Land Law - Alteration of Register

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  • Created by: Saph
  • Created on: 23-04-13 17:34
What is an unregistered title to land?
Simply means the TITLE to the land itself, has not been registered. Therefore when buying and selling the land, its necessary to rely on an examination of the title deeds to the property and make other enquiries rather than relying on the register.
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So is there no system of registration?
No instead some rights must be registered as land charges but, as the actual title to the land isn't registered, they are registered against the name of the estate owner (i.e. legal estate,freehold,or leasehold)
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What makes Land charges binding?
A registered land charge is automatically binding on a purchaser: the fact the purchaser has no notice of it is irrelevant. Purchaser is expected to check the land charges register.
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What rights must be registered?
LCA 1925(s.2 of 1972) -Puisne Mortgage(the only legal interests that are registrable as land charges) , An estate contract(includes to buy fee simple and contracts for lease), restrictive covenant,equitable easement or profit(on after'26)
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What are the consequences of Non-registration?
S4. LCA 1972 - Land Charges of categories C(I) and F are void against the purchaser of any interests of the land. Land Charges in the other categories are only void against a purchaser for money or moneys worth.(s4 (6))
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What are rights not registrable as land charges?
A legal interest - binding on purchaser automatically. An equitable interest - if so, whether it is binding depends on whether the purchaser was a bona fide purchaser without notice.
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What is meant by by a 'bona fide purchaser for value without notice'?
Bona fide - In good faith. Purchaser for value - some value must be given and this includes money, moneys worth or marriage. Notice - Actual Knowledge
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What are the types of notice?
Actual notice. Constructive notice - (2 elements) 1. Purchaser is bound by matters which would be revealed by an examination of the deeds. 2.Bound by all matters which would be revealed by examination of land. Imputive Notice - knowledge agent has.
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Other cards in this set

Card 2

Front

So is there no system of registration?

Back

No instead some rights must be registered as land charges but, as the actual title to the land isn't registered, they are registered against the name of the estate owner (i.e. legal estate,freehold,or leasehold)

Card 3

Front

What makes Land charges binding?

Back

Preview of the front of card 3

Card 4

Front

What rights must be registered?

Back

Preview of the front of card 4

Card 5

Front

What are the consequences of Non-registration?

Back

Preview of the front of card 5
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