Glossary

Question 1

Absolute title/title absolute

Answer 1

One of the four grades of titled
The best class of title which can be awarded by HM land registry

Question 2

Adverse Possession

Answer 2

• Possession of land without permission of the owner.
• Acquires a freehold estate in the land from the time they enter adverse possession
• estate is inferior to true owners superior estate
• if title not registered over time adverse possession extinguishes true owners estate
• if registered title is not extinguished but over time adverse possessor can apply to be registered as the proprietor of the title

Question 3

Agreed Notice

Answer 3

A type of notice which is entered in the register in respect of an interest affecting a registered estate or charge
- an agreed notice may only be entered if 1. the applicant is the registered proprietor 2. the registered proprietor has consented to the entry 3. or the registrar is satisfied as to the validity of the applications claim

Question 4

Appurtenant

Answer 4

A right is appurtenant to an estate if the estate has the benefit of the right - the right is often then described as being annexed to the estate

Question 4

Alienate/alienation

Answer 4

The disposal of or dealing with an interest in land
- term most often used in relation to disposals of a leasehold estate
- it can include the transfer of the interest as well as the grant of a derivative interest out of the interest such as a sub lease or a charge

Question 5

Benefit

Answer 5

A person has the benefit of a right if he or she is entitled to exercise the right and to enforce it
An estate in land is said to have the benefit of a right where a persons enjoyment or enforcement of the right is dependent on him or her being the current owner of the estate

Question 6

Burden

Answer 6

A person is subject to the burden of an interest if he or she is required to comply with the obligations that it creates
- an estate in land is said to be subject to the burden of an interest where being the current owner of the estate carries the obligation to comply with and give effect to the interest

Question 7

Caution against first registration

Answer 7

a notice lodged by a person entitled to an interest in unregistered land, notifying the registrar about their interest. the registrar must provide notice of any subsequent application for registration to the person who lodged the caution
example - a caution against first registration provides the holder of the interest an opportunity to protect it in the register

Question 8

Chargee

Answer 8

a person with a charge (mortgage) over a property, holding a financial interest in it
The bank is the chargee in the mortgage agreement

Question 9

Chargor

Answer 9

a person who grants a charge (mortgage) over an interest or estate in land
the homeowner is the chargor when they gran a mortgage to the bank

Question 10

Charging order

Answer 10

an order of the court which imposes a charge upon the property to secure a debt resulting from a court judgment
may issue to secure payment of outstanding debts

Question 11

Chief land Registrar

Answer 11

The head of HM Land registry - responsible for overseeing land registration and property records

Question 12

Copyhold

Answer 12

A historic form of land tenure where a person held land from the lord of a manor now converted to freehold through enfranchisement
Copyhold has been converted to freehold

Question 13

Curtain principle

Answer 13

one of the principles underpinning title registration, stating that trusts are not recorded in the register and it does not reflect beneficial ownership only legal ownership

Question 14

Customary rights

Answer 14

Definition: Historic rights associated with a specific local area, like the right to use a piece of land for sports or hold an annual fair.
Example: The villagers have customary rights to graze their livestock on the common land.

Question 15

Date and time recording

Answer 15

Definition: A record maintained by HM Land Registry that shows the date and time of each pending application against a registered title.
Example: Date and time recording helps maintain transparency in property transactions.

Question 16

Demise

Answer 16

Definition: The grant of a leasehold estate or the area leased.
- Example: The demise of the property includes a 99-year leasehold.

Question 17

Derivative interest under a trust

Answer 17

Definition: An interest granted out of a beneficial interest under a trust, such as a charging order.
- Example: A derivative interest under a trust allows a creditor to secure debt against the beneficiary’s interest.

Question 18

Disponee

Answer 18

Definition: A person to whom an interest or estate in land is granted or conveyed, often referred to as a purchaser.
- Example: The disponee in this transaction is the buyer of the property.

Question 19

Disponor

Answer 19

A person who grants or conveys an interest or estate in land t another in a disposition
example - the seller in a property transaction is the disponor

Question 20

Easement

Answer 20

Definition: A proprietary right allowing a landowner to make limited use of someone else’s land, such as rights of way or rights to light or support.
Example: An easement may grant the right to access a neighboring property through a specific path.

