HC Deb 02 February 1996 vol 270 cc951-2W
Mr. Gordon Prentice

To ask the Parliamentary Secretary, Lord Chancellor's Department, pursuant to his answer of 18 January, column674, if he will seek reasons from the Law Commission and Land Registry, beyond those which appear in the Law Commission's report, No. 235, as to why they did not feel able to recommend the extension of section 123 of the Land Registration Act 1925 to conveyances which do not accompany a transfer of the beneficial interest in the land. [12333]

Mr. Jonathan Evans

As referred to in my answer of 18 January, the recommendations made were informed by the responses to an earlier consultation document issued by the Land Registry. The consultation document was widely circulated and drew responses from a broad range of bodies and individuals, including local authorities, Government landowners, utilities, financial institutions, those requiring information about land, professionals advising those dealing with land and property, academic institutions and consumer bodies. The responses showed a consensus in favour of extending the application of section 123 of the Land Registration Act to other dispositions than those to which it currently applies.

However, objections were raised to its possible extension to conveyances not accompanying a transfer of the beneficial interest by a significant number of respondents, particularly having regard to the cost likely to be incurred in preparing such applications for registration. It was not considered appropriate to recommend, as a priority, the adoption of proposals which lack sufficient support from those who would be affected by them. Instead, the Government have accepted the recommendation that the issue is one which it would be appropriate to consider further after a period of five years.