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Land Law > Registered and unregistered land > Flashcards

Registered and unregistered land Flashcards

1
Q

estates and interests over unregistered land may be registered voluntarily by the owners at any time:
(7 elements)

A
  • Freehold
  • Leasehold – more than 7 years unexpired.
  • Leases of any length – where right to possession is discontinuous.
  • Leases of any length granted to take effect in possession more than 3 months AFTER date of grant.
  • Rent charge that is EITHER perpetual OR for a term of which more than 7 years are unexpired.
  • A ‘profit a prendre’ – in gross that is either perpetual OR for a term of which MORE than 7 years are unexpired.
  • Franchise that is either perpetual OR for a term of which more than 7 years are unexpired.
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2
Q

Requirement to convert land from unregistered to registered title will occur when…

A

a TRIGGER EVENT occurs.

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3
Q

Trigger events?

A

*Transfer of an unregistered freehold estate in land
*Transfer of unregistered leasehold with more than 7 years to run at the time of transfer
*Grant of a new legal leasehold in land
*First legal mortgage of an unregistered freehold OR leasehold

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4
Q

Examples of a transfer of an unregistered freehold estate in land?

A

valuable consideration, gift, deed appointing new trustee etc

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5
Q

Examples of transfer of unregistered leasehold with more than 7 years to run at the time of transfer?

A

valuable consideration, gift, deed appointing new trustee etc

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6
Q

Grant of a new legal leasehold in land

A

for a term of any length to take effect in possession AFTER a period of 3 months from date of grant.

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7
Q

First legal mortgage of an unregistered freehold OR leasehold

A

more than 7 years unexpired

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8
Q

Buyer MUST apply for first registration WITHIN…

A

two months of the triggering event.

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9
Q

Buyer MUST apply for first registration WITHIN two months of the triggering event.
Failure to do so will result in…

A

an equitable interest.
OR
Equitable mortgage UNTIL registration been completed.

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10
Q

Once registered
Title to land depends on…

A

what is entered on the register at the Land Registry AND not the deeds to the land.

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11
Q

Interests affecting registered estate are…

A

third party interests in land
have to be protected by entry on the register to bind a successor.

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12
Q

Interests affecting registered estate are third-party interests in land and these interests aren’t…

A

registered charges OR overriding interests.

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13
Q

Interests are protected by either?

A

a notice OR restriction

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14
Q

Notices?

A

notice will appear in the charges register.
Can be used to protect (easements/profits, equitable leases, restrictive covenants etc).
Not trust for land.
Notice can be entered WITHOUT consent of the registered owner BUT the owner can challenge it.

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15
Q

Restriction?

A

restriction appears in the proprietorship register.
Used to protect a trust for land.
Registered owner’s consent NOT required to register a restriction.
Shows the owner has a limited power of disposition of the land
AND
where the land held on trust.
Buyer needs to implement overreaching to take free of the beneficial interest.

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16
Q

Overreaching:

A

Beneficial interest under a trust for land can be overreached IF
the buyer pays the money to a MINIMUM of two trustees OR trust corporation.
Beneficial interest detached from land
AND
Attaches to the proceeds of sale.
Buyer takes free of such interests.

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17
Q

Overriding interests:

A

Interests which override the register.
Purchaser of registered land MUST conduct further enquiries beyond the register held at the Land Registry to discover THIRD PARTY interests which can bind them.

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18
Q

Interests which override on first registration (sch 1 LRA 2002):
Para 1?

A

legal leases of 7 years OR less in duration.

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19
Q

Interests which override on first registration (sch 1 LRA 2002):
Para 2?

A

interest belonging to a person in actual occupation.

20
Q

Interests which override on first registration (sch 1 LRA 2002):
Para 3?

A

legal easement OR profit

21
Q

Interests which override on first registration (sch 1 LRA 2002):
Para 6?

A

local land charge.

22
Q

Interests which override a registered disposition (sch 3 LRA 2002):
Para 1?

A

legal leases for terms of 7 years OR less.

23
Q

Interests which override a registered disposition (sch 3 LRA 2002):
Para 2?

A

interest of a person belonging in actual occupation.

24
Q

Interests which override a registered disposition (sch 3 LRA 2002):
Para 3?

A

legal easement OR profit

25
Q

Interests which override a registered disposition (sch 3 LRA 2002):
Para 6?

A

local land charge.

26
Q

An interest of a person in actual occupation:

A

Most common overriding interest.

27
Q

Proprietary interest over the property together with signs of…

A

obvious actual occupation of the property.

28
Q

Minor interest CAN be upgraded to an overriding interest under this category…

A

by obvious actual occupation
BUT
preferably the interest should have been protected by registration.

29
Q

Equitable interests and home rights are protected as MINOR INTEREST by:

A
  • Entry of a restriction in the proprietorship register where it is a trust for land.
    OR
  • Enter of a notice in the charges register where it is an
    easements/profits, equitable leases, restrictive covenants, home rights OR estate contracts.
30
Q

Seller of unregistered land MUST prove…

A

title by showing uninterrupted possession for a period of 15 years.
Must produce a bundle of documents (epitome of title)
that demonstrates good root of title.

31
Q

Normally a conveyance by deed OR a legal mortgage which is:
(4 elements)

A
  • At least 15 years old.
  • Shows ownership of the entire legal AND equitable interest in the land.
  • Contains description of the land.
    AND
  • Doesn’t cast ANY doubt on title.
32
Q

Reviewing epitome of title:
(4 elements)

A

Look for good root of title
Unbroken chain of ownership
Correct stamp duties
Proper execution.

33
Q

Buyer of unregistered land MUST…

A

investigate title AND inspect the land to identify any third-party interests that can extend over land.

34
Q

Legal estates and rights bind…

A

the world.
Buyer bound by them regardless of whether buyer knows about the estate OR interest.

35
Q

Equitable interests (NOT trusts for land) protected by…

A

registration of a Land Charge OR doctrine of notice.

36
Q

Once registered Land Charge deemed to be…

A

actual notice AND will bind buyer

37
Q

Land Charges Act 1972 sets out…

A

equitable interests which can be protected by a Land Charge.

38
Q

Main equitable interests which can be protected by a Land Charge?

A
  • Puisne mortgage
  • Estate contract
  • Restrictive covenant
  • Equitable easement
  • Home right.
39
Q

Land Charge not registered against the land BUT against…

A

estate owner
Should be registered BEFORE completion of purchase.

40
Q

Registration of Land Charge at the Land Charges Registry deemed actual notice of interest
from…

A

date of registration AND will bind any buyer whether OR not they have knowledge of it.

41
Q

Land Charge not registered, void against…

A

any buyer for money OR money’s worth.

42
Q

Searching the Land Charges Registry, search should be made against…

A

NOT ONLY current owner BUT all of previous owners in the epitome of title.

43
Q

Main interest governed by the doctrine of notice are:
(4 elements)
Buyer is bound by these equitable interests unless?

A
  • Overreachable interests that haven’t been successfully overreached
    Such as, beneficial interest under a trust.
  • Restrictive covenants entered into between freeholders of land BEFORE 1 January 1926.
  • Equitable easements created before 1 January 1926.
    AND
  • Interests arising by estoppel.

Buyer is bound by the above equitable interests
UNLESS they are bona fide purchaser for value of a legal estate OR legal interest
WITHOUT notice of the equitable interest.

44
Q

Purchaser of an equitable interest can’t claim the benefit of doctrine of notice
AND will be bound by…

A

third party right.

45
Q

Recipient of property by way of a gift will not take free of…

A

third-party rights.

Land Law (4 decks)

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