Leasehold- Clause on Register

[BlunderBus01]

Could someone explain to me as simply and clearly as possible the meaning and effect of the clause below in the Register of Title. I am quite confused! Many thanks.

“There are excepted from the effect of registration all estates, rights, interests, powers and remedies arising upon, or by reason of, any dealing made in breach of the prohibition or restriction against dealings therewith inter vivos contained in the Lease.”

[themas]

I'm not surprised you're confused! I'm not a lawyer, but I'll have a bash. Perhaps someone more knowledgeable will put me right!

The last part says that there are prohibitions & restrictions contained in the lease, & that dealings with those prohibitions & restrictions "inter vivos" are not allowed. "Inter vivos" means between living persons & I fail to see the relevance of that phrase in this context - you are hardly likely to have dealings between or involving dead persons!

The first part says that if anyone does have dealings involving the prohibited or restricted matters they cannot be registered on the title. I assume this means that, as they cannot become part of the title, they cannot be enforced.

I'm afraid I cannot understand why this clause is there. If the lease contains prohibitons & restrictions then I would have thought it would not be possible to register any matter which breached them - whether this clause existed or not.

[Eve]

There will be a restriction in the lease eg you cannot transfer the lease to anyone else without the consent of a certain party.

This is the consent referred to and the LR are noting that they are making an exception of the above (estates, rights, interests, powers and remedies) which come about by or from any dealing (eg a transfer) which has not complied with the consent provisions.

Does that make sense?

[BlunderBus01]

So, if there is a Lease saying you can't sublet, this clause basically makes an exception to what the lease says and says 'yes you can'? Is this right?

[Eve]

No, it is pretty much a caveat on the register warning against things which are excepted from the registration if a lease has been transferred without complying with the restriction in the lease.

It refers to breach of a clause which depends on the clause itself eg no transferring whatsoever, no transfer without consent of a specified third party etc...

[Eve]

Some of LR's guidance here though it is written for people who have some knowledge of land registration practice...

http://www1.landregistry.gov.uk/imp_dev/icp2/