Registered Land Flashcards Preview

Land > Registered Land > Flashcards

Flashcards in Registered Land Deck (13)
Loading flashcards...
1

Mirror Principle:

Register reflects the totality of the rights concerning the title

2

Curtain Principle

Certain types of interest should not inconvenience the purchaser

3

Insurance Principle

Compensation payable for loss suffered by reason of guarantee of title

4

When was compulsory registration introduced?

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

5

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

6

First Registration?

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

7

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

8

Duty to apply?

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

9

Effect of failure?

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

10

Subsequent dealings with a registered estate?

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

11

Alteration?

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

12

Rectification?

1.) Correction of a mistake AND
2.) Correction prejudicially affects the title of the registered proprietor

13

Re 139 Deptford High Street, Ex Parte BTC

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

Judgement: Allowed

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