Registered Land Flashcards
Register reflects the totality of the rights concerning the title
Certain types of interest should not inconvenience the purchaser
Compensation payable for loss suffered by reason of guarantee of title
When was compulsory registration introduced?
1990 by the Land Registration Act, before this it was voluntary (MAY BE WRONG)
What is the register comprised of?
Property Register: description of property
Proprietorship Register: details of registered owner, nature of title
Charges Register: charges, encumbrances affecting the land
Can be voluntary or compulsory, triggers for compulsory registration:
- ) Transfer of a qualifying estate
- ) Grant out of a qualifying estate of a leasehold estate of more than 7 years
- ) Creation of a protected first legal mortgage of a qualifying estate
What is a qualifying estate?
Unregistered Legal estate which is: -
- Freehold estate
- Leasehold estate which at time of transfer/grant/creation has more than 7 years to run
Duty to apply?
The period for registration is two months after transfer/grant/creation S4((4))
Effect of failure?
Failure to register means the transfer/grant/creation of legal estate becomes void (S7)
(still effective in equity though)
Subsequent dealings with a registered estate?
Future dealings must be completed by registration including:
- 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
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
- ) Correction of a mistake AND
2. ) Correction prejudicially affects the title of the registered proprietor
Re 139 Deptford High Street, Ex Parte BTC
Facts: - Application for rectification of the register due to a mistake
L.P: - Purchaser had substantially contributed to the mistake in registration