The Importance of Keeping Addresses for Service Up to Date as Land and Charge Certificates are Abolished

Historically, little attention has been paid to keeping addresses for service up to date at the Land Registry because on any dealing a land or charge certificate must be produced and the landowner or lender has retained control over these documents.

All this will change on 13 October when the Land Registration Act 2002 comes into force. Under the Act land and charge certificates are abolished and will not need to be produced with an application to register a dealing with land. This important change, together with other changes in the law introduced by the Act, will mean that keeping addresses for service up to date at the Land Registry will be vital to ensure that interests are protected from cancellation by default. The following paragraphs highlight some important issues:

Squatters and adverse possession

From 13 October, a person who has been in adverse possession of land for at least 10 years can apply to the land registrar to be registered as the proprietor of the land in place of the landowner. The registrar is obliged to give written notice to the landowner as well as to any tenant or mortgagee. The notice will be sent to all addresses for service shown on the register. The time limit for objecting to the application is a mere 65 business days (broadly 3 months) and failing the receipt of any counter notice the applicant will be entitled to be registered as proprietor. There is no right of appeal in these circumstances.

Fixed Boundaries

From 13 October, as under the current law, most boundaries shown on Land Registry plans will remain "general" and will not be conclusive. However, under the new legislation, a landowner will be able to apply for the exact boundary line to be determined, by supplying evidence to establish that the boundary is in the position shown. Here again, the registrar is obliged to serve notice of the application on all adjoining owners, giving them only 20 business days to object to the application. If the registrar receives no objections he must then complete the application which may result in the owner of neighbouring land losing title to part of his land.

Notices

From 13 October, anyone may apply to register particular types of notice against the registered title to property, in order to protect their own interests. The application may be submitted without the landowner's consent. The applicant is not required to satisfy the registrar that his claim is valid and does not need to support his claim with...