First registration: gift of unregistered land not registered within two months (LRA 2002 ss.4, 6, 7)
In February 2026 Ifeoma, who owns an unregistered freehold house in Norwich, England, transferred it to her son Chidi as a gift by a deed of gift. Chidi did not apply to HM Land Registry for registration, and no application was made to extend the period for registration. In June 2026 Chidi asks his solicitor where the legal title now lies.
Which of the following best describes the position?
Choose one answer to see the reasoning.
Worked answer
Correct answer B: The transfer has become void as regards the legal estate, which has reverted to Ifeoma, who holds it on a bare trust for Chidi.
THE RULE TO REMEMBER
A transfer of unregistered freehold land, including a gift, must be registered within two months; otherwise the legal estate reverts to the transferor on a bare trust for the transferee.
First registration: gift of unregistered land not registered within two months (LRA 2002 ss.4, 6, 7)
Under s.4(1)(a)(i) of the Land Registration Act 2002, the requirement of registration applies on a transfer of a qualifying estate, including an unregistered freehold, "for valuable or other consideration, by way of gift" or under a court order. Section 6 requires the transferee to apply for registration within the period for registration, which s.6(4) sets at two months from the transfer unless the registrar extends it. Chidi made no application, so s.7(1) applies: the transfer becomes void as regards the transfer of a legal estate. Section 7(2)(a) provides that, in a case within s.4(1)(a), the title to the legal estate reverts to the transferor, who holds it on a bare trust for the transferee. Ifeoma therefore holds the legal estate on bare trust for Chidi, who keeps the whole beneficial interest. The legal title can be put right only by a fresh transfer followed by registration within time.
Why A is wrong: After the two-month period the transfer is void as regards the legal estate, so Chidi no longer holds it.
Why C is wrong: Section 4(1)(a)(i) expressly includes transfers by way of gift.
Why D is wrong: Section 7(2)(a) preserves Chidi's position: Ifeoma holds the legal estate on a bare trust for him, not as absolute owner.
Why E is wrong: The period for registration is two months, not three, under s.6(4).
A little more practice done.
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