Registered Land Flashcards
Property Register
Confirms legal estate, a description of the property and any rights it may benefit from I.e right of way
Proprietorship register
Confirms name and address of the legal owners. It also details any restrictions which have been registered against the estate and burden of the legal owner.
Charges register
Contains notices of interest which burden the estate and need protection by registration and details of any legal charges that have been granted over the land.
Substantive Registration
Only legal estates are capable of being substantively registered (piece of land will have a unique title number which is generated upon registration). Failure to substantively register a legal estate will mean the transfer is void and the seller will hold the land on bare trust for the buyer.
Triggering events for substantive registration
Any type of transfer of the land whether this be a sale, gift, inheritance or court order
The grant of a lease out of the freehold estate or more than seven years
The creation of a protected first legal mortgage
Registrable Disposition
Any transfer, sale, lease, legal easement or mortgage over the land which already had a registered title. The relevant transaction must be registered to be protected. Failure to complete the registration process will mean the purchaser will acquire an equitable interest in the land only.
Third party interests
A landowner may grant a right or benefit over the land to someone who is not the legal owner or equitable owner I.e right or way. The third party rights that need to be protected by the register are:
- estate contracts
- freehold restrictive covenants
- leasehold restrictive covenants
- equitable leases
- equitable easements and profits
- home rights
- equitable mortgages
- trusts of land
Failure to register will mean a future purchaser will not be bound, this is regardless of whether they knew about them or not.
Overriding interest
Rights of someone who is not the legal or an equitable owner of the land. For example an equitable interest of a third party who has contributed to the purchase price and therefore has the benefit of a constructive trust. These are binding on any future purchaser even though they will not appear on the register.
- Easements and profits
- Short term legal leases
- Interests of persons in actual occupation
Circumstances where easements and profits can be overriding interests
- Any new legal easement impliedly created by s62 LPA 1925
- Any new legal easement created under the rule in Wheeldon and Burrows
- Any new legal easement created by necessity, common intention or prescription
- Any easement which has an overriding interest prior to LRA 2002 coming into force in 2003 will continue to be binding, no matter how it was created
Circumstances when a legal easement will not be overriding.
It is not within the actual knowledge of the new purchaser
It would not have been obvious on a reasonably careful inspection of the land
The easement or profit has not been exercised within the past 12 months
Short term leases
Overriding interests and will automatically bind a future purchaser, whether they knew about the lease or not. Only relates to legal leases and not equitable which must still be registered to be binding.
Persons in actual occupation
A third party in actual occupation may be able to demonstrate an overriding in the estate unless:
- An enquiry was made about the interest and it was not disclosed when it was reasonable to do so;
- Occupation was not obvious on a reasonable inspection of the land unless the buyer has actual knowledge
Person must be in actual occupation at the time of completion. Remember there must be a proprietary interest and actual occupation, not just occupation.
Actual occupation
Evidence that occupation is continuous and permanent. Even if there is temporary absence this does not mean no actual occupation providing there is physical evidence of occupation and an intention to return.
Overreaching
Providing the sale proceeds are paid to two legal owners or two trustees of the estate, this will transfer any third-party interest in the estate over to the legal owners or trustees instead.
