Registered Land Flashcards
What is first registration?
Process by which unregistered land gets converted into registered land
What does it mean for land to be registered?
The title to the ‘registered’ land is entered in a registered maintained by HM Land Registry
What is the ‘mirror principle’?
The register should be an actual snapshot/mirror of the interest and 3rd party rights so anyone can look at the register and find out anything they want. HOWEVER interests that override provide ‘a crack in the mirror’
What is the ‘curtain principle’ (overreaching)?
Any beneficiary trusts are not usually registered on the title, the curtain of registration obscures
What is the insurance/indemnity principle?
The guarantee of the accuracy of the register by the government
Which act repealed and replaced the Land Registration Act (LRA) 1925?
LRA 2002
At what date was the LRA 1925 no longer legally effective?
13 October 2002
Has the Law and Property Act (LPA) 1925 been repealed and replaced?
No
When you own registered land, what two types of estates can it be?
Freehold or Leasehold
What are the three different types of interests for registered land?
- Registerable interest (LRA 2002, s.27)
- Interests protected by entry (Notice - LRA 2002, ss 32-39 OR Entry - LRA 2002 ss 40-47)
- Interests that override (LRA 2002, Sch 1 & 3)
When would someones interests become automatically binding for interests that override?
If someone has a beneficial interest under a trust (express or implied) and they also live at the property, their interest automatically becomes binding and overriding on purchasers
Where can ‘interests that override’ be found?
On the register of title - only found out by actually visiting the property and asking questions and looking around to see if anyone lives there
What is ‘fee simple absolute in possession’ and what statute defines it?
This is ‘freehold’ which is an estate of an unlimited duration. This is defined under LPA 1925 s.1(1)(a)
What is ‘terms of years absolute’ and what statute defines it?
This is ‘leasehold’ which is an estate in law for a fixed period of time. This is defined under LPA 1925, s.1(1)(b).
Can first registration be reversed?
No
What are the two different categories for first registration?
- Compulsory (legal obligation to register the land; by far the more important) - s.4 LRA 2002
- Voluntary (where the legal title holder doesn’t have to register but has to)
When is compulsory first registration triggered or activated?
By certain dealings with unregistered land such as being sold, mortgaged, leased for more than 7 years or transferred by way of gift
What is compulsory first registration?
That there is a legal obligation that the owner of the land has to register it (s.4 LRA 2002). There is a financial sanction implemented if they do not register it
Once the obligation arises for compulsory registration, how many months do you have to register the land?
There is a time limit of 2 months to register, if registered after that 2 months (s.6(4) LRA 2002) there would be a financial fine
Who can extend the 2 month time period for compulsory registration?
The Land Registrar
Where is possessory title awarded?
Where there is insufficient documentary evidence title/ownership on an application for first registration;
Where the person first registering title cant prove their ownership with reference to the title deeds that they have good root of title;
where a squatter steals land and claims ownership of it because a squatters ownership is not based on title deeds
What is qualified title?
Where there are defects in the title which the details would be registered on the register
When would qualified title be awarded?
Where a purchaser hasn’t undertaken full investigation of title of unregistered land so they’ve accepted a short root of title as opposed to the good root of title
What is the key provision which outlines land that is already registered?
S.27 LRA 2002
If certain dealings with registered land have to be completed by registration and have not been registered, would they be effective?
They will only be effective in equity and will not operate at law until you register them (as stated under s.27(1) LRA 2002)
What statute lays out a list of dispositions (in the case of a registered estate) which are required to be completed by registration?
S.27(2)(a) and (b) LRA 2002
In the case of a registered estate, what dispositions are required to be completed by registration as stated under s.27(2) LRA 2002?
(a) a transfer of a freehold estate following sale - failure to register means you wont become the legal owner
(b) where the registered estate is a lease relating to registered land which is above 7 years in duration
(ii) reversionary leases: leases which do not start until three months or more have elapsed must also be registered
What is the exception to reversionary leases (found in s.27(2)(ii))?
Where any leases that are less that 7 years ordinarily don’t need to be registered but would have to be registered if it does not start immediately and if it doesn’t start until 3 months in the future
Do leases under 7 years need to registered?
No as they are automatically registered. If they exceed 7 years, then they would have to be registered
As well as registering the estate (freehold or leasehold), do you need to register certain interests too?
Yes
What sub section under s.27(2) LRA 2002 lists the interests which need to be registered?
s.27(2)(d) and (f) LRA 2002
Under s.27(2) LRA 2002 what are the interests which need to be registered?
s. 27(2)
(d) the express grant or reservation of an interest of a kind falling within s.1(2)(a) of the Law of Property Act 1925 (i.e. a legal easement)
(f) the grant of a legal charge (i.e. a mortgage)
Who’s responsibility is it to register their interest as a legal easement?
The person who benefits from the easement
Who’s responsibility is it to register their legal charge, the mortgagee or the legal owner?
The mortgagee (the bank or building society) would register their interest, not the legal owner
What statute defines the effect of registering a registrable estate or interest?
s.29 LRA 2002 (where if you register under s.29, the interest would get protected priority and will bind the purchaser and mortgagee)
What happens is an easement is not registered in line with s.27?
