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First RegistrationVoluntary registration3When title may be registered
(1) This section applies to any unregistered legal estate which is an interest of any of the following kinds—
(a) an estate in land,
(b) a rentcharge,
(c) a franchise, and
(d) a profit a prendre in gross.
(2) Subject to the following provisions, a person may apply to the registrar to be registered as the proprietor of an unregistered legal estate to which this section applies if—
(a) the estate is vested in him, or
(b) he is entitled to require the estate to be vested in him.
(3) Subject to subsection (4), an application under subsection (2) in respect of a leasehold estate may only be made if the estate was granted for a term of which more than seven years are unexpired.
(4) In the case of an estate in land, subsection (3) does not apply if the right to possession under the lease is discontinuous.
(5) A person may not make an application under subsection (2)(a) in respect of a leasehold estate vested in him as a mortgagee where there is a subsisting right of redemption.
(6) A person may not make an application under subsection (2)(b) if his entitlement is as a person who has contracted to buy under a contract.
(7) If a person holds in the same right both—
(a) a lease in possession, and
(b) a lease to take effect in possession on, or within a month of, the end of the lease in possession,
then, to the extent that they relate to the same land, they are to be treated for the purposes of this section as creating one continuous term.
To be appointed: see s 136(2).
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