While it is common knowledge in coveyancing circles that a lease of 21 years or less cannot be registered or noted under the Land Registration Act 1925, it is sometimes forgotten that the grant of such a lease by a registered proprietor nevertheless takes effect “as if it were a registered disposition”: see sections 19(2) and 22(2) (underleases). Thus, even though such a lessee cannot be described as a registered proprietor, he will take free from, and subject to, the same prior interests as someone who can be so described.
The importance of this point emerges very clearly from Leeman v Mohammed [2001] EWCA Civ 195; [2001] EGCS 11, and somewhat more dramatically from Oceanic Village Ltd v United Attractions Ltd [2000] 1 EGLR 148.
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While it is common knowledge in coveyancing circles that a lease of 21 years or less cannot be registered or noted under the Land Registration Act 1925, it is sometimes forgotten that the grant of such a lease by a registered proprietor nevertheless takes effect “as if it were a registered disposition”: see sections 19(2) and 22(2) (underleases). Thus, even though such a lessee cannot be described as a registered proprietor, he will take free from, and subject to, the same prior interests as someone who can be so described.
The importance of this point emerges very clearly from Leeman v Mohammed [2001] EWCA Civ 195; [2001] EGCS 11, and somewhat more dramatically from Oceanic Village Ltd v United Attractions Ltd [2000] 1 EGLR 148.
