Registered Land

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The Land Registration Act 1972 introduced three principles, which are:
Mirror, Curtain and Insurance
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Define Mirror Principle
the register of title should accurately and conclusively reflect the relevant interests affecting the land; these include ownership and third party rights affecting it. This requires all rights and interests to be entered into the RoT
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Define Curtain Principle
Details of trusts affecting the land are not entered on the register. These are regarded as private family matters, and providing certain formalitiles are complied with, equitable interests under a trust are always overreached.
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Define Insurance Principle
Accuracy of the register is guaranteed by the government. In the event of any inaccuracies, the register will be altered, and generally indemnity will be awarded to those affected if not their fault (s103 LRA 2002).
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The Four Categories of Rights In Registered Land
1. Estates and Interests Capable of Substantive Registration 2. Unregistered Interests Which Override Registered Dispositions 3. TP rights which need to be registered to be protected 4. Mortgage by registered charge
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Examples of Estates and Interests Capable of Substantive Registration
- Fee simple absolute in possession (freehold) - Legal Lease of more than seven years - Expressly created profits in gross whether or not the servient land is registered - Rentcharges
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Consequences of Unregistered Interests Which Override Registered Dispositions
- These bind any proprietor or purchaser irrespective of: whether they are registered or he knew or ought to have known.
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S3 LRA 2002
People can voluntarily apply to the registry to be registered and financial incentives do exist to encourage this
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What is held in S4 Land Registration Act 2002?
Compulsorily first registration requirements
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3 Grades of Freehold Title (** 9 and 10 LRA 2002 with consequences in ** 11 and 12)
1. Absolute Title 2. Possessory Title 3. Qualified Title
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4 Grades of Leasehold Title
1. Good Leasehold 2. Absolute Leasehold 3. Possessory Leasehold 4. Qualified Leasehold
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SS62-64 LRA 2002
Lists the four situations where the registrar may upgrade a title
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S58 LRA 2002
reinforces the conclusiveness of the register of title, whereby the entry of a person in the register as the proprietor of a legal estate results in the legal estate being “vested in him as a result of registration”.
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ss23 and 24 LRA 2002 - Dispositions of Registered Title
In principle the registered proprietor or a person who is entitled to be registered as the proprietor has unlimited powers of disposition of all kinds permitted by general law
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Limits on powers of disposition?
The owners powers are only restricted if an entry is made on the register to that effect, for example by a restriction (S26).
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Effect of Registered Dispositions
The effect of these provisions provides transparency and certainty for the purchaser who relies on the information entered into the register. Protection is given to the purchaser.
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S27(1)-(2) LRA 2002
(1) states the transfer does not operate at law until registered (2) Holds the list of register-able dispositons
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S6 LRA 2002
The duty to register generally falls on the transferee
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S7 LRA 2002 - Consequences of Failing to Register Title
1. Freeholds, leaseholds with +7 years, title to legal estate revert to transferor who holds on bare trust for transferee 2. grant of a lease, first legal mortgage - the effect is to treat it as a contract for valuable consider. to grant the interest
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Minor Interests are all proprietary rights which are not:
- Capable of substantive registration, with a separate title number - Overriding interests - Mortgages by registered charge
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Examples of Rights which are Minor Interests:
- Estate contracts, restrictive covenants, unpaid vendor’s leins, and home rights - Overreachable interests arising under a strict settlement, trust for sale and trust of land.
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S32 LRA 2002, S33 LRA 2002 and S40 LRA 2002
S32 - Notices, S33 Excluded Interests and S40 Restrictions
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S29(1), (2)(i)(a) LRA 2002 and S772(2)
The entry of a notice to protected a claim to a minor interest does not guarantee that the MI exists. The registered proprietor also can claim damages under S77(2) LRA 2002 if a person enters a notice without reasonable cause, and suffers a loss
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S36 LRA 2002
The registered proprietor can challenge the notice under S36 LRA 2002. The dispute, if not settled by negotiation, is referred to the land registry adjudicator
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Consequences of Notices: 1. S28(1) & Halifax v Curry 2008, 2. S29(1) LRA and 3. S29(2) LRA
1. Where no valuable consideration has been passed the donne takes subject to all interests pre-dating disposition 2. Notice hasn't been entered and interest is not binding 3. Notice has been entered and interest is binding
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Overreaching a Restriction - Case, Statute and Requirements
Flegg, SS 2 amd 27 LPA 1925 and paying money to at least two trustees
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Where a restriction is not entered on the register:
The purchaser still must pay purchase monies to two trustees in order to overreach the beneficial interest, however if he only pays to one, Sche 3 Para 2 requirements determine whether it will detach from the land and not bind the purchasor
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Define Overriding Interests
AN INTEREST WHICH BINDS THE PURCHASER OF A REGISTERED TITLE, WHETHER HE KNEW ABOUT IT OR NOT, DESPITE NOT BEING ENTERED ON THE REGISTER OF TITLE
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LRA 2002 Sch 1 and Sch 3
Sch 1 “Unregistered interests which override first registration” and Sch 3 “unregistered interests which override registered dispositions”.
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Schedule 1 Overriding Interests
Legal leases of
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Schedule 3 Para 1
Legal leases of
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Schedule 3 Para 2 - An interest binds a purchaser where (all three needed):
1. The interest is a proprietary one (L or E) 2. The interest existed at time of disposition 3. In actual occupation (if purchaser knew or would have known due to a reasonably careful inspection)
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Hodgson v Marks [1971]
It is not enough for the purchaser to make enquiry of the registered owner, it must be the actual holder of the interest. If the actual holder fails to disclose his interest is not enforceable (Sch 3 Para 2)
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Williams & Glyn's Bank v Boland [1981]
Interest in land + actual occupation = overriding interest (The essence of Boland is found in Sch 3 2(c)(ii)).
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Actual Occupation: Cann Requirements
Abbey National v Cann [1991]: Physical presence on the land, with some degree of permanence and continuity
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Actual Occupation: Chhokar v Chokkar [1984]
Temporary absence does not mean there is not actual occupation, as long as they show an intention to return: where the husband sold his house whilst his wife was in hospital having a child
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Schedule 3 Para 3 - Impliedly Created Legal Easements
ILE will bind a purchaser if: the person to whom disposition is made knows of interest, or ought to due to reasonably careful inspection or the interest is exercised in the year immediately preceding disposition
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S38 LRA 2002 and S32 LRA 2002
38 - registered interests bind purchasers and 32 - equitable easements and profits must be entered in order to be enforceable against a purchaser
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Other cards in this set

Card 2

Front

Define Mirror Principle

Back

the register of title should accurately and conclusively reflect the relevant interests affecting the land; these include ownership and third party rights affecting it. This requires all rights and interests to be entered into the RoT

Card 3

Front

Define Curtain Principle

Back

Preview of the front of card 3

Card 4

Front

Define Insurance Principle

Back

Preview of the front of card 4

Card 5

Front

The Four Categories of Rights In Registered Land

Back

Preview of the front of card 5
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