Registrable disposition meaning

ARCHIVED: This Flowchart has been archived and is not maintained. Retained EU law is a concept introduced by the European Union (Withdrawal) Act 2018 (EU(W)A 2018) as part of Brexit preparations, establishing a new category of domestic legislation. It denotes the collection of EU‑derived rules preserved and converted into UK law under the EU(W)A 2018 (as amended) at the end of the post‑Brexit transition period (IP completion day). For background on the transition period, and what it means for retained EU law, see: In the context of Brexit, what is meant by the ‘transition or implementation period’? For further background reading on the underlying legislation, see: Practice Note: Brexit—key legislation explained News Analysis: What does IP completion day mean for the status of EU law in the UK? What is retained EU law? Retained EU law is a broad, complex legal term defined by the EU(W)A 2018. It covers anything that continues to form part of domestic law on or...

This Checklist outlines the steps for registering a transfer of registered land (freehold or leasehold), or granting a new lease carved out of a registered title at HM Land Registry, covering when to submit the application, the correct HM Land Registry form to complete, and the procedure when HM Land Registry issue any requisitions arising. Is the transfer or lease a registrable disposition?...

Original news Baker and another v Craggs [2016] EWHC 3250 (Ch) The proprietors of a parcel of land (servient land) first conveyed it to Mr Craggs, and later purported to bestow a right of way over it in the Bakers’ favour within a transfer to them of different land (dominant land). Registration of the servient land was materially delayed because the plan was defective, ultimately with the consequence that the right of way was entered on the register before the transfer to Mr Craggs was registered. The central question was whether the grant of the right of way was effective. In short, the timing of registration determined priority between the competing interests. What are the practical implications of this case? The court considered that the grant appeared to result from conveyancing slips. Nevertheless, had the transfer of the servient land been registered within the applicable priority period, the land would not have been burdened by the right of way. The delay arose from a plan error, which...

This Practice Note Sets out the legal position that applies where a party disposing of a land interest (the seller) is not recorded as proprietor at HM Land Registry and has either: already submitted an application to be entered as the proprietor; or not yet submitted such an application, but compulsory registration has nevertheless been triggered (whether by the transfer (or grant) to the seller, or by an earlier dealing). It also offers practical, procedural guidance on conducting due diligence for the acquiring party in these circumstances. The matters highlighted are of particular significance for any party acquiring a registrable interest in land, as they must ensure their interest can be registered at HM Land Registry without delay following completion (and, where relevant, within the applicable priority period). This Practice Note does not address investigating title to unregistered land—see instead the following Practice Notes: Deducing title to unregistered land—compulsory first registration, party to register, evidence of title, good root of...

Today, corporate openness is regarded as a vital pillar of any approach to reduce or eradicate corruption, tax evasion, terrorist funding and money laundering. The government has observed that offshore corporate vehicles used to mask the real owners of UK property have drawn those wishing to conceal illicit funds and cleanse the proceeds of crime. From 2004 to 2014, more than £180m of UK property was examined as suspected proceeds of corruption. Enhancing transparency over property ownership will ease the work of enforcement agencies and discourage criminals and the corrupt from opting for the UK to hide or launder their money. Registration of an overseas company opening an ‘establishment’ in the UK Note that an overseas company must be registered at Companies House if it opens an ‘establishment’ in the UK. An establishment is a branch within the meaning of the Eleventh Company Law Directive, or a place of business that is not such a branch. This registration duty arises from the Overseas Companies Regulations 2009. It is...