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Land Referencing Standard

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Sections

8 Land rights

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8.1 General

The organisation shall identify and record the land rights relevant to each requirement.

Rights shall be classified by their substantive characteristics for the purposes of this document and shall also retain the name used in the applicable jurisdiction and source.

Classification under this clause does not determine legal validity, priority, value or enforceability.

Every right record shall include:

UID;

conceptual class and jurisdictional name;

burdened land and geographic extent;

stratum, where relevant;

start, end, term or perpetuity status, where known;

status and quality status;

title, instrument or other supporting evidence;

party-right relationships;

relationship to superior, inferior, dominant or associated rights;

relevant requirements; and

limitations, conflicts or findings.

8.2 Ownership rights

An ownership right is the residual right in land from which subordinate rights can be created and to which they can revert.

For each ownership right, the organisation shall record:

jurisdictional tenure or ownership type;

geographic and vertical extent;

all identified holders and joint-holding structure;

registration status;

evidencing titles and instruments; and

subordinate rights relevant to the requirement.

Where ownership is inferred or reputed, the status and basis shall be explicit.

8.3 Possessory rights

A possessory right gives exclusive or substantially exclusive possession for a period.

For each possessory right, the organisation shall record:

jurisdictional right type;

geographic and vertical extent;

identified holders;

superior right or grantor, where applicable;

commencement, term, expiry and renewal information, where relevant;

transferability or personal status, where relevant;

evidencing title or instrument;

place in any layered possessory structure; and

principal terms material to the requirement.

Actual occupation shall be recorded separately from the legal basis for possession where they differ.

8.4 Use, access and resource rights

A use, access or resource right permits entry, passage, use or removal of a resource or produce without exclusive possession.

For each such right, the organisation shall record:

jurisdictional right type;

burdened land and affected extent;

holder or holders;

purpose and permitted activities;

whether the right benefits dominant land, a person, an organisation or another right;

dominant land and associated rights, where applicable;

duration and exercise conditions;

transferability or personal status, where relevant;

supporting evidence; and

ancillary rights necessary for exercise, where identified.

Rights arising by implication, prescription, custom, statute or another non-documentary basis may be recorded, but their asserted basis and quality status shall be explicit.

8.5 Security rights

A security right secures payment or performance against land or a right in land.

For each security right, the organisation shall record:

jurisdictional right type;

secured ownership or possessory right;

holder or holders;

burdened extent;

priority information, where relevant and evidenced;

registration or instrument reference; and

release, discharge or expiry information, where available.

The underlying debt amount shall be recorded only where necessary for the requirement and lawful to process.

8.6 Payment rights

A payment right entitles a holder to a recurring or defined payment issuing from or secured against land but is not recorded as security for a separate obligation.

For each payment right, the organisation shall record:

jurisdictional right type;

burdened land and extent;

holder or holders;

payment basis, where relevant;

duration, review and termination provisions; and

evidence.

8.7 Contingent acquisition rights

A contingent acquisition right gives a holder a right or priority to acquire a defined right on exercise or occurrence of a condition.

For each such right, the organisation shall record:

jurisdictional right type;

burdened land and extent;

holder or holders;

right capable of acquisition;

trigger, exercise conditions or relevant event;

duration and expiry;

transferability, where relevant; and

evidence.

8.8 Benefits of restrictive obligations

The benefit of a restrictive obligation limits an act or use affecting burdened land.

For each such benefit, the organisation shall record:

jurisdictional right or obligation type;

burdened land and extent;

holder or benefitted land;

dominant land, where the benefit is appurtenant;

nature of the restriction;

duration, modification and release provisions, where known; and

evidence.

Positive obligations, public-law restrictions and planning controls shall not be classified under this clause unless the applicable profile expressly includes them and distinguishes their legal basis.

8.9 Associated and dependent rights

Where the exercise or value of one right depends on another right or land object, the dependency shall be recorded.

EXAMPLE: A lease supported by access rights; a subsurface right supported by surface access; a restrictive benefit attached to dominant land; or a right held only while a particular office is occupied.

The relationship shall state whether it is asserted, evidenced, implied or confirmed and shall identify the relevant source.

8.10 Joint holdings

Where more than one party holds the same right, a joint-holding record shall be created.

The record shall identify:

the right;

all party-right relationships forming the joint holding;

jurisdictional form of co-holding;

shares, where defined and relevant;

survivorship or succession characteristics, where relevant;

representative or service arrangements; and

evidence.

The joint-holding record shall not replace the separate identity record for each known party.

8.11 Special characteristics of rights

A special characteristic shall be recorded where it changes the inquiry, consent, acquisition, compensation, engagement, service or output requirements.

The record shall identify the characteristic, source, temporal validity, effect, linked right and applicable requirement.

EXAMPLE: Inalienability, statutory protection, charitable or trust status affecting disposal, a minimum holding period, a protected tenancy status or a requirement for third-party consent.

8.12 Apparent extinguishment, merger or inconsistency

Where evidence indicates that a right may have been extinguished, merged, abandoned, discharged or otherwise ceased, but a register or document continues to show it, the organisation shall record:

the right as shown by the source;

evidence suggesting cessation;

the apparent basis and date;

unresolved legal or factual questions;

quality status; and

treatment approved for the intended output.

The land referencing organisation shall not remove the right from controlled information solely because it appears obsolete.

8.13 Holdings

A land holding shall be created where it is necessary to aggregate the spatial extent of one ownership or possessory right for a defined requirement or output.

The holding record shall identify:

holder or joint holding;

underlying right;

component titles, instruments or right extents;

aggregated extent;

requirement and purpose for which the holding is defined;

temporal validity; and

derivation and quality status.

JURISDICTIONAL NOTE (informative)
The taxonomy in this clause is deliberately conceptual. Freehold, leasehold, commonhold, ownership, tenancy, licence, servitude, easement, wayleave, burden, real burden, mortgage, standard security, charge, rentcharge, option and covenant are examples of local terms that require mapping by the applicable jurisdictional profile. The same label can have different legal effects in different jurisdictions.

Contact

www.SoLR.org.uk

​hello@SoLR.org.uk

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Society of Land Referencers Limited

Registered in England and Wales

No. 13398081

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United Kingdom

NCVO Member
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