Registered land

Question 1

First registration triggers

Answer 1

The transfer of a qualifying estate by sale, gift, court order or assent triggers first registration.

Legal lease created (granted) for more than seven years must be registered. But does not then trigger the freehold registration.

Mortgage triggers the registration of the estate mortgaged.

Question 2

Time limit for first registration

Answer 2

2 months from the triggering event.

LR can extend this period if a good reason.

Question 3

Registrable dispositions

Answer 3

Once registered, certain transactions will only have legal effect if they too are registered.

These include:
(a) the transfer of a registered estate;
(b) the grant of a legal lease for more than seven years out of a registered estate.
(c) the grant of a legal charge.
(d) an expressly granted legal easement or profit

Question 4

Minor interests

Answer 4

Third party interests in land which are not:
* capable of substantive registration (an estate in land);
* set out in s 27 LRA 2002 as registrable dispositions; or
* overriding interests.

Minor third party interests include (but are not limited to):
* estate contracts;
* home rights;
* interests under a trust;
* equitable easements or profits created after 2003;
* equitable leases; and
* restrictive covenants.

Question 5

How to protect minor interests

Answer 5

1. Restrictions

For interests under a trust of land.

Prevents the registration of a later registrable disposition for value which is not in accordance with the terms of the restriction.

May be entered onto the register without the consent of the registered proprietor.

2. Notices

Notices apply to other interests (other than interests under a trust of land).

May be entered onto the register without the consent of the registered proprietor.

The registered proprietor can challenge a notice and claim damages for any loss suffered.

Question 6

Overriding interests

Answer 6

• registered charges;
• those registered as a notice in the register; and
• interests which override in Schedule 3

Lease less than 7 years

Legal easements and profits created by implication or prescription after 12 October 2003.

Question 7

Overriding interests - Schedule 3 Para 3

Answer 7

*Lease less than 7 years

*Legal easements and profits created by implication or prescription after 12 October 2003 where:
(i) the purchaser has actual knowledge of the easement or profit on the date of the transfer; or
(ii) the existence of the right would have been apparent on a reasonably careful inspection of the land; or
(iii) if the easement or profit has been exercised least once in the year prior to the land transfer.

Question 8

Overriding interests - Schedule 3 Para 2

Answer 8

Creates a safety net for unprotected minor interests. Only if:
INTEREST (PROPRIETARY) + OBVIOUS ACTUAL OCCUPATION
OR
INTEREST (PROPRIETARY) + NON- OBVIOUS ACTUAL OCCUPATION + ACTUAL KNOWLEDGE

Interest:
A beneficial interest under the trust of land, and equitable lease or option.

Exceptions:
(a) personal rights eg contractual licences;
(b) home rights; and
(c) easements as the exercise of an easement is mere user of the land and cannot amount to actual occupation.

Occupation:
Does not necessarily mean personal presence. Involves some degree of permanence and continuity.
Temporarily absent? In occupation if there is visible evidence of occupation, eg furniture and possessions; and
an intention to return to the property