HM Land Registry.

Registered charge

A legal charge (i.e. mortgage) over such land which has been substantively registered against the title number.

Land/charge certificate

s

The official document issued by the LR, prior to the commencement of the LRA2002, to the owner of registered land as evidence of ownership. It consists of a copy of the register and filed plan. If the property is mortgaged, LR issued a charge certificate to the lender instead after they have registered their mortgage on a property.

Land and charge certificates are no longer needed. All existing certificates lost their legal status on the commencement of the LRA2002.

Title Information Document Instead of a land or charge certificate, the LRR2003 provide for a Title Information Document to be issued giving the title number, property description and the name(s) of the registered proprietor(s).

Register of Pending Actions

The name based register maintained by the LCD in which the presentation of a bankruptcy petition is recorded against the individual’s name.

Bankruptcy Notice

The entry made on the proprietorship register or charges register (part of the Register of Title) to record the presentation of a bankruptcy petition against an individual who has a sole interest in the land or charge respectively.

Register of writs and orders affecting land

The name based register maintained by the LCD in which the making of a bankruptcy order is recorded against the individual’s name.

Bankruptcy restriction

The entry made on the proprietorship or charges register to record the making of a bankruptcy order against an individual who has a sole interest in the land or charge respectively.

Form A restriction

The entry on the proprietorship register against jointly owned property which indicates that a sole survivor of joint registered proprietors cannot (unlike a sole beneficial owner) give a valid receipt for purchase monies and that a further trustee of the trust for sale needs to be appointed so that the purchase monies are received by at least two proprietors.

Caution against first registration

The registration of a caution at LR, against a piece of solely owned unregistered land, which ensure that notice is given to the person requesting the entry of any subsequent application for first registration of the land with LR.

Form J restriction

The entry made in the proprietorship register as a warning to anybody having possible dealings with that property. A Form J restriction will warn any prospective purchaser of the official receiver’s interest. The Form J restriction will also warn other parties, e.g. a finance company thinking of providing funds secured by a charge on the property.