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Allodial Title
Claire Cox made this Freedom of Information request to Land Registry
The request was partially successful.
From: Claire Cox
12 June 2009
Dear Sir or Madam,
I understand that it is possible to create an Allodial Title in
England. Please highlight the process to do this, or can it simply
be declared and Registered accordingly.
Yours faithfully,
Claire Cox
From: Hookway, Adam
Land Registry
12 June 2009
Dear Claire Cox
Thank you for your enquiry.
An Allodial title is not a term with which I am particularly familiar but I understand that such titles are not possible in England & Wales, the area which we register.
The Internet provides a degree of information regarding these titles and it would appear that they relevant in the USA for example although the question of their relevance appears to be questioned.
If you are able to expand on what information led you to understand that it was possible to create such a title in England then I would be happy to make further enquiries
yours sincerely
Adam Hookway
Correspondence & Enquiries Team Leader
Customer Service
Head Office
Direct line - 020 7166 4831
GTN 7 3504 4831
email [email address]
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From: Claire Cox
12 June 2009
Dear Adam
Thank you for your response.
Allodial title describes a situation where real property (land,
buildings and fixtures) is owned free and clear of any
encumbrances, including liens, mortgages and tax obligations.
Allodial title is inalienable, in that it cannot be taken by any
operation of law for any reason whatsoever.
Why is such a title not possible in England and Wales please?
Yours sincerely,
Claire Cox
From: Hookway, Adam
Land Registry
12 June 2009
Dear Claire
Technically all land in England & Wales is owned by virtue of the fact that we have a Monarch. In law if there is no legal owner then it is the Crown that holds title.
You may wish to check the following information http://en.wikipedia.org/wiki/Allodial_ti... and whilst i appreciate that this is a "contributory website" it will give you a far wider understanding of this subject
regards
Adam
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From: Claire Cox
12 June 2009
Dear Adam
How is 'legal owner' defined in law please? How does one become a
legal owner as opposed to living on land that is 'technically'
owned by the Crown?
Yours sincerely,
Claire Cox
From: Hookway, Adam
Land Registry
12 June 2009
I am unable to personally deal with your email until Tuesday 16 June. My
emails will be monitored but if the matter is urgent then I would
recommend that you re-send the email to
[email address] OR ring 020 7166 4750 and speak
to a colleague in the Customer Service Team.
Land Registry's House Price Index is now live. www.landregistry.gov.uk
If you have received this e-mail and it was not intended for you, please
let us know, and then delete it. Please treat our communications in
confidence, as you would expect us to treat yours. Land Registry checks
all mail and attachments for known viruses, however, you are advised that
you open any attachments at your own risk.
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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.
From: Hookway, Adam
Land Registry
16 June 2009
Dear Claire
For legal definitions and understanding I would recommend that you refer to the Law of Property Act 1925 the underpinning legislation for land law in England & Wales.
Information on First Registration, the act of registering title to land/property can be found in our Practice Guide No 1. Other guides are available and these may also be of interest to you for example Nos 4 and 5.
The attached link will take you to a list of guides available via our website
http://www1.landregistry.gov.uk/publicat...
The general information that we are able to provide is contained largely in our practice and public guides.
regards
Adam Hookway
HO CST
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From: Claire Cox
16 June 2009
Dear Adam
Im sorry but that doesnt really answer my question. As the Land
Registry surely you know what constitutes 'legal owner' in law?
Yours sincerely,
Claire Cox
From: Hookway, Adam
Land Registry
16 June 2009
Dear Claire
Thank you for your further email enquiry.
Your original question was how is a legal owner defined in law as opposed to how does Land Registry define the term. Whilst that may appear pedantic we will not normally respond to such enquiries relating to land law in England & Wales as these are covered by the LPA 1925. I am sorry that I did not make this point in my earlier responses but I felt it better to at least try and point you in the right direction.
The Land Registration Act and Rules, which Land Registry works within, relates to how interests and rights created by the LPA 1925 are then dealt with as part of the policies and practices underpinning land registration.
That is why I have referred you to the LPA 1925 in an effort to enable you to source the answer to your questions. The LPA 1925 would be the best place to start when trying to understand land law in England & Wales.
From our perspective a legal owner in England & Wales is a person who can show legal title to the land/property, usually through registration of that ownership on the Land Register. Legal ownership contrasts for example with beneficial ownership whereby the person shown on the land register as the registered proprietor, and deemed to therefore be the legal owner, may in fact merely being holding the title for example in trust.
regards
Adam Hookway
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