header-logo header-logo

12 April 2024 / Tricia Hemans , Daniel Black
Issue: 8066 / Categories: Features , Procedure & practice , Property
printer mail-detail

Bridging the gap in property purchases

167828
The registration gap is a risky period in a property purchase. Tricia Hemans & Daniel Black explain how to avoid the pitfalls
  • Until a purchase has been registered, the buyer is not yet the legal owner of the property, even though they are the owner of the equity.
  • An equitable owner can exercise certain ‘owner’s powers’, but there are strict limitations as to what they can do with the property.
  • There are several steps a purchaser and their representatives can take to avoid problems during the registration gap.

The position of a purchaser during the registration gap can be a very precarious one indeed. Having exchanged contracts and executed a transfer, the purchaser is the equitable owner of the property. Yet until the transaction is completed by registration, they are not the owner at law (the Land Registration Act 2002 (LRA 2002), s 27(1)).

In the recent decision of the Upper Tribunal in R M Residential Ltd v Westacre Estates Ltd & Bellrise Designs Ltd [2024]

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll