Registered Land Flashcards

1
Q

What is first registration?

A

Process by which unregistered land gets converted into registered land

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2
Q

What does it mean for land to be registered?

A

The title to the ‘registered’ land is entered in a registered maintained by HM Land Registry

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3
Q

What is the ‘mirror principle’?

A

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’

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4
Q

What is the ‘curtain principle’ (overreaching)?

A

Any beneficiary trusts are not usually registered on the title, the curtain of registration obscures

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5
Q

What is the insurance/indemnity principle?

A

The guarantee of the accuracy of the register by the government

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6
Q

Which act repealed and replaced the Land Registration Act (LRA) 1925?

A

LRA 2002

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7
Q

At what date was the LRA 1925 no longer legally effective?

A

13 October 2002

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8
Q

Has the Law and Property Act (LPA) 1925 been repealed and replaced?

A

No

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9
Q

When you own registered land, what two types of estates can it be?

A

Freehold or Leasehold

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10
Q

What are the three different types of interests for registered land?

A
  1. Registerable interest (LRA 2002, s.27)
  2. Interests protected by entry (Notice - LRA 2002, ss 32-39 OR Entry - LRA 2002 ss 40-47)
  3. Interests that override (LRA 2002, Sch 1 & 3)
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11
Q

When would someones interests become automatically binding for interests that override?

A

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

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12
Q

Where can ‘interests that override’ be found?

A

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

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13
Q

What is ‘fee simple absolute in possession’ and what statute defines it?

A

This is ‘freehold’ which is an estate of an unlimited duration. This is defined under LPA 1925 s.1(1)(a)

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14
Q

What is ‘terms of years absolute’ and what statute defines it?

A

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).

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15
Q

Can first registration be reversed?

A

No

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16
Q

What are the two different categories for first registration?

A
  1. Compulsory (legal obligation to register the land; by far the more important) - s.4 LRA 2002
  2. Voluntary (where the legal title holder doesn’t have to register but has to)
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17
Q

When is compulsory first registration triggered or activated?

A

By certain dealings with unregistered land such as being sold, mortgaged, leased for more than 7 years or transferred by way of gift

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18
Q

What is compulsory first registration?

A

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

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19
Q

Once the obligation arises for compulsory registration, how many months do you have to register the land?

A

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

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20
Q

Who can extend the 2 month time period for compulsory registration?

A

The Land Registrar

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21
Q

Where is possessory title awarded?

A

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

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22
Q

What is qualified title?

A

Where there are defects in the title which the details would be registered on the register

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23
Q

When would qualified title be awarded?

A

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

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24
Q

What is the key provision which outlines land that is already registered?

A

S.27 LRA 2002

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25
Q

If certain dealings with registered land have to be completed by registration and have not been registered, would they be effective?

A

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)

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26
Q

What statute lays out a list of dispositions (in the case of a registered estate) which are required to be completed by registration?

A

S.27(2)(a) and (b) LRA 2002

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27
Q

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) 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

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28
Q

What is the exception to reversionary leases (found in s.27(2)(ii))?

A

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

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29
Q

Do leases under 7 years need to registered?

A

No as they are automatically registered. If they exceed 7 years, then they would have to be registered

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30
Q

As well as registering the estate (freehold or leasehold), do you need to register certain interests too?

A

Yes

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31
Q

What sub section under s.27(2) LRA 2002 lists the interests which need to be registered?

A

s.27(2)(d) and (f) LRA 2002

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32
Q

Under s.27(2) LRA 2002 what are the interests which need to be registered?

A

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)

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33
Q

Who’s responsibility is it to register their interest as a legal easement?

A

The person who benefits from the easement

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34
Q

Who’s responsibility is it to register their legal charge, the mortgagee or the legal owner?

A

The mortgagee (the bank or building society) would register their interest, not the legal owner

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35
Q

What statute defines the effect of registering a registrable estate or interest?

A

s.29 LRA 2002 (where if you register under s.29, the interest would get protected priority and will bind the purchaser and mortgagee)

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36
Q

What happens is an easement is not registered in line with s.27?

A

The easement will be an equitable interest rather than a legal one. Therefore the easement would be more vulnerable and less protected

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37
Q

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?

A

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)

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38
Q

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)?

A

Under the ‘Charges Register’ for the burdened party

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39
Q

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)?

A

Under the ‘Property Register’ for the benefited party

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40
Q

What part of the Land Registry would the details of the mortgage be entered into of the mortgagors (borrowers) register?

A

Under the ‘Charges Register’ of the affected property (to their land or property)

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41
Q

What ‘interests’ are they referring to when talking about ‘interests protected by entry’?

A

Restrictive covenants
Equitable easements
Estate contracts
Home rights (Family Law Act 1996)

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42
Q

Is there a statutory list telling us which interests fall into ‘interests protected by entry’?

A

No

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43
Q

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))?

A

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

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44
Q

Do you protect the interests which fall into ‘entry of notice’ by registering them?

A

No, you protect them by entering them onto the register of title either by noting them or entering the on the register of estate.

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45
Q

What are the two types of entry for interests protected by entry?

A

Entry of notice

Entry of restriction

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46
Q

Are entry of notice and entry of restrictions, interests?

A

No, they are means of protecting other interests

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47
Q

Which interests can be protected by entry of notice?

A

The type of entry, restrictive covenants, equitable easements and estate contracts

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48
Q

What provision governs entry of notice?

A

LRA 2002, ss32-39

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49
Q

Define entry of notice (as found under ss.32(1) LRA 2002)

A

A notice is an entry in the register in respect of the burden of an interest affecting a registered estate or charge

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50
Q

Where are entry of notices registered on the Land Registry of the burdened estate?

A

Into the ‘Charges Register’ (if its there it has been registered, if it is not there it has not been registered)

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51
Q

What happens if an interest falls under ss.33 LRA 2002 for entry of notice?

A

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

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52
Q

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))?

A
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)
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53
Q

Who can override the legal title holder and register the interest for an agreed notice under s.34(3)(c)?

A

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

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54
Q

Can the proprietor (legal title holder) apply for a unilateral notice to be cancelled after it has been registered without their consent?

A

Yes, hence why the registrar informs them of the register in the first place to give them a chance to cancel the notice.

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55
Q

Where do home rights (found under the Family Law Act 1996) arise?

A

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

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56
Q

Can a non-owning spouse or civil partner have home rights under statute and a beneficial interest under a trust of the same property?

A

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.

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57
Q

You can only apply for home rights if you meet the criteria set out in what provision?

A

Family Law Act 1996, s.30(1)

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58
Q

What criteria must be met under s.30(1) of FLA 1996 for someone to apply for home rights?

A

(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

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59
Q

Which sections of the FLA 1996 do you need to satisfy to have benefits of ‘home rights’?

A

S.30(1) and s,30(7) of FLA 1996

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60
Q

What rights do non-owning spouses of civil partners have under s.30(2)(a) and (b) FLA 1996?

A

(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

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61
Q

Is it s.30(2)(a) or s.30(2)(b) of the FLA 1996 which outlines the rights non-owning spouses have if they are already in occupation?

A

S.30(2)(a) FLA 1996

62
Q

Is it s.30(2)(a) or s.30(2)(b) of the FLA 1996 which outlines the rights non-owning spouses have if they are not currently in occupation but want to be?

A

S.30(2)(b) FLA 1996

63
Q

Does civil partners or spouses falling out satisfy the requirement to terminate home rights under FLA 1996?

A

No, even moving out of the home wont satisfy the requirements. The spouses and civil partners home rights will be terminated if they are divorced, separated or upon one of the spouses deaths.

64
Q

How are home rights protected?

A

These interests are protected by entry

65
Q

Under s.31(2) of the FLA 1996, what are home rights classed as?

A

They are classes as a charge on the estate or interest

66
Q

Under s.31(10) FLA 1996, what happens if the title to the legal estate is registered?

A

(a) registration of a land charge affecting the dwelling-house by virtue of this part is to be affected by registering a notice… the only way of protecting these interests is by entry of notice
(b) a non-owning spouse/civil partners home rights are not capable of falling within the LRA 2002, Sch 3 para 2 (i.e. they cannot ever be automatically protected by overriding interests)

67
Q

Under FLA 1996, can a non-owning spouse or civil partners rights be automatically overriding?

A

No as they are not capable of falling within Sch 3, Paragraph 2 of the LRA 2002

68
Q

Under rule 80 of the Land Registration Rules 2003, what type of notice must be used by a non-owning spouse seeking to protect their home rights by entry of notice.

A

An ‘agreed notice’ must be used (set of rules which supplement the LRA 2002, s.32 and s.34)

69
Q

Does an agreed notice require the permission of the proprietor (legal title holder or owning spouse/civil partner)

A

They generally require the permission off the proprietor however if the registrar is satisfied as to the validity of the applicants claim, an agreed notice can be entered without the registered proprietors consent (s.34(3)(c))

70
Q

Under s.34(3)(c), when can the registrar approve an application for an agreed notice?

A

Where the registrar is satisfied as to the validity of the applicants claim; where even if the husband or wife who owns the property does not wish to agree to protect the others interest and do not agree, the land registrar can override that and still protect it

71
Q

If home rights are protected against your house, are they binding on the subsequent purchaser, mortgagee or disponee of the house?

A

They would be binding and therefore subject to that right and would have to let someones husband or wife continue living in the house

72
Q

Under what provision are home rights binding if the non-owning spouse or civil partners home rights are protected by entry of notice ?

A

Under s.29(2)(a)(i) these rights will bind any purchaser, mortgagee and disponee

73
Q

What can you do if you discover there is a protected interest on the property you wish to purchase?

A

You would get the person with the protected interest to sign a disclaimer (a written agreement whereby they’d sign to say that they will not enforce their right to live at the property against the purchaser)

74
Q

When would you use an entry of restriction?

A

Where the property is subject to an implied or expressed trust where a beneficiary under a trust cannot protect their interest under entry of notice (s.33 LRA 2002) but they can enter a restriction

75
Q

What provisions do entry of restrictions come under?

A

LRA 2002, ss40-47

76
Q

What is an entry of restriction under s.40(1) LRA 2002?

A

A restriction is an entry in the register regulating the circumstances in which a disposition of a registered estate or charge may be the subject of an entry in the register - restricts or limits what the legal title holder can do with the property

77
Q

Under s.40(2) LRA 2002, a restriction can impose what type of limitations?

A

(b) prohibit the making of entry
(i) indefinitely
(ii) for a period specified in restriction
(iii) until the occurrence of an event so specified

78
Q

Where an obligation to register arises on the transfer of an unregistered estate, for example following sale, who is required to apply for first registration?

A

The new owner (e.g. a freehold estate or the tenant of a new lease) is who must make the application

79
Q

In relation to compulsory first registration, how long does a person have to seek registration?

A

The application for first registration must be lodged in the Land Registry within three months of they date of the purchase deed, otherwise the transaction becomes void

80
Q

What are the consequences of failing to register within the time frame specified by the Land Registration Act 2002?

A

It becomes void in regards to the transfer or creation of a legal estate or mortgage. The legal estate reverts to the person transferring it (who then, however, holds it on a trust for the intended recipient)

81
Q

What are the effects of registration?

A

A change made to the articles of association takes effect once it has been registered (for example the financial period, company name, or place of registered office). An increase or reduction of the share capital takes effect upon registration

82
Q

What are the effects of non-registration?

A

Unregistered land: this will be a building, land or both that despite being legally owned has not been bought, sold or had any other transactions since the compulsory registration date for your area

83
Q

Does granting a legal lease over the land/property for a term of 5 years to a tenant trigger first registration?

