Glossary of Terms
We have compiled a list of common terms which are used in the Land Registry.
- Burden – An entry in respect of a right or liability to which the property is subject e.g. a right of way across the property or an annuity or charge payable out of the land. On new folios, i.e. those in 3 parts, they are entered on Part III.
- Certified Copy Folio – A copy of the land registry folio, certified by the PRA, which may be accepted as evidence of registration.
- Certified Copy Folio & Title Plan – A copy of the land registry folio, together with the land registry map of the property contained in that folio, certified by the PRA. This certified copy may be accepted as evidence of registration.
- Charge – A burden which renders the land liable as security for payment of a sum of money.
- Dealing – An application for registration in the Land Registry is known as a land registry dealing. Each dealing has a unique reference number.
- Discharge – A document used to apply for removal of a charge or burden from a folio.
- First Registration – The process by which property is first registered with the Land Registry, the title having been approved by the PRA. Prior to first registration the land is deemed to be “Unregistered Title” or has “Registry of Deeds Title”.
- Folio – Property registered in the Land Registry is registered in a document called a Land Registry Folio. Each folio has its own distinct number with the details of the registered property. Some older folios and all new folios are in 3 parts, comprising of Part I – Description of the Property, Part II – Ownership, Part III – Burdens.
- Form 17 – A covering form lodged with each application that sets out the registration sought, the documents lodged, the Solicitor’s name and address and fees.
- Freehold – When the tenure (title) of property has the capacity to last forever as distinct from leasehold which is for a fixed term of years. On new folios the letter F after the number designates freehold.
- Instrument – When an application for registration is completed, the registration documents are bound for filing in Land Registry Instruments. Each instrument bears the application number given when the application was first lodged.
- Joint Tenants – Owners who are registered at the same entry are joint tenants – when joint owner dies, the property passes to the other joint tenant(s) and does not form part of the deceased joint owner’s estate.
- Land Certificate – A Land Certificate is a photostat copy of the folio accompanied by a certificate that the ownership of the lands is as within stated. Note: No longer issued or re-issued since 1/1/2007and not required for registration purposes.
- Lease – A grant by a lessor to a lessee of possession of property for a fixed period of time subject to payment of a rent. Currently only leases for more than 21 years can be registered in the Land Registry.
- Leasehold – The interest created by a lease. Leasehold folios have an L after the folio number. Currently only leases for more than 21 years can be registered
- Ownership – Shown on Part II of the folio. It gives the name and address of the owner(s) and the date of registration as owner. The address must be within the state for the service of any notices on the owner.
- Plan Number – Each registered property will have one or more plan number which enables the identification of the property on the Land Registry map. The plan number appears as part of the property description at Part I of the folio and also appears on the plot(s) or plan(s) shown on the map for that folio.
- Priority – The order in which dealings are registered or burdens entered on a folio. For registered land, normally priority is governed by date of lodgement.
- Release – A document used to apply for removal of a charge or burden from a folio.
- Tenant in Common – A person who owns property with others where the owners have undivided possession but where there is no right of survivorship i.e. upon the death of a tenant in common their share in the property forms part of their estate and does not pass automatically to the other tenants in common. Each tenant in common is registered with a separate entry and the entry states the share held by that tenant in common.
- Transfer – The deed by which registered property is passed from one person to another. A deed of transfer must conform to the prescribed forms set out in the Land Registration Rules 2012.
- Transmission – The means by which a property normally passes from a deceased registered owner (via personal representative) to a person entitled to be registered – using prescribed Land Registration Rules Forms.
- Vesting Certificate – When a tenant or lessee buys out the ground rent of their property under the purchase scheme operated by the Land Registry, a vesting certificate issues from the Ground Rents section of the PRA. This certificate is proof that the person named in the certificate has acquired all superior interests and now holds the freehold.