registered land Flashcards
What is registered land?
Most land in England and Wales is registered.
Title to registered land is proved by the Register of Title.
Registered land is subject to the law as provided for by the Land Registration Act 2002.
The interests capable of being registered are listed in the Land Registration Act 2002
Under S1(1) of the Law of Property Act 1925 (LPA 1925) ….
there are two legal estates in land: freehold and leasehold.
Under s1(2) of the LPA 1925..
there are five interests which may have legal status:
- Easements
- Rentcharges,
- Mortgages,
- Similar charges
- rights of entry.
Under s1(3) of the LPA 1925
All other interests will take effect in equity only, as per s1(3).
what is The Land Registration Act 2002?
The Land Registration Act 2002 provides a very different system for registered land.
The principles governing priority are contained in ss27-30 LRA 2002 and these make the vast majority of interests only effective as against a purchaser if they are protected by registration.
How are interests proteted?
Interests are ‘protected’ through the entry of notices in the register (s32).
How are equitable interests protected?
There are interests which may bind a purchaser even though they are not recorded in the register.
These are interests which override registered dispositions such as a transfer, and are governed by Schedules 1 and 3 of the LRA 2002.
Which interests qualify as overriding interests?
As per Schedule 3 of the LRA 2002 there are a variety of unregistered rights which qualify as overriding interests. These include:
1) Legal leases granted for a term not more than seven years,
2) Proprietary interests of persons in actual occupation of the land,
3) Legal easements and profits à prendre, and
4) Local land charges.
Each has its own criteria which must be met in order for the interest to bind the successor in title.
What is an overriding interest?
Overriding interests are interests to which a registered title is subject, even though they do not appear in the register. They are binding both on the registered proprietor and on a person who acquires an interest in the property.
Each has its own criteria which must be met in order for the interest to bind the successor in title.
When will persons in actual occupation not override?
under Schedule 3
The interest must still be protected by actual occupation by the interest’s owner, but the interest will not bind in certain circumstances, including where both of the following conditions are met:
The interest belongs to a person whose occupation would not have been obvious on a reasonably careful inspection of the land at the time of the disposition.
The interest was outside the actual knowledge of the person taking the disposition.
When will Legal Easements overide?
Legal easements under Schedule 3 (not Schedule 1) will only override if the easement is obvious on inspection, the purchaser has actual knowledge of the easement, and the easement has been exercised in the past year or has been registered under the Commons Registration Act 1965.
What is the mirror principle?
the so called ‘mirror principle’ has provided greater protection and certainty for purchasers. The majority of interests will be ineffective unless entered in the register and thus made easily discoverable.
The mirror principle involves that the register of title is a mirror which reflects accurately and completely of all interests
.
what is the curtain principle?
The curtain principle embodies the familiar idea of keeping trusts off the title (i.e., the Register)
The land registration may allow certain equitable interests attached to the land hidden from a purchaser’s view.
This ‘curtain,’ however, does not affect the validity of any transaction on the registered land so long as the details of the registration reflects the validity of the title.
What is the land registration underpinned by?
A sound system of land registration is underpinned by three principles:
the insurance principle;
the curtain principle, and;
the mirror principle.
What is the insurance principle?
The insurance principle refers to the guarantee secured by the State that any loss incurred by a registered land resulting from reliance on the conclusiveness of the land Registry by a land purchaser will be compensated through a statutory indemnity system.
