Office of Public Sector Information
Sections 29 and 30
1 A leasehold estate in land granted for a term not exceeding seven years from the date of the grant, except for—
(a) a lease the grant of which falls within section 4(1)(d), (e) or (f);
(b) a lease the grant of which constitutes a registrable disposition.
2 An interest belonging at the time of the disposition to a person in actual occupation, so far as relating to land of which he is in actual occupation, except for—
(a) an interest under a settlement under the Settled Land Act 1925 (c. 18);
(b) an interest of a person of whom inquiry was made before the disposition and who failed to disclose the right when he could reasonably have been expected to do so;
(c) an interest—
(i) which belongs to a person whose occupation would not have been obvious on a reasonably careful inspection of the land at the time of the disposition, and
(ii) of which the person to whom the disposition is made does not have actual knowledge at that time;
(d) a leasehold estate in land granted to take effect in possession after the end of the period of three months beginning with the date of the grant and which has not taken effect in possession at the time of the disposition.
3 (1) A legal easement or profit a prendre, except for an easement, or a profit a prendre which is not registered under the Commons Registration Act 1965 (c. 64), which at the time of the disposition—
(a) is not within the actual knowledge of the person to whom the disposition is made, and
(b) would not have been obvious on a reasonably careful inspection of the land over which the easement or profit is exercisable.
(2) The exception in sub-paragraph (1) does not apply if the person entitled to the easement or profit proves that it has been exercised in the period of one year ending with the day of the disposition.
4 A customary right.
5 A public right.
6 A local land charge.
7 An interest in any coal or coal mine, the rights attached to any such interest and the rights of any person under section 38, 49 or 51 of the Coal Industry Act 1994 (c. 21).
8 In the case of land to which title was registered before 1898, rights to mines and minerals (and incidental rights) created before 1898.
9 In the case of land to which title was registered between 1898 and 1925 inclusive, rights to mines and minerals (and incidental rights) created before the date of registration of the title.
10 A franchise.
11 A manorial right.
12 A right to rent which was reserved to the Crown on the granting of any freehold estate (whether or not the right is still vested in the Crown).
13 A non-statutory right in respect of an embankment or sea or river wall.
14 A right to payment in lieu of tithe.
Section 65
1 In this Schedule, references to rectification, in relation to alteration of the register, are to alteration which—
(a) involves the correction of a mistake, and
(b) prejudicially affects the title of a registered proprietor.
2 (1) The court may make an order for alteration of the register for the purpose of—
(a) correcting a mistake,
(b) bringing the register up to date, or
(c) giving effect to any estate, right or interest excepted from the effect of registration.
(2) An order under this paragraph has effect when served on the registrar to impose a duty on him to give effect to it.
3 (1) This paragraph applies to the power under paragraph 2, so far as relating to rectification.
(2) If alteration affects the title of the proprietor of a registered estate in land, no order may be made under paragraph 2 without the proprietor’s consent in relation to land in his possession unless—
(a) he has by fraud or lack of proper care caused or substantially contributed to the mistake, or
(b) it would for any other reason be unjust for the alteration not to be made.
(3) If in any proceedings the court has power to make an order under paragraph 2, it must do so, unless there are exceptional circumstances which justify its not doing so.
(4) In sub-paragraph (2), the reference to the title of the proprietor of a registered estate in land includes his title to any registered estate which subsists for the benefit of the estate in land.
4 Rules may—
(a) make provision about the circumstances in which there is a duty to exercise the power under paragraph 2, so far as not relating to rectification;
(b) make provision about the form of an order under paragraph 2;
(c) make provision about service of such an order.
5 The registrar may alter the register for the purpose of—
(a) correcting a mistake,
(b) bringing the register up to date,
(c) giving effect to any estate, right or interest excepted from the effect of registration, or
(d) removing a superfluous entry.
6 (1) This paragraph applies to the power under paragraph 5, so far as relating to rectification.
(2) No alteration affecting the title of the proprietor of a registered estate in land may be made under paragraph 5 without the proprietor’s consent in relation to land in his possession unless—
(a) he has by fraud or lack of proper care caused or substantially contributed to the mistake, or
(b) it would for any other reason be unjust for the alteration not to be made.
(3) If on an application for alteration under paragraph 5 the registrar has power to make the alteration, the application must be approved, unless there are exceptional circumstances which justify not making the alteration.
(4) In sub-paragraph (2), the reference to the title of the proprietor of a registered estate in land includes his title to any registered estate which subsists for the benefit of the estate in land.
7 Rules may—
(a) make provision about the circumstances in which there is a duty to exercise the power under paragraph 5, so far as not relating to rectification;
(b) make provision about how the register is to be altered in exercise of that power;
(c) make provision about applications for alteration under that paragraph, including provision requiring the making of such applications;
(d) make provision about procedure in relation to the exercise of that power, whether on application or otherwise.
8 The powers under this Schedule to alter the register, so far as relating to rectification, extend to changing for the future the priority of any interest affecting the registered estate or charge concerned.
9 (1) If the register is altered under this Schedule in a case not involving rectification, the registrar may pay such amount as he thinks fit in respect of any costs or expenses reasonably incurred by a person in connection with the alteration which have been incurred with the consent of the registrar.
(2) The registrar may make a payment under sub-paragraph (1) notwithstanding the absence of consent if—
(a) it appears to him—
(i) that the costs or expenses had to be incurred urgently, and
(ii) that it was not reasonably practicable to apply for his consent, or
(b) he has subsequently approved the incurring of the costs or expenses.
Land Registration Act 2002