Land Registry

Land Registry Legislation - Consultation responses

We asked

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.

You said

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.

We did

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

The Land Registry

The Land Registry is based in the same office as the Deeds and Probate Registries which form part of the Registries Section of the Central Registry.

The Land Registry is situated on the first floor of the Registries Building on Deemsters Walk, just off Bucks Road, next to the Courts of Justice in Douglas.

Public Hours

Monday to Thursday: 9am to 4.30pm
Friday: 9am to 4pm

Purpose

The Land Registry aims to create and maintain an accurate and up-to-date record of interests in land and property, including details of ownership.

The historic system of examining deeds recorded in the Deeds Registry under the Registration of Deeds Act 1961 in order to deduce the title or ownership of land is being replaced by a modern system requiring the registration of title to the land on a separate electronic title register created and maintained under the Land Registration Act 1982 (as amended) and the Land Registry Rules 2000 as amended by the Land Registry (Amendment) Rules 2002.

Land registration was phased in across the Isle of Man as successive parishes were designated as areas subject to compulsory registration:

1 May 2002: Andreas, Ballaugh, Bride and Jurby
1 May 2003: German, Lezayre, Maughold, Michael and Patrick
1 September 2005: The whole of the Island except for Braddan and Onchan
1 December 2009: Braddan and Onchan

Registration of title to a freehold or leasehold estate in land is compulsory on a conveyance on sale, the grant of a lease for more than 21 years or the assignment of a lease where there is more than 21 years left to run. Alternatively, title may be voluntarily registered at any time. All applications for first registration must include a certificate by an Advocate practising on the Island in the form included in Form 1 - Application for First Registration.

Once registered, the current details of a property will be found in the Land Registry. For records of unregistered property, please refer to the Deeds Registry.

Registration benefits

The benefits of land registration include:

Registration of title gives finality and certainty by providing an up-to-date official record of land ownership
Ease of accessibility to up-to-date official records of ownership and other registerable interests of land
Proof of ownership can be readily and speedily obtained, unlike searches of unregistered land where you may need to know the name of the owner
Registered titles are guaranteed because, subject to normal insurance principles, indemnity is paid should any person suffer loss through any error in, or omission from, the title register. No such guarantee exists for unregistered property
Each title includes an extract from the survey map called a Filed Plan showing the extent of the land comprised in the registered title, although the boundaries are not conclusive unless a formal application has been made to do so. These plans are based on digital surveys of the Island. In unregistered conveyancing, there is no requirement for any deed to include a plan
Dispositions of registered titles are effected by means of simple prescribed forms which are available to the public. In unregistered conveyancing, there are no prescribed forms

Electronic Applications

In February 2020 we began accepting applications for registration services by email to landapplications@gov.im in accordance with Practice Directive PD02/2020.

Priority Searches

Online applications for Priority searches of whole registered titles

Inspection Services

We have developed an online inspection tool to enable advocates and the conveyancing community to inspect an unofficial version of the title register remotely from their offices. This map tool may be found at Title Locator.

This enables users to obtain details of the title number in order to make an application for an official copy. This map effectively replaces the Public Counter Index Map service which has been withdrawn whilst our public counters are closed. We endeavour to update this map daily but it is not a live representation of the register and does not obviate the need for formal inspection and searches. A brief user guide has been prepared and is found in the Downloadable Documents section.

A number of search tools including tithe and asylum maps, the Woods Atlas and historic series maps may be found at www.gov.im/woodsatlas

Pre-1911 indices may be searched at www.gov.im/pre1911deeds and arrangements have been made to enable conveyancing professionals to obtain copies of these deeds while the Museum is closed.

Post-1911 deeds: Our scanned deeds and grants of probate may be searched and purchased via the Government online services page Deeds and Probate Registry. Unscanned deeds may be ordered through that site and will be dispatched electronically. Our staff may be contacted at land@registry.gov.im for assistance in searching the Grantor and Grantee indices which are held on our site. All deeds registered after 1982 have been indexed and can be searched only. Deeds registered from 1992 may be purchased directly through the online service. All grants of probate from 1940 are indexed. Guidance on searching is available on Deeds and Probate Registry.

On request to land@registry.gov.im staff will provide copy extracts of the title map and the base map. Office Copies may be applied for at the same account. There is no charge for these unofficial extract of the title map. Our usual fees apply to all other services.

Note on using Form e99. This form is configured to be electronically signed via MS Office. To use the form you must save and rename it BEFORE adding your signature. Adding a signature automatically saves the document which should not then be saved a further time. Once signed the document should be added as an attachment and emailed to landapplications@gov.im.