Land Registry Legislation

The Central Registry sought views on a number of proposals relating to reforming the legislative framework for Land Registration. The consultation set out proposals for amendments to the law on adverse possession, triggers for Land Registration, dispute resolution and updates to the Land Registration Act.

47 responses were received.

There is strong support for amendment to the adverse possession law to protect the interests of registered owners.

Many respondents also expressed support for widening the triggers for first registration. However, support for those proposals was more mixed. It is likely that the practicalities of the increased triggers will require further consideration as to whether they are all appropriate to the Isle of Man’s circumstances.

There is support for considering how disputes are resolved in the Land Registry. It is likely that legislation to formalise resolution processes will be required.

Further information on the feedback received can be found in the consultation review report below.

The General Registry intends to bring forward the following changes in a Land Registry (Amendment) Bill.

Therefore, the Central Registry intends to bring forward the following changes in a Land Registration Amendment Bill:

• Amendment to the Law relating to Adverse Possession of registered land to reflect the law in England and Wales but retaining a 21 year qualification period. In addition, further consideration may be given to amendment to the Law in relation to all property
   
• The Land Registry proposes widening the triggers for first registration of property to add new triggers for deeds of gift, assents, new mortgages and remortgages. The Land Registry does not propose adding triggers in relation to agricultural subsidies and in relation to the freeholds of apartment buildings at this stage. In addition, the Land Registry proposes that a power to allow further triggers to be added via future secondary legislation is to be included
   
• Amending the dispute resolution procedure in the Land Registration Act and the Land Registry Rules with the intention to provide clarity and increased resolution options. This will be achieved by an update to the Land Registration Rules. It not our intention to introduce the power to provide a preliminary opinion but rather to allow dispute resolution solutions which avoid the need for costly hearings. It is our intention to provide legislation that costs in disputed Land Registry matters would generally be paid by each party unless there were exceptional circumstances and also limited
   
• Legislating for changes in co-ownership status will be introduced
   
• Introducing a requirement for deeds relating to registered land to be submitted promptly
   
• Amending the legislation relating to rectifications pursuant to the Land Registration Act.