Chapter 3: Unregistered land

Question 1

How must ownership of unregistered title be proven?

Answer 1

By producing documents commencing with a good root title, demonstrating a chain of unbroken ownership for 15 years.

Question 2

What are the main documents found in unregistered title?

Answer 2

• Conveyance on sale
• Deed of gift
• Mortgage Deed
• Assent

Question 3

If a document is to be a good root of title, what requirements must the document satisfy?

Answer 3

It must be at least 15 years old.
It must deal with the whole legal and equitable interest of the property.
It must do nothing to cast doubt on the title.

Question 4

When must an application be made to HMLR for first registration?

Answer 4

Within 2 months of completion.

Question 5

Are third party legal interests binding irrespective of whether a buyer is aware of them?

Answer 5

Yes, a buyer of legal estate will be bound by legal interests whether or not they had notice of them.

Question 6

How can a buyer discover a third party’s legal interests?

Answer 6

Checking the deeds and inspecting the property.

Question 7

Are third party equitable interests binding irrespective of whether a buyer is aware of them?

Answer 7

A buyer will only be bound by equitable interests if they have notice of them.

Question 8

How are most equitable rights made enforceable against a subsequent buyer of land?

Answer 8

Registration on the Land Charges Register.

Question 9

What are the four classes of Class C land charges?

Answer 9

C(i) - puisne mortgage
C(ii) - limited owners charge
C(iii) - general equitable charge
C(iv) - estate contract

Question 10

What is a Class C(i) land charge?

Answer 10

Puisne mortgage

Question 11

What is a Class C(iii) land charge?

Answer 11

General equitable charge

Question 12

What is a Class C(iv) land charge?

Answer 12

Estate contract

Question 13

What are the three classes of Class D land charges?

Answer 13

D(i) - tax paid on death
D(ii) - restrictive covenants
D(iii) - equitable easements

Question 14

What is a Class D(i) land charge?

Answer 14

Tax paid on death

Question 15

What is a Class D(ii) land charge?

Answer 15

Restrictive covenants

Question 16

What is a Class D(iii) land charge?

Answer 16

Equitable easement

Question 17

What is a Class F land charge?

Answer 17

A charge protecting a non-owning spouse’s statutory right of occupation.

Question 18

Are land charges registered against the address of the property?

Answer 18

No, they are registered against the name of the person who claims the right.

Question 19

How is notice of a land charge given?

Answer 19

Registration of a land charge constitutes actual notice and makes it binding on all subsequent owners of land. If a land charge is not registered, it is void against a purchaser of legal estate for money or money’s worth.

Question 20

What is the doctrine of notice and when does it apply in relation to registerable land charges?

Answer 20

If an interest does not appear on the list of registerable land charges, it will only be binding if a buyer had notice of it.

Question 21

Under the doctrine of notice, what must a buyer show to take free of equitable interests?

Answer 21

• They acted bona fide (in good faith)
• They were a purchaser for value
• They acquired a legal estate or interest
• They had no notice of the equitable interest.

Question 22

In what three ways can notice arise?

Answer 22

• Actual notice - Buyer has actual knowledge of interest
• Constructive notice - Had reasonable enquiry been made, the buyer would have discovered equitable interest
• Imputed notice - Notice given to agent

Question 23

Which unregistered interests override first registration?

Answer 23

• Lease granted for 7 years or less
• Legal easement
• Interest belonging to person in actual occupation

Question 24

What happens if an unregistered interest overriding first registration is identified?

Answer 24

Buyer would need to disclose the unregistered interest to HMLR who would protect the interest by entry on the register. The interest would cease to be overriding at this point.

Question 25

When can adverse possession occur in unregistered land?

Answer 25

If someone with an owner allows land to be occupied for someone else for 12 years.

Question 26

What happens if a squatter occupies unregistered land belonging to another for 12 years?

Answer 26

• The owner loses the right to recover land
• The legal owner retains the legal title, but holds the legal estate on trust for the squatter
• The squatter is entitled to apply for registration in the legal owner’s place

Question 27

What does an applicant for adverse possession need to show?

Answer 27

• Actual physical possession of land.
• Possession is exclusive to applicant.
• Possession is without the permission of the landowner.