Registered Land - Statutes

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  • Created by: Edward
  • Created on: 01-03-16 09:14
LPA 1925, s 62
A conveyance of land is deemed to include, inter alia, fixtures unless specifically excluded
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LRA 2002, s 2
Lists rights capable of substantive reg’n: freehold and leasehold
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LRA 2002, s 33(a)
A beneficial interest is one of the 5 stipulated prop rights that cannot be protected by the entry of a notice
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LRA 2002, s 58
Insurance principle – state guarantee as to the accuracy of title as declared on the register
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LRA 2002, Sch 4
Rectification and alteration of any errors on the register are possible
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LRA 2002, s 27(2)(d)
Legal easements that have been expressly created need to be completed by reg’n
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LRA 2002, s 29(2)
Gen rule=if protected by a notice, the interest will bind a purchaser
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LRA 2002, s 29(1)
If it is not, then it will be void for non-reg’n against a new reg’d proprietor
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LRA 2002, ** 33((a)-(c))
A no of rights cannot be protected by a notice, e.g. leasehold cov’ts and leases which were granted for 3yrs or less
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LRA 2002, s 34(2)
Registrable interests must be protected by the agreed or unilateral entry of a notice in thecharges register
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LRA, s 23(1)(a)
Legal mortgages can only be made by legal charge
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LRA 2002, Sch 1 (3)
An implied legal easement cannot be completed by registration, but does potentially fall within its own class of overriding interest
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LRA 2002, s 4(1)(c)
A legal lease over 7yrs in duration must be substantively reg’d with its own title no
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LRA 2002, s 33(b)
A legal or equitable lease less than 3yrs cannot be protected by a notice
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LRA 2002, Sch 1 and Sch 3 para 2
If tenant is in actual occupation, it can fall within class of overrding interest that deals with act occ
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LRA 2002, s 10
Good leasehold title has no relevance to freehold
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LRA 2002, s 62
Permits the Land Registrar to upgrade title
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LRA 2002, s 11
In case of freehold land, the proprietor reg’d with ab title takes subj only to incumnrances and other entries on the register and overring interests – unless the contrary is stated on the register
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LRA 2002, s 6
Imposes duty to register on transferee of a relevant estate
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LRA 2002, S 7(2)(b)
Re a lease/mortgage, the disposition takes effect as a contract to create a lease/mortgage
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LRA 2002, s 7(2)(a)
If reg’n has NOT been applied within time frame, the transaction is void as to legal title and the existing reg’d proprietor will usually hold legal title on trust for the transferee
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LRA 2002, s 25
Allows for those interested in the land to lodge a caution against 1st reg’n (in certain circum’s)
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LRA 2002, S 3
Allows for voluntary 1st reg of title and encourages this by offering discounted fees
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LRA 2002, Sch 1
Interests which override reg’n – i.e. rights deemed suff’y important that they will automatically become binding when unregd title is converted into regd title
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LRA 2002, Sch 3, para 1
Legal leases for 7yrs or less
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LRA 2002, Sch 3, para 2
Interests of a person in actual occupation: NO protection where: failed to disclose rights (2(b)); where occ is not obv (2(c)(i)); where interest was NOT within actual knowledge of the dispone when the disposition occurred (2(c)(ii))
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LRA 2002, Sch 4, para 1
Rectification can occur where there is correction of a mistake which will prejud’y affect the title of the reg’d proprietor
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LRA 2002, Sch 4, para 2
Alteration occurs where there is no resulting prejudice to the regd proprietor
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LRA 2002, Sch 8, para 5
Indemnity will be denied where the loss arises because of the fraud or lack of care of claimant
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LRA 2002, Sch 8, para 2
If the claimant is only partly at fault, indemnity can be scaled down to reflect the deg of culpability
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LRA 2002, Sch 8, para 8
A 6yr limitation period in which to claim indemnity applies
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Other cards in this set

Card 2

Front

Lists rights capable of substantive reg’n: freehold and leasehold

Back

LRA 2002, s 2

Card 3

Front

A beneficial interest is one of the 5 stipulated prop rights that cannot be protected by the entry of a notice

Back

Preview of the back of card 3

Card 4

Front

Insurance principle – state guarantee as to the accuracy of title as declared on the register

Back

Preview of the back of card 4

Card 5

Front

Rectification and alteration of any errors on the register are possible

Back

Preview of the back of card 5
View more cards

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