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Access all documents on registrable estate or charge

registrable estate or charge meaning

What does registrable estate or charge mean?
In practice, “registrable estate or charge” refers to the land interest (for example, a freehold or a lease that must be registered) or the security (a legal charge/mortgage) that is capable of, and is being submitted for, entry on the land register—commonly in an application for first registration of title or charge. England and Wales: The concept is reflected in the Land Registration Act 2002 and rules. Registrable estates include freeholds, leases granted for a term of more than seven years, rentcharges, franchises and profits à prendre in gross. A registrable charge is a charge by way of legal mortgage, including one that can trigger compulsory first registration of previously unregistered land. Northern Ireland and Ireland: Usage is broadly consistent under their land registration regimes. Registrable estates generally include freehold and specified leasehold titles; registrable charges include legal charges/mortgages recorded on the register. Scotland: The terminology differs. The nearest equivalents are registrable real rights (such as ownership) and standard securities under the Land Registration etc. (Scotland) Act 2012; “estate” and “charge” are not the technical terms. Practical significance: Identifying a registrable estate or charge determines compulsory registration, application content to HM Land Registry/Registers of Scotland/Land Registry NI/PRA, and the creation, perfection and...
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View the related Practice Notes about registrable estate or charge

PRACTICE NOTES
Pre-completion searches for property transactions in England and Wales: registered and unregistered land, priority periods, adverse entries, bankruptcy and company checks

This Practice Note describes the searches to be completed ahead of completion (pre-completion searches), namely: official searches with priority land charges searches company and bankruptcy searches It sets out when each search is required, how to carry it out, the aim and effect of each search, the applicable priority period, and the steps to take if adverse entries are uncovered. It also points out that additional pre-completion searches may be necessary where a document is executed under a power of attorney. These searches are undertaken for the buyer, tenant or lender to verify that the title information obtained during due diligence remains correct at completion. If a lender is financing the acquisition and taking a charge over the property, it may perform some or all of the pre-completion searches itself, or insist on conditions precedent relating to the provision of pre-completion searches before allowing the buyer to drawdown funds for completion (see Practice Note: Real estate finance—conditions precedent and the mechanics of...

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