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Tenure |
The 2 main forms
of tenure in England & Wales are Freehold
and Leasehold. A freehold tenure is almost absolute
ownership (The Crown is the only absolute owner
of land in England and Wales).
A Leasehold tenure is ownership
of an interest in property for a fixed term
of years. This happens when a lease of freehold
land is granted (or, where a lease has already
been granted, a shorter lease of the leasehold
interest (a sub-lease or under-lease). When the
term of years expires the leasehold interest
reverts back to the superior owner (either the
superior landlord or the freeholder).
Common leasehold interests are granted for 99,
125 and 999 years. Shorter leases are granted
but these are usually for commercial properties.
When the freeholder of a large
building decides to convert the property into
2 or more flats he usually grants a leasehold
interest of the respective flats, which are then
registered with separate titles. |

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Index
Map |
This is large
scale map based on the Ordnance Survey and usually
of a scale of 1:1250 (1:2500 in country areas)
which shows whether a property in England and
Wales is registered and, if so, the Title Number.
The Index Map will also reveal whether there are
any ‘Cautions against First Registration' affecting
an unregistered property.
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Caution against
First Registration |
A Caution against
First Registration is a means of protecting a
person's interest in an unregistered property
and can be registered in respect of charging orders,
rentcharges and the like.
The Caution Title identifies
the Cautioner and provides details of his interest
in the property. The Caution is registered separately
and is given a title number. In addition to
a Caution Title register there is also a Title
Plan showing the extent of the property affected
by the Caution.
A caution is not an actual registration
of any estate in land. It is merely a means to
trigger notification to the person who lodged
the caution when an application for first registration
is made. In practice the solicitor acting for
the purchaser of a property will make a search
at HM Land Registry, which will reveal the existence
of the Caution. He will then ensure that the Cautioner's
interest is dealt with before proceeding with
the purchase. Thus the registration of a Caution
against First Registration is an effective way
of protecting an interest in an unregistered property.
As all property is now compulsorily registerable
following a purchase, the Caution is always seen
and must be dealt with for the purchase to proceed.
There can be many cautions registered
against the same property, each with their own
Caution Title. |

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Rentcharge |
A rentcharge is
an annual sum paid in perpetuity or for a term
of years, which gives the owner of the rentcharge
(the rentowner) certain rights if the sum is not
paid, eg to forfeit the property over which it
is registered.
Since 1977 only certain rentcharges
can be created. These are mainly estate rentcharges
created for the purpose of making a landowner's
personal covenants (e.g. maintenance of a boundary
fence) enforceable by the rentowner. All other
rentcharges created before this date will be extinguished
on 22 July 2037, if not already extinguished.
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Manorial
Title |
A manorial title, or lordship
of the manor, is an Incorporeal Hereditament.
The Land Registration Act 2002 which came into
force in October 2003 prevents the registration
of further lordship titles. Manor titles before
this are still recorded at the Land Registry and
copies of the registers are still available. They
are obtained by applying for a search of the Index
Map for Manors and Franchises for the administrative
county in which they are in. The Land Registry
respond by forwarding a list of the the registered
manors for that administrative county, together
with their title numbers. Once the title is known
a search can then be made for a copy of the register
in the same way as for a property register. |

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Registered
Old Deeds |
As a general rule
the Land Registry do not retain the deeds and
documents received by them when a purchaser applies
for registration of title, but copies the salient
parts thereof into the register. The deeds, then
being redundant, are returned to the person applying
for registration. If the Land Registry consider
it to be in the best interests of the owner of
the property to retain certain deeds, e.g. because
they make more sense when read as a complete document,
then they will retain the deed and make a note
on the register with words similar to "copied
into the certificate". This alerts a person
viewing the register to its existence, and a copy
can then be obtained by applying for a Registered
Old Deed search.
Examples of registered old deeds
are transfers, conveyances, agreements, deeds,
deed plans, abstracts, and licences. Often the
documents contain detailed plans and drawings
that often contain measurements, and are often
very useful where there is a boundary dispute.
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Abstract |
This term is usually
used to describe a legal document made by a conveyancer
after inspecting one or more deeds and marking
them as so inspected. The abstract summarises
the main parts of the deed or deeds and is as
authentic as though it were the original. |

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Official
Copies or Office Copies |
These are officially
stamped copies of the Register, Plan or Registered
Old Deeds and are admissible in evidence in court
proceedings |
| Day List |
When an application
is made for registration of an interest or a search
is made an entry is kept in the Day List pending
completion of the registration. Thus the Day List
is a list of pending applications such as is made
when registering a new purchase or of a search
made in contemplation of a new purchase. |

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Sasine
Registers |
The Registers of
Scotland maintain records of unregistered properties
as well as registered properties. Unregistered
properties are recorded in the Sasine Registers,
of which there are 3. The first relates to properties
recorded after 1993, the second to properties
recorded between 1954 and 1993 and the third to
properties recorded before 1954.
Sasine records are description
based, and can be more tricky to identify, particularly
if the property is an area of land such as a field,
where there is no postal address. |

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Burdens |
Registered titles
in Scotland contain detailed extracts of burdens
affecting the property, e.g. restrictive covenants. |

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Folio |
In Eire and Northern
Ireland the property register is referred to as
a Folio. The Folio contains details of the property's
title, description, tenure, ownership, covenants,
mortgages and charges etc. |