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FLK 2 - Land Law > 8. Registered Land > Flashcards

8. Registered Land Flashcards

1
Q

Who is Registered land administered by and how is it registered?

A

land registry and they maintain an electronic register

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2
Q

Is an electronic register private?

A

No anyone can access/obtain a copy of a register for a fee.

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3
Q

What are the key aims of the LRA 2002?

A
  • to extend the scope of first registration, so that more titles are registered; and
  • that the register is a more complete reflection of the title (‘the mirror principle’).
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4
Q

What is the insurance principle?

A

the accuracy of the register is guaranteed by the State

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5
Q

What is the indemnity principle?

A

Any error will usually be rectified and any person affected by rectification may claim compensation

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6
Q

What are the three sections of a title register?

A
  1. Property Register
  2. Proprietorship Register
  3. Charges Register
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7
Q

What does the property register state?

A
  • description of land
  • reference to title plan
  • type of estate (freehold or leasehold)
  • rights for the benefit of the registered title
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8
Q

What does the proprietorship register state?

A
  • class of title
  • name and address of the registered proprietors
  • any restrictions affecting the ability of the registered proprietor to deal with legal estate in land
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9
Q

What does the charges register state?

A
  • notices of any third-party rights (minor interests) registered against the title
  • registrable leases created out of the estate
  • any mortgages by registered charged created out of the registered title
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10
Q

Where would a mortgage interest be found in a registered title and how is it registered?

A

In the charges register

Registered as two entries:
1. identifies the registered charge and date it was created
2. identities the proprietor of the charge

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11
Q

Where would an easement interest be found in the registered title and how is it registered?

A

In the property register

Registered as a benefit to the property (right of way)

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12
Q

Where would a restrictive covenant be found in the registered title and how is it registered ?

A

In the charges register

As a burden on the land

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13
Q

What is first registration?

A

the process by which the title deeds and documents in unregistered title are translated to a registered title.

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14
Q

What are the most common trigger events that if they happen trigger the required to convert land from unregistered to registered title?

A
  1. A transfer of an unregistered freehold estate in land
  2. A transfer of an unregistered lease with more than 7 years to run at the time of transfer
  3. A grant of a new legal lease in land for a term of more than 7 years OR for a term of any length to take effect in possession after a period of three months from the date of the grant
  4. A first legal mortgage of an unregistered freehold or leasehold (provided the lease has more than 7 years unexpired)
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15
Q

What are the two factors that define a qualifying estate?

A
  1. unregistered freehold estate; and
  2. unregistered leasehold estate with more than 7 years to run
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16
Q

What triggers first registration?

A

the transfer of a qualified by sale, gift, court order, or assent.

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17
Q

What is an assent?

A

Where personal representatives transfer land to a beneficiary under a will

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18
Q

When must a buyer apply for first registration caused by a triggering event?

A

within two months of the triggering event.

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19
Q

What are the consequences of a buyer failing to apply for first registration causes by a triggering event within the time limit?

A

Transfer or Grant of a legal lease - results in an equitable interest.

Creation of a mortgage - results in an equitable mortgage.

both held/exist until registration is complete.

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20
Q

What procedure would a buyer of an unregistered title follow?

A
  • investigates the unregistered title;
  • inspects the land; and
  • searches the Land Charges Register (as the land is currently unregistered land).
  • checks the register of cautions against first registration held by Land
    Registry.
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21
Q

What is a register of cautions?

A

a caution against first registration can be registered by a person who claims an interest in unregistered land

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22
Q

What is the effect/purpose of a register of cautions?

A

Has no substantive effect, but alerts the cautioner to an application for first registration.

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23
Q

What are the estate and interest over unregistered land which may be registered voluntarily by the owners at any time?