Question 21

Electronic conveyancing

Answer 21

Definition: A process of handling land transactions online, where part or all of the disposition takes place electronically.
Example: Electronic conveyancing streamlines property transactions through digital platforms.

Question 22

Equitable interest in land

Answer 22

Definition: Interests in land recognized historically by the Courts of Equity and now by modern courts. They confer rights over land without ownership.
Example: An equitable interest may arise through a constructive trust established by a court.

Question 23

Estate contract

Answer 23

Definition: A contract for the creation or transfer of an interest or estate in land, including options to purchase and rights of pre-emption.
Example: Signing an estate contract is the first step in the process of buying or selling a property.

Question 24

Estate in land

Answer 24

Definition: A right to land that confers use or possession for a specific duration, like freehold or leasehold estates. Example: A leasehold estate provides the right to use a property for a fixed term.

Question 25

Fee simple (absolute in possession)

Answer 25

Definition: Another term for a freehold estate, potentially lasting indefinitely. Example: Owning property as a fee simple means you have full ownership without a time limit.

Question 26

Freehold

Answer 26

Definition: An estate in land with the potential to last indefinitely. Example: Freehold properties are often houses where the owner has full ownership of both the building and the land it stands on.

Question 27

Grant of an estate

Answer 27

Definition: The formal creation of an estate or interest in land, such as granting a lease or easement. Example: The grant of an estate takes place when a landlord leases a commercial space to a tenant.

Question 28

Indemnity covenant

Answer 28

Definition: A promise by one person to undertake obligations held by another, including reimbursement in case of non-compliance. - Example: An indemnity covenant may be used in a property transaction to ensure the seller compensates the buyer for any undisclosed issues.

Question 29

Insurance principle

Answer 29

Definition: One of the principles of title registration, where the register guarantees title accuracy, compensating those who suffer losses due to registry errors. - Example: If the register contains incorrect information, the Insurance Principle ensures compensation by HM Land Registry.

Question 30

Issue estoppel

Answer 30

Definition: Occurs when a court decides a question of fact or law essential to a case, preventing re-litigation of that issue in the future. - Example: Issue estoppel prevents parties from re-litigating a settled legal question in subsequent cases.

Question 31

Lease/Leasehold estate

Answer 31

Definition: An estate in land for a fixed duration where the landlord grants exclusive possession to a tenant. - Example: Renting an apartment under a lease creates a leasehold estate for the tenant.

Question 32

Legal interest in land

Answer 32

Definition: Rights affecting land recognized by common law courts, conferring specific rights without ownership. - Example: A legal interest may include a right of way or an easement.

Question 33

Licence

Answer 33

Definition: A permission to perform an action on another's land without trespass, conferring no proprietary rights. - Example: A license might allow a neighbor to walk through your garden without trespassing.

Question 34

Manorial Rights

Answer 34

Definition: Rights held by lords of former copyhold land, such as hunting, fishing, or holding fairs. Some may include rights to mines and minerals. Example: The lord of the manor had manorial rights, including the right to hold an annual fair in the village.

Question 35

Minor interests

Answer 35

Definition: Rights in land that are not registered with their own title or overriding interests. Example: An easement is considered a minor interest in land.

Question 36

Mirror principle

Answer 36

Definition: One of the principles of title registration aiming to provide an accurate reflection of property rights concerning a specific piece of land. Example: The mirror principle ensures that the registered title accurately represents ownership and interests in the land.

Question 37

Nemo dat quod non habet (Nemo Dat)

Answer 37

Definition: A common law principle stating that one cannot convey or transfer property they do not own. Example: If you don't own a car, you cannot legally sell it to someone else.

Question 38

Overreaching

Answer 38

Definition: A means to remove certain interests in land, particularly beneficial interests under a trust, during a property sale. Example: Overreaching occurs when the proceeds from the sale of a property are used to satisfy the trust's beneficiaries.

Question 39

Overriding interest

Answer 39

Definition: An interest binding on a first registered proprietor or disponee, even if not noted in the register. Example: An adverse possession claim may become an overriding interest, affecting the title.

Question 40

Parol lease

Answer 40

Definition: A short lease of three years or less at market rent, not required to be in writing. Example: A parol lease can be a verbal agreement for a yearlong apartment rental.

