Principles of Unregistered Title to Land

Question 1

What is the minimum period of ownership that a seller must show in order to demonstrate a good root title to unregistered land?

Answer 1

15 years

Question 2

What is the epitome of title and what is its role?

Answer 2

Chronological list of documents (including the root, which will come first) with a copy of each document attached to the epitome

They’re sent to the buyer of the land to prove ownership of unregistered land

Question 3

When are the original title deeds sent to the buyer of unregistered land?

Answer 3

On completion once sale proceeds are received

Question 4

What are three other features of a good root of title?

Answer 4

1. Deals with whole legal and equitable interest in the property
2. Adequate description of the property
3. Does nothing to cast doubt on the title

Question 5

What is the difference in how a buyer of unregistered land is bound by:
1. Legal interests
2. Equitable interests

Answer 5

1. Legal interests - buyers are bound irrespective of notice
2. Equitable interests - bound only with notice

Question 6

Generally, if land is unregistered, how can a person find any legal interests of third party which are attached to the land (2 ways)

Answer 6

1. Property’s deeds
2. Physical inspection of property

Question 7

Generally, for an equitable right/interest to be enforceable against a subsequent buyer of unregistered land, which register must the right/interest be on?

Answer 7

Land charges register

Question 8

Registration of an equitable right/interest as a land charge constitutes _____ notice to all persons, preventing a bona fide purchaser to ____ _____ of them

Answer 8

actual, take free

Question 9

What are 6 classes/designations of charges which can appear on a land charges register?

Answer 9

1. C(i) puisne mortgage
2. C(iii) general equitable charge
3. C(iv) estate contract
4. D(ii) restrictive covenant
5. D(iii) equitable easement
6. Class F charge

Question 10

What is a puisne mortgage?

Answer 10

A second/subsequent mortgage not protected by title deeds (as they protect the first mortgage)

Question 11

What is an estate contract?

Answer 11

Contracts to purchase a legal estate in land or options to purchase

Question 12

What type of rights does a Class F land charge protect?

Answer 12

a right to occupy a marital or civil partnership home

Question 13

What are land charges in the unregistered system registered against?

Answer 13

Full name of the property owner

Question 14

One example of an interest not being capable of being registered as a land charge is an interest arising under a…

Answer 14

Trust

Question 15

A subsequent bona fide purchaser of a legal estate of value will not be bound to an equitable interest that isn’t registrable on the land charges register unless they had one of which 3 types of notice?

Answer 15

B has:
1. Actual
2. Constructive; or
3. Imputed

notice of the interest

Question 16

What is actual notice?

Answer 16

Where P knows of the interest themselves

Question 17

What is constructive notice?

Answer 17

Where P would have discovered the facts after making reasonable enquiry

Question 18

What is imputed notice?

Answer 18

Where notice has been given to P’s agent

Question 19

Does a person who receives unregistered land as a gift take it subject to the equitable interest, even if they didn’t have notice?

Answer 19

Yes

Question 20

What should a buyer’s solicitor do if they discover that a non-owner is occupying the property that is being bought?

Answer 20

Require the non-owning occupier to sign the seller’s part of the contract as confirmation they will vacate the property on completion

Question 21

What are 3 requirements a person must show to establish adverse possession on unregistered land?

Answer 21

1. Actual, physical and exclusive possession of the land
2. For 12 years
3. Without owner’s permission

Question 22

An establishment of adverse possession of unregistered land prevents the former owner bringing a suit to ______ the land from the squatter. It gives the squatter the right to apply for _____ with HMLR

Answer 22

recover, title