Land 5 - Enforcement of Interest reg. land

Question 1

What are triggering events?

Answer 1

Events that trigger registration for both unregistered & registered land
Unregistered: triggers registration for 1st time
Registered: must update register

Question 2

What triggering events are there?

Answer 2

• Transfer of freehold by sale, gift or court order
• An assent (pass by death)
• Grant of lease of 7 or more years
• Assignment of lease with 7+ years to run
• First legal mortgage with 7+ years to run
• Grant of lease to take place in 3+ months from date of grant

Question 3

What are registrable dispositions?

Answer 3

Along with their respective requirements, these estates/interests of land must be registered otherwise they won’t be legally recognised

Question 4

What registrable dispositions are there (legal interests)?

Answer 4

The following require registration to be legal interests:
- Transfer of a registered freehold/leasehold
- Grant of a lease of 7+ years
- Grant of a legal charge
- Express grant/reservation of a legal easement
- grant of LL right of entry (forfeiture).

Question 5

What is compulsory land registration?

Answer 5

When unregistered land is sold for the first time after 1st December 1990, the unregistered title must be registered

Question 6

What is the basic rule of priority for interests of land?

Answer 6

Interests of whatever kind take priority over later dispositions

Question 7

What is the exception to the basic rule of priority?

Answer 7

Where a transaction is for valuable consideration (i.e. not gifted or inherited), new owner is only bound by

• properly registered registrable dispositions (legal),
• interests protected by notice (equitable) and/or
• overriding interests (equitable and legal)

Basic rule, therefore, only applies to transactions not for valuable consideration

Question 8

What are 2 methods of protecting equitable interests and their definitions?

Answer 8

1. Notices: entering a notice on Charges Register of burdened land - binds subsequent purchasers
2. Restrictions: short-term entries that direct purchaser to do something specific to properly register purchase; don’t last beyond ownership e.g. short leases and beneficial interest in trust.

Question 9

What interests are protected by notice?

Answer 9

All equitable interests:
- Restrictive covenants
- Equitable easements
- Estate contracts
- Legal lease > 3 years but < 7 years (optional)
BUT NOT TRUST INTERESTS

Question 10

What interest is protected by a restriction?

Answer 10

Beneficial interests under a trust only

Question 11

What is the concept of overreaching?

Answer 11

• applies only to interests in land held by trust,
• a purchaser must pay money to at least 2 trustees to detach the beneficial interest.
• The interest applies to the money now, not the property, applies to both registered and unregistered land,

Question 12

What happens if a purchaser does not overreach a beneficial interest?

Answer 12

The interest will bind the purchaser as an overriding interest (as long as the beneficiary is in actual occupation of the land)

Question 13

What are overriding interests?

Answer 13

Interests which will bind a purchaser for value even though not registered

Question 14

What are 3 common overriding interests?

Answer 14

• Legal leases, 7 years or less
• Equitable interests by people in actual occupation
• Implied legal easements

Question 15

Which unregistered interests require actual occupation to be overriding?

Answer 15

• Estates interests
• trusts of land interests

Question 16

What are the requirements for an overriding interest for Equitable interests by people in actual occupation?

Answer 16

1. Interest in land
2. Actual occupation (not defeated by temporary absences) applies to estate interest and trust of land interests only

Question 17

What are the exceptions to requirement of actual occupation being sufficient for Equitable interests by people in actual occupation?

Answer 17

(a) An interest of a person that they failed to disclose
(b) A person in occupation
- not obvious &
- purchaser didn’t have actual knowledge of at the time

Question 18

A registered disposition made for valuable consideration takes precedence over what?

Answer 18

Any pre-existing right except:
- those protected on the register
- overriding interests

Question 19

What interest is a donee (recipient of a gift of land ) subject to?

Answer 19

• everything on the register
• any overriding interests
• any rights which should have been registered but weren’t

The latter is not included where consideration is given.

Question 20

When are implied legal easements binding as overriding interests?

Answer 20

• the new owner knew about it, or
• it was obvious, or
• exercised within 12 months