ABSTRACT

To describe a parcel of land as ‘unregistered’ means one thing only: that the title to the land (the freehold or leasehold estate) is established by old-fashioned title deeds and is not to be found in the register of titles governed by the Leasehold Reform Act 2002. ‘Interests’ in unregistered land are of the same type as interests in registered land. Legal interests in another person’s unregistered land, such as legal easements, legal mortgages and legal leaseholds are, in the main, automatically effective against the land over which they exist, even if they were granted by someone other than the landowner. A major part of the unregistered land system deals with the protection of equitable third-party interests in land. When a person wishes to purchase unregistered land, he or she will make a search of the land charges register to determine the existence of any registered land charges.