The Land Registry’s quest for total registration has moved on – at a slightly slower pace than might have been envisaged (or threatened) when the Land Registration Act 2002 was first introduced. The Land Registration Act 2002 (Amendment) Order 2008 will extend first registration triggers next April to include (a) the appointment of a new trustee of unregistered land held in trust where the land vests in the new trustee by deed or by a vesting order under section 44 of the Trustee Act 1925; and (b) the partitioning of unregistered land held in trust amongst the beneficiaries of the trust.
According to Land Registry figures published in 2007 (see LandNet 16), just under 40% of freehold land area in England and Wales is still unregistered – so there is still a long way to go. The introduction of a first registration trigger on the appointment of a new trustee will bring many private trustee holdings onto the register – unless before then land is, or is already, vested in trustees who are not likely to die, or otherwise need replacing.