法律英语词汇“land registration”的翻译、意思、用法、释义-法律词典

land registration
The system of registering, at branch offices of the Land Registry, certain legal estates or interests in land. Under the Land Registration Act 1925 compulsory registration was to be introduced in a specified area by Order in Council: registration has now been extended to the whole of England and Wales, and over 95% of all titles to land and 88% of the land area in England and Wales are now registered. The Land Registration Act 1925 has been superseded by the Land Registration Act 2002 with effect from 13 October 2003. There is no obligation on existing owners to register, but most transactions in land, including sale, gift, legal mortgage, etc., now trigger registration by the new or existing owner. Failure to register when required means that the intended owner does not acquire the legal estate and therefore runs the risk that the vendor or landlord may sell to someone else who can acquire a better title by registration. Existing owners or tenants under a lease having at least seven years to run may register their titles if they wish.

Upon registration of a title the Land Registry allocates a title number. The owner of a registered estate is known as a registered proprietor. The entry on the register will consist of three parts, namely:

• the property register. This describes the land and any additional rights incidental to it, such as rights of way over adjoining land. The filed plan shows the location of the land, usually with a general indication of the position of the boundaries. Registration of precise boundaries is possible under a special procedure involving notice to adjoining owners and hearing their objections.

• the proprietorship register. This names the registered proprietor(s) of the land and notes any restriction on their powers to dispose of it (for example, restrictions, inhibitions, cautions, etc.). The register also states the nature of the title, which may be absolute, qualified, possessory (see lien), or good leasehold.

• the charges register. This details interests adverse to the proprietor, such as mortgages, restrictive covenants, or easements to which the land is subject.

When a prospective purchaser or mortgagee requires to know the exact state of the register, the Land Registry will issue official copies or a certificate of official search on application. A registered proprietor’s title is guaranteed by the state subject to overriding interests, which are not registrable in the charges register. The extent of the guarantee depends on the nature of the title. The register can be altered or rectified by the court in certain circumstances to correct a mistake; compensation is generally paid by the government to a party who suffers loss as a result.