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Practice guide 1: first registrations

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Practice guide 1: first registrations

3. Voluntary applications for first registration

3. Voluntary applications for first registration

Section 3 of the Land Registration Act 2002 applies to any unregistered legal estate that is an interest of:

  • a freehold or leasehold estate in land
  • a rentcharge
  • a franchise
  • a profit a prendre in gross

With 2 exceptions, a leasehold estate can only be registered voluntarily if more than 7 years of the term are unexpired (section 3(3) of the Land Registration Act 2002).

The exceptions are:

  • a lease under which possession is discontinuous (such as a timeshare lease) can be registered however short the term (section 3(4) of the Land Registration Act 2002)
  • where a lessee holds a lease in possession and has been granted another lease of the same land to take effect in possession within one month of the expiry of the first lease, the 2 leases are treated as creating a single continuous term for the purposes of section 3 of the Land Registration Act 2002. Both can be registered if the combined term exceeds 7 years (see section 3(7) of the Land Registration Act 2002)

A lease that is a relevant social housing tenancy cannot be registered voluntarily (see sections 3(4A) and 132(1) of the Land Registration Act 2002, as amended by section 157(2) of the Localism Act 2011).

3.1 Registration in advance of a dealing

Voluntary application for first registration may be particularly useful where a prospective purchaser or mortgagee may have doubts about accepting the title. This may happen where, for example, the title deeds have been lost or destroyed, or are for some reason unavailable to the estate owner. Although we may not grant an absolute title, the title may still be acceptable to purchasers and mortgagees, particularly if supported by a title indemnity insurance policy.

You must apply in form FR1 in the usual way (see Form of application).

For further information on applications where the title deeds have been lost or destroyed, see practice guide 2: first registration of title if deeds are lost or destroyed.

3.2 Registration of substantial holdings of unregistered land

Substantial land owners may well find it convenient to register their entire holdings.

If you require further information about applications affecting a number of properties, see practice guide 33: large scale applications and calculation of fees.

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