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Land Law > Land Registration > Flashcards

Land Registration Flashcards

1
Q

Three Registers in the Land Registration Act 1925

A

Property, Proprietorship, Charges

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2
Q

Principles of Land Registration System

A

Mirror, Curtain and Insurance

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3
Q

s3 LRA 2002

A

Voluntary registration of title: freehold and leasehold estates with over 7 years left to run or which are discontinuous

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4
Q

s4 LRA 2002

A

Compulsory registration of title: transfers of unregistered freehold estates and leasehold estates with more than 7 years left to run, creation of first legal mortgages (charges), leases granted out of unregistered estates which are for terms of more than 7 years or which start more than 3 months into the future.

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5
Q

s6 LRA 2002

A

Duty to register within 2 months of completion

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6
Q

s7 LRA 2002

A

Consequences of failure to register - the legal title reverts.

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7
Q

s27(2)

A

Dispositions which are required to be registered.
Transfers of registered freehold or leasehold estates, grants of legal charges, creation of legal easements, leases granted out of registered estates for terms of more than 7 years or which start more than 3 months into the future or are discontinuous.

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8
Q

s27(1)

A

Legal title does not pass if failure to register

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9
Q

s33

A

Some interests are not permitted to be registered as notices - the interests of beneficiaries under trusts of land and legal leases of three years or less

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10
Q

s38

A

Certain notices are automatically entered onto the register and others are voluntarily entered.

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11
Q

ss40-44

A

Restrictions prevent the registration of further dispositions unless the conditions of the restriction are met.

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12
Q

Notification restriction

A

Beneficiaries are informed when overreaching is occuring

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13
Q

s42(2) and 43(1)(b) Dealings restriction

A

Used to prevent the registration of any dealings in the land without the restriction holders consent, but the owners consent will usually be required to allow this kind of restriction to be registered.

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14
Q

City permanent building society v Miller

A

Only legal leases are overriding not equitable.

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15
Q

13 October 2003

A

After this date legal leases granted for a term of 7 years or less are overriding interests (unless they must otherwise be registered under s4 or s27(2)). If over 7 years they should be registered and would therefore only be equitable

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16
Q

Schedule 3(3)

A

Legal easements and legal profits a prendre which do not need to be registered under 27(2)(d) are capable of being overriding interests.

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17
Q

Only legal easements that comply with one of the following are overriding……

A

Actual knowledge, would have been obvious under r. careful inspection or which would have been exercised in the past year

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18
Q

Interests of persons in actual occupation are overriding provided……

A

There is an interest, the actual occupation would have been obvious or it would not have been but the dispose has actual knowledge and the interest holder disclosed their interest if inquiry was made of them unless disclosure could not reasonably have been expected in the circumstances.

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19
Q

Strand Securities v Caswell

A

Rights such as a license do not constitute an overriding interest. Occasional presence is not suffice. (Tenant let his step daughter live in the flat free of rent therefore no proprietary interest)

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20
Q

Williams & Glyns Bank v Boland

A

“Sufficient Physical Presence”

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21
Q

Lloyds Bank v Rosset

A

Contributing to the running of a house does not provide an interest, residents actually living there do not need to prove actual occupation

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22
Q

Malory Enterprises v Cheshire Homes

A

Whenever there is an error in the register, although the legal title may be transferred, the owner of legal title holds it on trust for the true owner. There must be some degree of permanence and continuity

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23
Q

Thomas v Clydesdale Bank plc

A

Look at intention and nature, Mrs had intention to return. Regular attendance can equal actual occupation.

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24
Q

Abbey National Building Society v Cann

A

Acts of moving in alone are not sufficient for Actual Occupation. Caretakers/representatives are capable of occupying on behalf

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25
Q

Hypo-Mortgage Services Ltd v Robinson

A

Minors cannot have actual occupation.

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26
Q

Thompson v Foy

A

Actual occupation must be present at the stage 4 registration and stage 5 completion in order to be binding.

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27
Q

Chhokar v Chhokar

A

Attending hospital does not negate fact or discovery.

28
Q

City of London Building Society v Flegg

A

Interests of beneficiaries who have an overriding interest by virtue of their actual occupation can still be overreached

29
Q

s28 Basic Priority Rule

A

Applies to all dispositions, any registrable or overriding interest prior to the disposition will be binding regardless of whether the disposition or interest are registered.

30
Q

s29 Special Priority Rule

A

Only applies to registrable dispositions which are made for valuable consideration and are actually registered.

If this is met the disponee will be bound by any overriding interests s29(a)(ii) and any registrable minor interests s29(a)(i) but not by any that remain unregistered at the time the disposition in question is registered. 29(1)

31
Q

s72

A

Priority search

32
Q

Mirror principle

A

Rights and interests of concern to a purchaser will be reflected in the register - beware of overriding

33
Q

Curtain principle

A

Rights and interests not of concern to a purchaser will be hidden from view (i.e ones which can be overreached!)

34
Q

Insurance principle

A

Compensation paid to anyone who suffers if the register is inaccurate.