A
  1. Freehold
  2. Leasehold (with more than seven years unexpired)
  3. Leases of any length where the right to possession is discontinious
  4. Leases of any length granted to take effect in possession more than three months after the date of grant
  5. a rent charge that is either perpetual of or a term of which more than seven years are unexpired
  6. a ‘profit a prendre’ in gross that is either perpetual or for a term of which more than seven years are unexpired.
  7. a franchise that is either perpetual or for a term of which more than seven years are unexpired.
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24
Q

Once registered, what does title to the land depend on?

A

title to the land depends on what is entered on the register at the land registry, and not the deeds to the land.

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25
Q

What are third-party interests in land (minor interests)?

A

interest affecting a registered estate that have to be protected by entry on the register in order to bind a successor

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26
Q

what are the two forms of protection for interests?

A

notice or restriction

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27
Q

Where do notices appear in the title register?

A

in the charges register

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28
Q

What are notices used for?

A

to protect easements/profits, equitable leases, restrictive covenants, home rights and estate contracts but not a trust for land.

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29
Q

For a notice to be entered, is consent needed?

A

A notice can be entered without consent of the registered owner, but the owner can challenge it.

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30
Q

Where does a restriction appear in the title register?

A

In the proprietorship register

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31
Q

What is the purpose of a restriction?

A

it is used to protect a trust for land

32
Q

Is a registered owner’s consent required to register a restriction?

A

No

33
Q

What does a restriction in the proprietorship register show?

A

That the owner has limited powers of disposition of the land and where the land is held on trust, the buyer needs to implement overreaching to take free of the beneficial interest.

34
Q

How can a beneficial interest under a trust for land be overreached?

A

If the buyer pays the money to a minimum of two trustees or a trust corporation.

35
Q

What is the effect of overreaching?

A

The beneficial interest is detached from the land and attaches to the proceeds of sale. The buyer takes free of such interests.

36
Q

What is voluntary registration?

A

Qualifying estate owners can apply for voluntary registration at any time.

37
Q

What is the incentive in place for land owners to register voluntarily?

A

a fee discount for the application

38
Q

When must a legal lease be registered?

A

created (granted) for more than seven years

39
Q

When a legal lease is registered what is it given?

A

its own title number

40
Q

Can one parcel of land have more than one registered title?

A

A freehold registered title and a leasehold registered title.

41
Q

What is the effect of registering a legal lease for more than 7 years on the freehold?

A

Registration of a legal lease for more than 7 years does not trigger the registration of the freehold reversion.

42
Q

Is it possible to have an unregistered freehold title with a registered lease?

A

Yes

43
Q

How are legal leases for seven years of less protected?

A

as overriding interests.

44
Q

What is the effect of the creation of a first legal mortgage of a qualifying estate?

A

it triggers first registration of the estate mortgaged.

45
Q

What type of mortgage would trigger the registration of freehold or lease for unregistered land or an unregistered lease with more than seven years to run?

A

A mortgage of freehold unregistered land or the mortgage of an unregistered lease with more than seven years to run would trigger the registration of the freehold or lease.

46
Q

How can the period for registration be extended?

A

the Land Registry may extend it if there is a good reason.

47
Q

What are overriding interests?

A

interests which override the register

48
Q

What is the effect of overriding interests?

A

A purchaser of registered land must conduct further enquiries beyond the register held at the Lang Registry to discover third party interests which may bind them.

49
Q

What are the four interests which override on First Registration?

A
  1. Legal leases for terms of sever years or less
  2. An interest belonging to a person in actual occupation
  3. Legal easement or profit; and
  4. Local land charge.
50
Q

What are the four interests which override a Registered Disposition?

A
  1. Legal leases for terms of seven years or less;
  2. An interest belonging to a person in actual occupation;
  3. Legal easement or profit; and
  4. Local land charge.
51
Q

What is the most common overriding interest encountered in practice?

A

an interest of a person in actual occupation

52
Q

What is required for an interest of a person in actual occupation?

A

a proprietary interest over the property together with signs of obvious actual occupation of the property

(i.e. personal presence is not necessary but it should have a degree of permanence and continuity and not be temporary)

53
Q

How can a minor interest be upgraded to an overriding interest?