The easement will be an equitable interest rather than a legal one. Therefore the easement would be more vulnerable and less protected
Under s.29(2)(a) the priority of an interest is protected and will bind any subsequent purchaser, mortgagee or any disponee under what circumstances?
If the interest
(i) is a registered charge or subject of a notice in the register
(ii) falls within the paragraphs of Schedule 3 (overriding interests)
What part of the Land Registry would registered legal easements (in accordance with s.27(2)(d) LRA 2002) show up on for the burdened property (the servient tenant)?
Under the ‘Charges Register’ for the burdened party
What part of the Land Registry would registered legal easements (in accordance with s.27(2)(d) LRA 2002) show up on for the benefited property (the dominant tenant)?
Under the ‘Property Register’ for the benefited party
What part of the Land Registry would the details of the mortgage be entered into of the mortgagors (borrowers) register?
Under the ‘Charges Register’ of the affected property (to their land or property)
What ‘interests’ are they referring to when talking about ‘interests protected by entry’?
Restrictive covenants
Equitable easements
Estate contracts
Home rights (Family Law Act 1996)
Is there a statutory list telling us which interests fall into ‘interests protected by entry’?
No
What happens if an easement not created by deed (as required by LPA 1925, s.52) and is not registered (as required by LRA 2002, s.27(2)(d))?
By default, the easement with be equitable rather than legal and must therefore be protected by entry of notice as it cannot be protected by registration
Do you protect the interests which fall into ‘entry of notice’ by registering them?
No, you protect them by entering them onto the register of title either by noting them or entering the on the register of estate.
What are the two types of entry for interests protected by entry?
Entry of notice
Entry of restriction
Are entry of notice and entry of restrictions, interests?
No, they are means of protecting other interests
Which interests can be protected by entry of notice?
The type of entry, restrictive covenants, equitable easements and estate contracts
What provision governs entry of notice?
LRA 2002, ss32-39
Define entry of notice (as found under ss.32(1) LRA 2002)
A notice is an entry in the register in respect of the burden of an interest affecting a registered estate or charge
Where are entry of notices registered on the Land Registry of the burdened estate?
Into the ‘Charges Register’ (if its there it has been registered, if it is not there it has not been registered)
What happens if an interest falls under ss.33 LRA 2002 for entry of notice?
You cannot use notice to protect them. An example of an excluded interest found under ss.33 is a beneficiaries beneficial interest over an express or implied trust of land
What is the difference between an agreed notice and a unilateral notice (found under ss34(2)(a) and 34(3)(c) (agreed notice) and ss34(2)(b), 35 and 36 (unilateral notice))?
Agreed notice: notices which require the legal title holder (proprietor) to consent to their entry (s.34(2)(a) LRA 2002) Unilateral notice (b): notice which can be registered without the legal title holders (proprietor) consent (but they do have to be informed that someone has protected that interest)
Who can override the legal title holder and register the interest for an agreed notice under s.34(3)(c)?
The Land Registrar. Where they are satisfied as to the validity of the applicants claim, an agreed notice can be entered without a registered proprietor (legal title holders) consent
Can the proprietor (legal title holder) apply for a unilateral notice to be cancelled after it has been registered without their consent?
Yes, hence why the registrar informs them of the register in the first place to give them a chance to cancel the notice.
Where do home rights (found under the Family Law Act 1996) arise?
From the spousal relationship or the formal civil partnership between the couple, NOT from any contribution (financial or otherwise) to the matrimonial or family home by the non-owning spouse or civil partner
Can a non-owning spouse or civil partner have home rights under statute and a beneficial interest under a trust of the same property?
Yes, if the paid towards the trust they would have both a beneficial interest. They would also have home rights under statute for being married to their spouse or civil partner.
You can only apply for home rights if you meet the criteria set out in what provision?
Family Law Act 1996, s.30(1)
What criteria must be met under s.30(1) of FLA 1996 for someone to apply for home rights?
(a) One spouse of civil partner (the owning spouse or civil partner aka the legal titleholder) is entitled to occupy a dwelling-house (residential property) by virtue of –
(i) A beneficial estate or interest or contract (or the legal title to the property); and]
(ii) The other spouse or civil partner is not so entitled (the non-owning spouse or civil partner cannot be a legal title holder to the property – if they are, they do not qualify for these rights).
So where one spouse or civil partner holds title to dwelling house, which the couple occupy as their home, the other non-owning spouse or civil partner will enjoy home rights in relation to that property
Which sections of the FLA 1996 do you need to satisfy to have benefits of ‘home rights’?
S.30(1) and s,30(7) of FLA 1996
What rights do non-owning spouses of civil partners have under s.30(2)(a) and (b) FLA 1996?
(a) if in occupation, a right not to be evicted or exclude from the dwelling-house or any part of it by the owning spouse or civil partner except with the leave of the court given by an order under s.33 - applies if they live at the property, it preserves their right of occupation
(b) if not in occupation (the spouse or civil partner) has a right with the leave of the court so given into and occupy the dwelling-house