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.
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
Correspondence & Enquiries Team Leader
Direct line - 020 7166 4831
GTN 7 3504 4831
email [email address]
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?
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
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?
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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
The general information that we are able to provide is contained largely in our practice and public guides.
Im sorry but that doesnt really answer my question. As the Land Registry surely you know what constitutes 'legal owner' in law?
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.
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