A

Under the category of an interest of a person in actual occupation but preferably the interest should have been protected by registration.

54
Q

What is a registrable disposition?

A

certain transactions that after title is registered will only have legal effect if they too are registered.

55
Q

How can a mortgage be a registrable disposition and how does it become legal?

A

a mortgage over a registered title is a registrable disposition.

It becomes a legal mortgage only when it is entered in the charges register of the title affected.

56
Q

Where this is more than one charge registered against the title, what does the order of priority depend on?

A

The order in which they are entered on the register - not the date of creation of the charges.

57
Q

What is the priority of mortgages?

A

the mortgage that appears first in time will rank first

58
Q

What are minor interests?

A

Third party interests in land which are not:
1. Capable of substantive registration (an estate in land)
2. Set out in s 27 LRA 2002 as registrable dispositions; or
3. Overriding interests.

59
Q

What are examples of minor third party interests?

A
  • estate contracts
  • home rights
  • interests under a trust
  • equitable easements or profits created after 2003
  • equitable leases; and
  • restrictive covenants
60
Q

What are minor interests protected by?

A

either by notice or a restriction

61
Q

What protection does a purchaser of a registered title for valuable consideration have in relation to minor interests?

A

takes free of unprotected minor interests.

62
Q

Equitable interests and home rights are protected as minor interests by what? State two method of protection on the register.

A
  1. Entry of a restriction in the proprietorship register where it is a trust for land.
  2. Entry of a notice in the charges where it is easements/profits, equitable leases, restrictive covenants, home rights, or estate contracts.
63
Q

Who cannot claim the benefit of the doctrine of notice and what are they bound by?

A

The purchaser of an equitable notice cannot claim the benefit of the doctrine of notice and will be bound by the third party right.

The recipient of property by way of a gift will not take free of third party rights.

64
Q

What cannot be protected by registration of a notice?

A

a trust of land

65
Q

Can a notice be challenged?

A

Yes, the registered proprietor can challenge a notice and claim damages for any loss suffered.

66
Q

Where does a notice appear in the title register?

A

in the charges register

67
Q

Is consent of the registered proprietor required for a restriction or a notice to be entered onto the register?

A

No

68
Q

What is the purpose of schedule 3, Para 2 LRA 2002 and when does it apply?

A

Purpose: creates a safety net for unprotected minor interests

When: only if the person with the interest is in ‘actual occupation’.

69
Q

What are the two elements needed that Paragraph 2 wont work without?

A

an interest (proprietary) + actual occupation

70
Q

What does occupation involve to some degree?

A

permanence and continuity

which rules out meer presence

71
Q

What are the two factors that if present, allow a person to remain in actual occupation even if there has been temporary absence for residential property?

A
  • visible evidence of occupation (furniture and possessions); and
  • an intention to return to the property
72
Q

What are the relevant factors in determining whether somebody is in actual occupation?

A
  • the degree of permanence and continuity of presence;
  • the intentions and wishes of that person;
  • the length of absence and reason for it;
  • the nature of the property; and
  • the personal circumstances of the person.
73
Q

What are the two key principles for determining occupation in commercial property?

A
  1. nature and state of the property
  2. must be some physical presence with some degree of permanence and continuity to be sufficient to put someone inspecting the land on notice
74
Q

What are the two exceptions where overriding status under Sch 3, para 2 will be lost?

A

overriding status will be lost if:
a) the person holding the interest has failed to disclose the right, upon inquiry, when they could reasonably have been expected to do.

b) the person’s occupation was not obvious on a reasonable careful

75
Q

What are the two possible scenarios needed for a successful claim to an overriding interest?

A

1) interest (proprietary) + obvious actual occupation

OR

2) interest (proprietary) + non-obvious actual occupation + actual knowledge.

FLK 2 - Land Law (8 decks)

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