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LRA 2002 – amend your documents! |
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Although a year has passed since LRA 2002 came into force, it is surprising still to come across conveyancing documents that have not been updated to reflect the changes brought about by the 2002 Act.
Remember:
- LRA 1925 and Land Registration Rules 1925 have both been replaced by LRA
2002 and LRR 2003; in particular there should never be a reference to s110
LRA 1925; that section has been repealed and there is no equivalent in the
2002 Act;
- filed plans and office copies no longer exist; instead we have the title
plan and official copies. Likewise, land and charge certificates have been
abolished so make sure there is no reference to them. However, the official
title of the Land Registry is the same (it is still Her Majesty's Land Registry,
although the LR now prefers to call itself simply the Land Registry);
- amend references to the registration of restrictions (you now have to use
one of the standard forms) and also cautions against dealings (no new cautions
can be lodged).
There should no longer be any reference to overriding interests (ie s70 LRA 1925) ‘interests which override’ are listed in Sched 1 and Sched 2 LRA 2002.
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December 2004 |