3 - Registered and Unregistered Land

Question 1

What happened in 1990

Answer 1

All land became a compulsory registration area and must be registered upon a disposition of the land

Question 2

What happened in 1998

Answer 2

As well as sales, compulsory registration is triggered by gifts, assents by personal reps, court orders, and first legal mortgages of property. Must be reg within 2 months or becomes void.

Question 3

What are 6 advantages of the registered land system?

Answer 3

1 - no need to keep re-examining title deeds when dealing with land, saving costs
2 - easy to see complete record of interests in title
3 - accurate plans available
4 - easier conveyancing process as form-filling drafting is quicker
6 - record of proprietors
7 - mistakes are compensated as system is state-guaranteed

Question 4

What is the mirror principle?

Answer 4

The principle that a register should reflect a mirror image of the totality of the estates and interests existing over a plot of land at any given time (excluding overriding interests).

Question 5

What three types of interest in registered land appear on the register and what one doesn’t?

Answer 5

1 - registered estates / 2 - interests which are protected by entry on register / 3 - registered charges /
1 - overriding interests (not registerable but bind the world)

Question 6

What is the curtain principle?

Answer 6

It keeps certain interests off the register, screening purchasers from unneeded information. Purchasers are still protected against equitable interests they aren’t aware of through overreaching.

Question 7

What is the insurance principle?

Answer 7

That where a loss is suffered due to mistakes or errors of register, injured parties should be compensated as it is a state-guaranteed system. Land Registry will deal with this by rectification of register

Question 8

What is included in the property register?

Answer 8

Physical description of property by reference to title plan showing boundaries, if FH or LH, details of any beneficial interests such as easements.

Question 9

What is included in the charges register?

Answer 9

Details of incumbrances and charges, e.g. restrictive covenants or easements burdening the land.

Question 10

What is a included in the proprietorship register?

Answer 10

Details of the name and address of registered proprietor, the class of title, any restrictions limiting the terms on which the property can be disposed.

Question 11

What is absolute title?

Answer 11

The highest form of title. Fee simple absolute in possession. Buyer is bound only by registered and overriding interests

Question 12

What is absolute leasehold title?

Answer 12

Best form of leasehold title. Subject only to registered interests and overriding interests. A buyer of absolute leasehold title is bound by matters in the leasehold title, matters in the lease, matters in the freehold title and overriding interests

Question 13

What are the 5 substantively registerable interests under s2 LRA 2002?

Answer 13

1 - fee simple absolute in possession (FH)
2 - term of years absolute with 7+ years left to run
3 - rentcharges
4 - franchises
5 - profits a prendre in gross if in perpetuity with a term of 7+ years left

Question 14

What are interests which are overriding?

Answer 14

Third party interests which are not registerable but bind purchasers regardless of notice.

Question 15

What are the three overriding interests for already registered land, under Schedule 3 LRA 2002?

Answer 15

1 - short leases
2 - persons in actual occupation
3 - easements arising from implied grant or reservation or by prescription

Question 16

In what four circumstances will unregistered legal easements override registered dispositions?

Answer 16

1 - if it is obvious from reasonable inspection
2 - if it is known to the person to whom the disposition is made
3 - if it is exercised within a year before the disposition
4 - if it is registered under the Common Registration Act 1965

Question 17

What are the three interests which override first registrations, under Schedule 1 LRA 2002?

Answer 17

1 - short leases
2 - persons in actual occupation
3 - easements

Question 18

What easements override first registration?

Answer 18

All LEGAL easements. They must be equivalent to legal estate and created by deed, implication or prescription to be legal. Equitable easements cannot override first registration.

Question 19

What happens to legal easements created by deed during and after first registration?

Answer 19

They are revealed on first registration and then noted in the register. Once noted they are no longer overriding.

Question 20

Explain the principle in unregistered land that legal rights bind the world.

Answer 20

Legal rights are protected and a buyer will be bound by such rights even if they weren’t aware of them

Question 21

What is the doctrine of notice and how does it work?

Answer 21

A purchaser will be bound by equitable interests if they have purchased with actual notice, constructive notice (ought to have known) or imputed notice (solicitor or agent ought to have known). Applies to a limited number of equitable interests in unregistered land.

Question 22

What three legal rights are overriding in unregistered land?

Answer 22

1 - leases
2 - perpetual or fixed term easements
3 - mortgages