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Land Law - > Chapter 4: Registered Land > Flashcards

Chapter 4: Registered Land Flashcards

1
Q

Which five events events trigger first registration?

A

Any of the following triggering events occurring after 1 December 1990:

  1. A conveyance on sale of freehold land
  2. An assent
  3. A deed of gift
  4. A grant of lease for a term exceeding 7 years
  5. An assigned of lease having an unexpired term exceeding 7 years
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2
Q

After a triggering event, when must an application be made to HMLR for first registration?

A

Within 2 months of the triggering event.

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3
Q

What is the consequence of failing to register a conveyance after a triggering event?

A
  1. The transfer of the legal estate to the buyer becomes void.
  2. The legal estate then reverts to the seller.
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4
Q

What is the consequence of failing to register a lease or mortgage after a triggering event?

A

The disposition still takes effect.
The seller (transferor) has full legal title but holds the lease or mortgage as bare trustee and must follow lawful instructions of the lessee or mortgagee (buyer) and is known as the bare trustee.

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5
Q

Who bears the cost of the failure to make an application at HMLR for first registration?

A

The party in default.

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6
Q

Can the HMLR registrar grant an extension for first registration?

A

The registrar can grant an extension of two months, only if there is a good reason.

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7
Q

What is the impact of a failed legal registration becoming an equitable estate?

A

It will lose priority to other transactions which create interests in the estate before defect is cured

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8
Q

What are the five classes of title?

A
  1. Absolute freehold
  2. Qualified
  3. Possessory
  4. Good leasehold
  5. Absolute leasehold
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9
Q

What is absolute freehold title?

A
  • The best class of title.
  • Proprietor takes legal estate + all interests benefitting estate.
  • BUT- estate is subject to interests entered on the register & overriding interests.
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10
Q

Absolute freehold title is the best kind of title. What are the only two interests absolute freehold title is subject to?

A
  1. Interests on the register, e.g. charges, notices, restrictions
  2. Overriding interests
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11
Q

What is qualified title?

A
  • Applicable when there is a specific defect in title.
  • This is essentially an absolute title, but the Land Registry’s guarantee does not extend to the specified defect
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12
Q

What is a possessory title?

A
  • Applicable when there is no documentation evidencing right to possess
  • Usually cases where title deeds lost or adverse possession
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13
Q

What is good leasehold title?

A

Applicable when the Land Registry has not been able to inspect freehold or superior leasehold titles

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14
Q

What is absolute leasehold title?

A

When the Land Registry has inspected all superior leasehold titles and freehold title

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15
Q

How can good leasehold and possessory title be upgraded, and what are they upgraded to?

A

Good leasehold becomes absolute leasehold if freehold title is produced.

Possessory becomes absolute freehold if possessory title is not challenged for 12 years since it was granted.

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16
Q

What is the curative effect of registration?

A

Title can be upgraded with passage of time

17
Q

Other than freehold and leasehold estates in land, what three interests can be registered, and get their own title number and register?

A
  1. Rentcharges
  2. Franchises
  3. Profits a prendre in gross
18
Q

How can a party with an interest in unregistered land protect their interest?

A
  • Register a caution against first registration.
  • The caution will be allocated its own title number, individual caution register and plan
19
Q

Can a caution against first registration be cancelled?

A

Yes, if the owner of the estate against which the caution has been lodged makes an application to the Land Registry.

20
Q

What must the Land Registry do if a owner of an estate objects to a caution being lodged against their property?

A

Notify the cautioner that the caution will be cancelled unless an objection is made within the prescribed period.

21
Q

Can land still be registered if a caution is lodged and unchallenged?

A

The cautioner will be informed that an application is about to be made for registration and will give them a specified time to object to application.

22
Q

Which dispositions do not operate until registered?

A
  1. Transfer of freehold estate (for value, by court order, by gift, or by PRs)
  2. Grant of legal lease with more than seven years
  3. Express grant or reservation of legal easement, legal profit, or legal rentcharge
  4. First legal mortgage
23
Q

What information does the property register contain?

A
  1. Postal address
  2. Legal estate held - freehold or leasehold
  3. Any rights benefitting the property e.g. right of way over neighbouring land
24
Q

What information does the proprietorship register contain?

A
  1. Names of the holders of estate
  2. Any restrictions on title
  3. Class of title held e.g. title absolute
25
Q

What information does the charges register contain?

A

Encumbrances adversely affecting land e.g. restrictive covenants and mortgages

26
Q

Which two types of third party interests that must appear as a charge on the Register?

A
  1. Legal mortgage of registered land.
  2. Legal easements.
27
Q

What are the two ways a legal easement can be completed by registration?

A
  1. On the charges register of the servient tenement (burdened land), or
  2. On the property register of the dominant tenement (benefitting land)
28
Q

What is a notice and what are the two types?

A

An entry on the register of burdened land.
Agreed notice and unilateral notice.

29
Q

Can a notice be cancelled?

A

The registered proprietor can apply to the Registrar for notice to be cancelled. The Registrar then notifies the applicant and gives them a prescribed time to respond. If no response within that time, the application is cancelled.

30
Q

What is an overriding interest in the registered system?

A

Interest which is binding on both the proprietor and a person who acquires an interest despite the fact that the interest does not appear on the affected register of title

30
Q

What is a restriction?

A

An entry on the proprietorship register used to prevent any dealing with the land otherwise than in accordance with the terms of the restriction. A beneficial interest under a trust can be protected by restriction.

31
Q

Which third party interests override registered dispositions?

A
  1. Legal leases for seven years or less
  2. Legal easement or profit, created by prescription or implied grant
  3. Interests of persons in actual occupation
32
Q

When will an implied legal easement or profit be overriding?

A
  • Purchaser the purchaser had actual knowledge of the easement or profit
  • The easement or profit is obvious on reasonably careful inspection of land
  • Easement or profit has been exercised within 1 year of the disposition
33
Q

What must a person in occupation do to have an overriding interest?

A

They must have an interest in land and be in occupation.

34
Q

What four factors will the court take into account in determining if there is actual occupation?

A
  1. Degree and continuity of permanence
  2. Intentions and wishes, of person concerned
  3. Length of and reasons for absences
  4. Nature of the property
35
Q

A temporary absence will not preclude, to claim the overriding interest. At what time specifically must the occupation exist?

A

At the time the property is transferred to the buyer

36
Q

In what three ways is adverse possession different under the registered system?

A
  1. Period is 10 years instead of 12
  2. Squatter does not acquire any rights automatically. They merely receive a right to apply for registration of title at the end of the period
  3. Landowner given opportunity to object, and if they do the application will usually fail
37
Q

What must an applicant show to establish adverse possession of registered land?

A

Physical, exclusive possession without the owner’s permission

38
Q

In what three situations may an application for adverse possession still be granted even though the landowner objects?

A
  1. Unconscionable to dispossess applicant
  2. Reasonable mistake as to boundaries
  3. Applicant is for some other reason entitled to be proprietor

Land Law - (9 decks)

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