Land Registration

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  • Created by: Hope
  • Created on: 05-05-16 11:15
When was land registration introduced?
1862
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Which statute introduced compulsory registration?
Land Registration Act 1925
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What was the name of the Law Commission document which reformed the registration system?
Land-registration for the 21st century: a conveyancing revolution
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Which statutes provide the statutory framework for registered land?
Land Registration Act 2002 and Land Registration Rules 2003
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What did Gray and Gray have to say about the LRA 2002?
the objective of the LRA 2002 is to "define with maximum certainty and accuracy, the consequences of dealings with estates which are registered with the Land Registry
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What are the aims of the LRA 2002?
Complete registration, efficient transfer of land, compensation for mistakes, restrict overriding interests, reform the law on adverse possession, e-conveyancing
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What is the status of the law now?
Land registration is on the law commission list for reform
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What can you ask the land registry for?
Details of owners, copies of title registers, mortgage details, value of land, flood risk, any easements, any covenants, any restrictions
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What are the basic principles of registration of title?
Mirror, Curtain, Insurance
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What does Martin Dixon say about these principles?
That they are the reality of the registration of title
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What is the mirror principle?
The register should reflect back an identical picture of ownership of title and proprietary interests in land
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What is the issue with the mirror principle?
Overriding interests
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What is the fundamental issue with overriding interests?
The purchaser is bound by overriding interests even though they don't and can't appear on the register
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What do Gray and Gray have to say about overriding interests?
Their existence fundamentally distorts the mirror image of the register
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What is the curtain principle?
The idea that certain equitable interests should be hidden behind the curtain, and only legal interests should be shown to the purchaser
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What is overreaching?
When a persons equitable right in the property becomes an equitable right in proceeds of the property
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What is the relevant provision?
s44 LRA 2002
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What is the indemnity principle?
If a title is duly registered it is guaranteed by the state
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What are the relevant provisions?
s58 & Schedule 8 LRA 2002
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Which statutory provision defines the scope of registration?
S2 - 10 LRA 2002
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Which provisions discuss registering dispositions?
s27 LRA 2002
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Which provision discusses the impact of registration?
s58 LRA 2002
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What are the three sections of the register?
Property, proprietorship and charges
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What does the property register include?
a short verbal description of the outlines of the land, and rights/interest and the freehold/leasehold - details of lease
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What does the proprietorship register include?
Class of title, information of owners, mortgage details, restrictions on owner's power to sell
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What does the charges register include?
Any third part interests burdening the land, like covenants
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What are the two types of registered estates that can exist in law?
Freehold and Leasehold (more than 7 years)
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How must mortgages be registered?
As a legal charge against the relevant title
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What are the relevant statutory provisions?
s 23 & 27 LRA 2002
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What is the statutory position for third party interests?
Part 4 LRA 2002
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What are the statutory provisions for notices?
s 32-38 LRA 2002
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What are restrictions?
They place limitations on the power of the registered proprietor to deal with the property
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What are the statutory positions for restrictions?
s40-46 LRS 2002
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What are the statutory provisions for overriding interests?
Schedules 1 &3 LRA 2002
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Are they binding?
they are binding on the purchaser without being registered
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What is the legal provision for overriding interests?
s70 (1) (g) LRA 2002
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what does Martin Dixon say about overriding interests?
They are an obstacle to achieving a conclusive register
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How do the Law Commission justify allowing overriding interests?
it would be unreasonable to expect someone to register it to secure enforcement, protection against buyers is needed
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What does the LRA say about overriding interests?
Wants to restrict them as much as possible
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How does the LRA restrict overriding interests?
reduction of list of interests which can override, separate provision for some, register overriding interests s71, some have ceased to have effect
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What are the principle sub-categories of overriding interests?
Short term leases (less than 7 years), interests of persons in actual occupation, legal easements and profits
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What are the 4 things to look for in an overriding interest?
Interest in Land, Actual occupation, "at the time of disposition", additional considerations under sch3 para 2
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Which case is the authority for overriding interests?
City of London BS v Flegg
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What is an example of a personal right not conferring an overriding interest?
National Provincial Bank v Ainsworth
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What is an example of an overriding interest working under the LRA?
Williams & Glyn's bank v Boland
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Does the 2002 act mention actual occupation?
No
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how should we approach actual occupation, and what is the authority for that?
Literal meaning and Hodgson v Marks
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Which case said physical presence is required?
Lord Wilberforce in Boland
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What were the rules from Abbey National Building Society v Cann?
The occupation should have some degree of permanency and shouldn't be fleeting, an agent in occupation could be potentially sufficient
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What was the rule in Link Lending v Bustard?
A woman was involuntarily detained, but all her furniture was there and she intended to return, this counted as actual occupation
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Are there any requirements of an agent in occupation? Authority?
It has to be in their personal capacity - Lloyd v Dugdale
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Which case is an example of supervisory visits?
Thomas v Clydesdale Bank
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Can long absences be sufficient for actual occupation?
No - Stockholm Finance v Garden Holdings - over a year
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Which case shows you have to be in actual occupation at the time of disposition?
Abbey National BS v Cann
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What are the schedules for alteration and indemnity?
Schedule 4 & 8
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Other cards in this set

Card 2

Front

Which statute introduced compulsory registration?

Back

Land Registration Act 1925

Card 3

Front

What was the name of the Law Commission document which reformed the registration system?

Back

Preview of the front of card 3

Card 4

Front

Which statutes provide the statutory framework for registered land?

Back

Preview of the front of card 4

Card 5

Front

What did Gray and Gray have to say about the LRA 2002?

Back

Preview of the front of card 5
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