35
Q

Property register

A

Class of title, freehold/leasehold, property address, benefits of rights (easements)

36
Q

Proprietorship register

A

Name of the registered proprietor, restrictions

37
Q

Charges register

A

Burden of rights (mortgages, restrictive covenants, easements), notices

38
Q

1998 Consultative Document

A

Replace the old badly drafted LRA 1925 and introduce new principles to reflect the land registration system and e conveyancing

39
Q

2001 Conveyancing Revolution

A

Most dispositions only effective when registered, title as a computer based record rather than paper deeds.

40
Q

s27(2)

A

Registrable dispositions. Registered freehold estate, registered leasehold estate, legal charge, creation of legal easements over a registered estate, grant of a lease out of a registered estate for a term of more than 7 years, lease out of a registered estate for 7 years or less but which will not take effect until more than 3 months.

41
Q

s32-35

A

Notices. If an interest is registered as a notice it will be binding on a disponee who has provided valuable consideration 32(3). They may issue an agreed notice or a unilateral notice. ss34-35

42
Q

s33

A

A beneficial interest under a trust of land cannot be registered as a notice. However can be protected by registering a restriction.

43
Q

s1(3) LPA

A

Notices entered voluntarily.
Estate contracts, restrictive covenants burden, equitable easements burden, equitable leases, leases between 3 and 7 years, spousal rights of occupation.

44
Q

42(1)(b)/43(1)(c)

A

An interested party or the Land Registrar may enter a “must pay to two trustees restriction on the register”

45
Q

Minor interests (under LRA 1925) generally only bind third parties if (two options)…

A

They are registered as notices in the charges register OR in some cases a restriction in the proprietorship register

46
Q

What tends to be registered as notices in the charges register?

A

Equitable leases, easements, mortgages, rights of entry and restrictive covenants. Cannot be substantively registered as not under s27 but need to be on the register so purchasers are aware of their presence

47
Q

What third parties are bound by notices?

A

Those who have provided valuable consideration

48
Q

Two types of notice

A

Either “agreed notice” where the owner of the land and beneficial holder agree on the interest. Or “unilateral notice” where the owner does not agree but the benefit holder wants to register their interest

49
Q

What interests cannot be registered as notices?

A
  1. Beneficiaries under trusts of land (but they can use a restriction) or 2. Legal leases of 3 years or less, over 7 has to be registered in their own right, 3-7 can choose to register or not.
50
Q

Restrictions

A

Do not make an interest binding but prevents registration of a disposition without the consent of the interest holder, acts as a warning to the purchaser

51
Q

Pay to two trustees

A

Supposed to be the curtain principle in action as the interests of beneficiaries are therefore irrelevant and cannot bind. The beneficiary will lose out unless they register a restriction

52
Q

LRA 1925 s70(1)

A

First introduced that overriding interests bind everyone even without registration, restricted by the LRA 2002

53
Q

Section 27(2)(d)

A

Easements and profits that do not need to be registered under s27(2)(d) are capable of being overriding

54
Q

Section 42(2) and 43(1)(b)

A

owners consent is usually required to allow a dealings restriction

55
Q

Easements capable of being overriding interests (one of the following)

A
  1. Actual knowledge of the disponee
  2. Would have been obvious upon a reasonably careful inspection
  3. Exercised in the past year
56
Q

Overriding interests provided

A
  1. There is an interest AND
  2. Actual occupation would have been obvious upon a reasonably careful inspection of the land OR
  3. Would not be obvious but the ‘disponee’ had actual knowledge
  4. Interest holder disclosed their interest if inquiry was made of them, unless disclosure could not reasonably have been expected in the circumstances
57
Q

National Provincial Bank v Ainsworth

A

Only (generally) proprietary interests are capable of being overriding

58
Q

Kingsnorth Finance Co v Tizard

A

The surveyor did not make appropriate inquiries

59
Q

“Dual Status Rights”

A

Those in actual occupation have dual status rights as registrable minor interests that are not binding on a disponee as they have not been registered may become binding due to overriding interests by virtue of actual occupation (e.g an unregistered lease granted for a term of more than 7 years) William & Glyns Bank v Boland

60
Q

Webb v Pollmount

A

The unregistered interest in question need not be the interest giving rise to actual occupation

61
Q

Registration gap

A

Time between the disposition is made (stage 4 completion) and the date the disposition is registered (stage 5 post-completion).
Registrable minor interests may arise or be created in the registration gap, usually not a problem due to the ‘priority search’ under s72 at stage 3 pre-completion.

62
Q

Advising purchaser on the registration gap/overriding interests?

A

They need to conduct a priority search under s72

63
Q

Advising person with interest on the registration gap/overriding interests?

A

They need to register their interest under s28 so to be covered by s29.

64
Q

Bona fide purchaser without notice…

A

takes free

65
Q

Overreaching can only be used for?

A

Interests under a trust. NO OTHER EQUITABLE INTERESTS!

Land Law (6 decks)

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