Question 41

Positive covenant

Answer 41

Definition: A covenant in a deed requiring the owner to perform certain actions or spend money for the benefiting estate. Example: A positive covenant might require a property owner to maintain a shared fence.

Question 42

Possessory title

Answer 42

Definition: One of the classes of title registration indicating the owner's possession but not affecting existing adverse interests. Example: A property owner may have possessory title when no adverse claims are found during registration.

Question 43

Postpone

Answer 43

Definition: A term used in the LRA 2002 allowing a registrable disposition to take priority over a pre-existing estate or interest. - Example: A buyer may postpone an existing mortgage to secure a new loan for their property.

Question 44

Prescription/prescriptive acquisition

Answer 44

Definition: Acquiring rights through long use, such as gaining a right of way over time. - Example: An easement obtained through continued usage without formal agreement is a form of prescriptive acquisition.

Question 45

Priority

Answer 45

Definition: Refers to the order in which interests are enforceable and which interests take precedence over others. - Example: A mortgage typically has a higher priority than unsecured loans.

Question 46

Priority search

Answer 46

Definition: A search of the register providing a priority period for registering a disposition, postponing entries made during this time. - Example: A buyer conducts a priority search to ensure their property transaction takes precedence over other claims.

Question 47

Profit a prendre

Answer 47

Definition: A proprietary right allowing the removal of natural products from someone else's land, like cutting turf or taking game. - Example: A right to gather firewood from a neighbor's forest is a profit à prendre.

Question 48

Proprietary estoppel

Answer 48

Definition: An equitable principle enabling a person to claim rights in land when they relied on assurances from the landowner and suffered detriment. - Example: If a landowner promised to leave their property to someone in their will, the principle of proprietary estoppel may grant them rights to the land.

Question 49

Qualified title

Answer 49

Definition: One of the classes of title with which a proprietor may be registered, indicating that certain enforcement exceptions are listed in the register. Example: A property owner with qualified title may have some limitations on their rights to the land, as mentioned in the register.

Question 50

Registerable disposition

Answer 50

Definition: A disposition required to be completed by registration under the Land Registration Act 2002. It doesn't operate at law until registration requirements are met. Example: The sale of a property requires a registerable disposition to be legally finalized and recorded in the land registry.

Question 51

Registration gap

Answer 51

Definition: The period between the completion of a disposition and its registration, consisting of two distinct phases: submission of the registration application and its completion by HM Land Registry. Example: During the registration gap, the property may legally change ownership, but this change isn't officially recorded until registration is completed.

Question 52

Requisition

Answer 52

Definition: An inquiry raised by HM Land Registry of an applicant for registration, requesting additional information or documentation before completing the application. Example: HM Land Registry might issue a requisition to an applicant who failed to provide necessary documents for property registration.

Question 53

Restriction

Answer 53

Definition: An entry in the register regulating the circumstances under which a disposition of a registered estate or charge can be recorded in the register. Example: A restriction might prevent the sale of a property without the consent of a specific party, such as a co-owner.

Question 54

Restrictive covenant

Answer 54

Definition: A promise within a deed that limits the landowner's use of their property, enforceable by the owner of the benefiting estate. Example: A restrictive covenant may prohibit property owners from building structures exceeding a certain height.

Question 55

Registrable disposition

Answer 55

Definition: The estate from which a lease has been granted for the duration of the lease. Example: The registrable disposition records the lease and its specific terms, affecting how the property can be used during the lease's duration.

Question 56

Reversion tribunal

Answer 56

Definition: A judicial body performing functions similar to courts in specialist areas, such as property disputes arising from land registry applications. Example: The Reversion Tribunal resolves conflicts related to property and land ownership disputes brought before HM Land Registry.

Question 57

Trust of land

Answer 57

Definition: A legal relationship where land is held in law by up to four trustees for the benefit of themselves or others known as beneficiaries. Example: A trust of land may be established to hold a family property for the benefit of multiple family members, with trustees managing it.

Question 58

Unilateral notice

Answer 58

Definition: A type of notice entered in the register concerning an interest affecting a registered estate or charge, typically without the consent of the relevant proprietor. Example: An individual claiming a legal interest in a property may lodge a unilateral notice, alerting potential buyers to the interest without proving its validity.