Failure to apply for first registration within two months (LRA 2002, ss.6 and 7)
On 2 March 2026 Ifeoma Chukwu completed her purchase of an unregistered freehold house in Shropshire from Gerald Watts, under a conveyance on sale. Her solicitor's firm overlooked the application for first registration. The mistake is discovered on 18 May 2026, and no order extending the registration period has been made.
Which of the following best describes the current position?
Choose one answer to see the reasoning.
Worked answer
Correct answer E: The conveyance is void as to the legal estate, which has reverted to Gerald on a bare trust for Ifeoma; if the registrar extends time for good reason, the reverter is treated as not having happened.
THE RULE TO REMEMBER
If first registration is not applied for within two months, the transfer is void as to the legal estate, which reverts to the transferor on a bare trust for the transferee.
Failure to apply for first registration within two months (LRA 2002, ss.6 and 7)
A conveyance on sale of an unregistered freehold triggers compulsory first registration under s.4 of the Land Registration Act 2002. Section 6(4) requires the transferee to apply within two months beginning with the date of the transfer, so Ifeoma's period ended on 1 May 2026. Under s.7(1), if the requirement is not complied with, the transfer becomes void as regards the transfer of the legal estate. For a transfer within s.4(1)(a), s.7(2)(a) provides that legal title reverts to the transferor, who holds it on a bare trust for the transferee. Gerald therefore holds the legal estate on trust for Ifeoma, who keeps the beneficial ownership. Under s.6(5) the registrar may, on application and for good reason, extend the period, and s.7(3) treats the reverter as never having happened. The firm should apply at once for an extension and registration, at its own cost.
Why A is wrong: Section 7(1) makes the transfer void as regards the legal estate; Ifeoma does not remain legal owner.
Why B is wrong: The transfer is void only as to the legal estate; Gerald holds it on a bare trust for Ifeoma, so her beneficial ownership survives.
Why C is wrong: Non-compliance has a direct effect on title under s.7: the legal estate reverts to the transferor.
Why D is wrong: The 'contract to grant' consequence in s.7(2)(b) applies to grants and creations under s.4(1)(c) to (g), not to a transfer of a freehold.
A little more practice done.
Related questions
Length of title an unregistered seller must deduce (LPA 1969, s.23)
Which of the following best describes the title Grace must deduce?
Deadline for the SDLT return and payment after completion (FA 2003, ss.76 and 86)
What must be done about SDLT, and by when?
Land Transaction Tax return for a purchase in Wales (LTTA 2017, s.44)
Which of the following best describes what must be done after completion to deal with tax on the purchase?
A GOOD HABIT, DELIVERED
Tomorrow's question.
In your inbox.
One free question a day, with the answer and reasoning.
No course pitches. Just your daily practice.