Vesting Certificates (Ground Rents)

Vesting Certificates (Ground Rents) – Legal Office Notice No. 10 of 2011

Registration of Vesting Certificates previously dealt with by Examiners of Titles

Subject to changes in work flow practices, this Practice Note must be read in conjunction with the Practice Direction.

The following initial checks should be made:

  • Is the leasehold title, commencing with the Lease and a full chain of Assignments and/or Assents lodged, or alternatively, is the leasehold title registered. (Note: The title can skip, in the case of older leases, from the lease to an assignment on sale at least 15 years old. We would not generally be concerned if there was an unexplained gap between the lease and such assignment).
  • Does the property comprise Ordnance Survey detail or is it already on the Registry Map as a leasehold burden plan reference?

If either or both the above preliminary checks are answered in the negative, then the case should be referred for a direction to be obtained from an Examiner of Titles or for the application to be further processed in the Examiners’ Cross Functional Group.

Subject to the above, please proceed as follows:

Unregistered Leasehold title:

  • Subject as above, check that there is a complete chain of title and that last person(s) on title is/are the same as the person(s) named in the Vesting Certificate
  • Check searches lodged, in particular for mortgages and judgment mortgages. All acts should be explained.
  • If no searches are lodged, conduct in-house searches where the application is lodged by private applicant. If lodged by solicitor, request searches and explanation of acts appearing thereon.
  • Any subsisting mortgages should be registered on Freehold Folio.
  • Subject to mapping, cautions search and continuation Registry of Deeds and Judgments Office searches, case should be settled and completed.
  • Date of registration is date of settling.

Registered Leasehold title:

  • Check that registered owner is the same as appears on Vesting Certificate.
  • Any charge on Leasehold Folio is to be carried over to Freehold Folio.
  • Date of registration is date of settling.

Unregistered Freehold title:

  • Check Leasehold title as above, depending on whether it is registered or unregistered.
  • Subject to what is set out in at 5.1 of Practice Direction regarding consent Vesting Certificates, accept Vesting Certificate as a statutory vesting. (With regard to paragraph 5.1 of the Practice Direction, if the Vesting Certificate is over 20 years old, it can be taken that time has cured any defects and the application may proceed.)
  • If Leasehold is registered, search in Registry of Deeds from date of Vesting Certificate and Judgments Office for last 5 years against applicant(s). Otherwise, searches are as for unregistered Leasehold.
  • Subject to mapping, cautions search and continuation Registry of Deeds and Judgments Office searches, case should be settled and completed.
  • Date of registration is date of settling.

Registered Freehold title:

  • Proceed as set out above in regard to unregistered Leasehold title.
  • Search in Registry of Deeds and Judgments Office as appropriate for unregistered leasehold and proceed accordingly as set out above.
  • As Vesting Certificate is a transfer of registered land, date of registration is date of lodgement.

Post Vesting Certificate Disposition lodged simultaneously with Vesting Certificate:

  • If the application for registration is by a purchaser/successor of the holder of the Vesting Certificate, then notwithstanding that the documents lodged include the Vesting Certificate, such an application is for first registration where the freehold is unregistered and a transfer of part where the freehold is registered.
  • The fees chargeable are dependent on the application type. See Land Registration (Fees) Order 2012 for the fees prescribed for first registrations and transfers.


Fergus Hayden.

Chief Examiner of Titles.

20th September 2011

Updated 1 February 2013