Registered Land

Question 1

Mirror Principle:

Answer 1

Register reflects the totality of the rights concerning the title

Question 2

Curtain Principle

Answer 2

Certain types of interest should not inconvenience the purchaser

Question 3

Insurance Principle

Answer 3

Compensation payable for loss suffered by reason of guarantee of title

Question 4

When was compulsory registration introduced?

Answer 4

1990 by the Land Registration Act, before this it was voluntary (MAY BE WRONG)

Question 5

What is the register comprised of?

Answer 5

Property Register: description of property
Proprietorship Register: details of registered owner, nature of title
Charges Register: charges, encumbrances affecting the land

Question 6

First Registration?

Answer 6

Can be voluntary or compulsory, triggers for compulsory registration:

1. ) Transfer of a qualifying estate
2. ) Grant out of a qualifying estate of a leasehold estate of more than 7 years
3. ) Creation of a protected first legal mortgage of a qualifying estate

Question 7

What is a qualifying estate?

Answer 7

Unregistered Legal estate which is: -

• Freehold estate
• Leasehold estate which at time of transfer/grant/creation has more than 7 years to run

Question 8

Duty to apply?

Answer 8

The period for registration is two months after transfer/grant/creation S4((4))

Question 9

Effect of failure?

Answer 9

Failure to register means the transfer/grant/creation of legal estate becomes void (S7)
(still effective in equity though)

Question 10

Subsequent dealings with a registered estate?

Answer 10

Future dealings must be completed by registration including:

• Transfer
• Grant of various leases
• Grant of easements and rent charges
• Grant of legal charge

Transfer operates only in equity until application is made for registration

Question 11

Alteration?

Answer 11

1.) Correcting a mistake
2.) Bringing the register up to date
3.) Giving effect to any estate, right or interest expected from the effect of registration
Schedule 4 Land Registration Act 2002

Question 12

Rectification?

Answer 12

1. ) Correction of a mistake AND

2. ) Correction prejudicially affects the title of the registered proprietor

Question 13

Re 139 Deptford High Street, Ex Parte BTC

Answer 13

Facts: - Application for rectification of the register due to a mistake

Judgement: Allowed

L.P: - Purchaser had substantially contributed to the mistake in registration