4.2 Title to Land

Question 1

How does an owner prove ownership of unregistered title?

Answer 1

by the production of documentary evidence of title which goes back at least 15 years and shows an unbroken chain of ownership from
the root of title to the current seller

Question 2

The root of title is a document that

Answer 2

• is at least 15 years old at the date of the contract
• deals with the whole legal and equitable interest in the property
• contains an adequate description of the property, and
• does nothing to cast doubt on the title.

Question 3

Unregistered title is compulsory registrable when

Answer 3

a transaction which triggers first
registration takes place

Question 4

The whole of England and Wales became compulsorily registerable on

Answer 4

1 December 1990

Question 5

The main transactions which trigger first registration are

Answer 5

o a conveyance on sale of freehold land
o an assent - activates a gift to a beneficiary
o a deed of gift
o a grant of a lease for a term of more than 7 years, and
o an assignment on sale of a lease having an unexpired term exceeding 7 years

Question 6

HM Land Registry only registers

Answer 6

legal estates and is not concerned with the beneficial interest

Question 7

On registration, HM Land Registry investigates title and allocates a class of title dependent on the documentation produced. The most common classes of title are:

Answer 7

o absolute freehold title
o qualified title
o possessory title
o absolute leasehold title, and
o good leasehold title.

Question 8

The following types of estates can be substantively registered at HM Land Registry, meaning that they are registered with their own register and title number:

Answer 8

o freehold estate
o a new lease that has more than 7 years to run when it is created
o an existing lease which has more than 7 years unexpired residue when it is assigned
o rent charges
o franchises, and
o profits à prendre in gross.

Question 9

The Form A restriction on the proprietorship register denotes?

Answer 9

A behind-the-scenes beneficial interest, commonly that the beneficial interest is held by co-owners as tenants in common

Question 10

Overriding interests are?

Answer 10

a class of interest, created by the LRA 1925 and preserved by the
LRA 2002, which are capable of binding a buyer despite the fact they do not appear on the
register of title

Question 11

Name a common overriding interest

Answer 11

a person in actual occupation of the property who has rights to the property (for example due to the contribution to the purchase price).

Question 12

Terms that are related to unregistered title

Answer 12

“conveyance on sale” or “epitome of title.”

Question 13

If the title is registered, what terms will be used:

Answer 13

• “official copies”
• “property register”
• “proprietorship register”
• “charges register”
• “restriction”, or
• “title plan”.

Question 14

In the unregistered system, a seller produces a

Answer 14

epitome of title
which is a schedule of relevant documents starts from the roof of title

Question 15

In the registered system, the seller will produce

Answer 15

Their register of title to prove they own the land

Question 16

What is the meaning of ‘conveyance of sale?’

Answer 16

This transfers ownership from seller to buyer in exchange for
money (known as valuable consideration). It is the unregistered
equivalent of a transfer.

Question 17

Two main types of legislation that is to do with registered land

Answer 17

The LRA 1925 and LRA 2002

Question 18

When should an application to the HM Land Registry be made following a ‘trigger’ for first registration

Answer 18

within 2 months of the triggering event

Question 19

Name a few of the main transactions that trigger first registration

Answer 19

• a conveyance on sale of freehold land
• an assent
• a deed of gift
• the creation of a first legal mortgage over unregistered land
• a grant of a lease for a term of more than 7 years, and
• an assignment on sale of a lease having an unexpired term exceeding 7 years.

Question 20

Property Register - what is this?

Answer 20

Identifies a property by postal address, gives details such as if freehold or leasehold and gives details of the lease

Question 21

Proprietorship Register - what is this?

Answer 21

This specifies the class of title held and the name of the current holder(s) of the legal estate.
If there is a restriction affecting the title, it will appear here.

Question 22

Charges Register

Answer 22

contains details of what entries negatively affect the land. Covenants and mortgages will appear on the charges register

Question 23

Absolute freehold title

Answer 23

best class of title available and cannot be challenged.

Question 24

Possessory title

Answer 24

This is a class of title based on possession of the land rather than
documentary evidence. Can be upgraded to absolute freehold title if it can be shown that the possessory title has been held for 12 years

Question 25

Absolute leasehold title

Answer 25

The best form of title to registered leasehold land. This class of title is awarded when HM Land Registry has inspected all superior leasehold titles and the freehold title.

Question 26

Good leasehold title

Answer 26

This has the same effect as registration with absolute leasehold title except the guarantee does not extend to the freehold estate or any superior leasehold titles. It means that the freehold title has not been produced to HM Land Registry on application to register the lease. This class of title can be upgraded to absolute leasehold title if the freehold title is produced to HM Land Registry.

Question 27

The LRA 2002 provides which following estates can be registered:

Answer 27

* freehold estate * a new lease that has more than 7 years to run when it is created * an existing lease which has more than 7 years unexpired residue when it is assigned * rent charges * franchises, and * profits à prendre in gross.

Question 28

What does it mean to say an estate can be registered?

Answer 28

They have their own register and title number

Question 29

How do third-party rights on estate appear? On which platform?

Answer 29

Notices on the charges register or restrictions on an existing register of title

Question 30

How does a restriction appear on the register?

Answer 30

Proprietorship register as a Form A Restriction

Question 31

What is an 'overriding interest?'

Answer 31

- only relates to registered land - class of interests that do not appear on the register of title and yet are still capable of binding a buyer of the land. - class of interests that do not appear on the register of title

Question 32

Name the two most common overriding interests:

Answer 32

1. leases for 7 years or less 2. persons in actual occupation of the property that has the rights

Question 33

To have an overriding interest in the property, a non-owning occupier must have

Answer 33

be in occupation and have rights in the property Note also that a non-owning spouse or civil partner who has a right of occupation under the Family Law Act 1996 (the matrimonial home right) does not have an overriding interest.

Question 34

To have an overriding interest, an occupier must

Answer 34

1. acquire a beneficial interest in the estate by contributing to the purchase price 2. be in actual occupation of the property

Question 35

A lease of more than X years is registrable at the HM Land Registry

Answer 35

7 years

Question 36

good leasehold title

Answer 36

not good want an absolute leasehold title