Land Registry will today launch a formal consultation exercise to seek views on proposals for a new order to add two new “triggers” for compulsory registration of title and provide for the effect on non-compliance with the duty to apply for registration in relation to the first of those triggers. Copies of the consultation document have been placed in the Libraries of both Houses. Copies have also been placed in the Vote Office and Printed Paper Office. Copies are also available on the internet at:
http:/www.consultations.landregistry.gov.uk/inovem/consult.ti/system/listConsultations?type=0
Under the Land Registration Act 2002, when certain events affect an unregistered legal estate in land, the owner must apply to Land Registry for first registration of his title. Such events are often referred to as “triggers”.
The purpose of the proposed order is to add to those events already listed in section 4 of the Land Registration Act 2002 the following events as triggers for compulsory registration:
the appointment of a new trustee of land held in trust where the land vests in the new trustee by deed or other instrument in writing or by a vesting order of the court and
the partitioning of unregistered land held in trust amongst the beneficiaries of the trust.
The proposals are intended to help create a land register that is as comprehensive as possible and thus make transactions in land and property in England and Wales simpler and more efficient.
Subject to the outcome of the proposals, it is anticipated that the order would be made during 2008.