A

No, because it is less than 7 years

84
Q

What was the ratio is Williams & Gylns Bank v Boland?

A

The wife’s beneficial interest was overriding by virtue of her actual occupation. The banks action for possession was therefore unsuccessful

85
Q

What is a land register?

A

An open register where you can see the ownership of the land

86
Q

What act put the land registered system in place?

A

LRA 1925

87
Q

What act repealed and replaced the LRA 1925?

A

LRA 2002

88
Q

Was the Law of Propery Act 1925 repealed and replaced?

A

No, it still acts alongside the LRA 2002

89
Q

What are the main transfers which trigger compulsory first registration?

A
  • the transfer of sale of unregistered land
  • granting a lease of more than 7 years
  • mortgage: the bank needs to take title deeds to trigger compulsory first registration
90
Q

Why do people not usually voluntarily first register their properties?

A

They can pass the cost of registering onto someone else when they sell the property and therefore avoid paying the fee themselves

91
Q

How do you know if an interest is a registerable interest (encumbrance)?

A

If it is found under s.27(2)(a)-(f) LRA 2002 then it is a registrable interest. If it is not found under this provision, it is not a registrable interest

92
Q

How do you know if an interest is an interest that overrides (encumbrance)?

A

If it found under Sch 3 LRA 2002, paragraph 1-9 then the interest is overriding and will bind any purchaser, mortgagee or other disponee

93
Q

What section of the LRA 2002 covers if a registrable interest has been registered?

A

s.29(1) and (2) LRA 2002

94
Q

What section of the LRA 2002 covers if a registrable interest has not been registered?

A

s.27(1) LRA 2002 (if it is not registered then it would not take effect in law, only take in equity)

95
Q

How are registrable interests protected?

A

Protected by registering them (s.27(1) LRA 2002)

96
Q

What are interests protected by entry?

A

Types of entry which protect interests (entry of notice and entry of restriction)

97
Q

When should Sch 1 be used for interests that override?

A

If the land is unregistered

98
Q

When should Sch 3 be used for interests that override?

A

If the land is registered

99
Q

What section of the FLA 1996 says a non-owning spouse or civil partner has to protect their home rights using notice?

A

S.31(10)(a)

100
Q

Why cant a beneficial (equitable interest under a trust of land) be registered?

A

It is not in s.27(2)(a)-(f) LRA 2002. It would be protected by restriction as s.33 LRA 2002 does not allow it to be protected by notice

101
Q

How are estate contracts protected?

A

Entry of notice

102
Q

How are legal easements granted expressly by deed protected?

A

Entry of notice (s.27(2)(d) LRA 2002)

103
Q

How are equitable easements protected?

A

Entry of notice

104
Q

How are restrictive covenants protected?

A

Entry of notice

105
Q

If the interest is not registrable or overriding what provision do you look at to see if it is a restriction?

A

S.33 LRA 2002

if it is in this provision, it is a restriction, if it is not in here it is a notice

106
Q

What 3 parts make up the register of title?

A
  1. property register
  2. proprietorship register
  3. charges register
107
Q

Where can restrictions be found in the register of title?

A

Under the proprietorship register as a registrable interest (s.27 LRA 2002)

108
Q

Where would a legal mortgage (s.27(2)(f) LRA 2002) appear in the register of title?

A

Charges register where the bank register their interest

109
Q

Whats a restrictive covenant?

A

Stops you from doing something (not being able to be a shop)

110
Q

What is a positive covenant?

A

Where you have to do it, either by actually doing it or paying someone else to do it (e.g. maintaining a fence)

111
Q

How are restrictive and positive covenants protected and where can they be found in the register of title?

A

Protected by entry of notice and found in the charges register

112
Q

If an easement (a registrable interest - s.27(2)(d) LRA 2002) has burdened your land, what part of the register of title would it be found?

A

The charges register

113
Q

If an easement (a registrable interest - s.27(2)(d) LRA 2002) has benefited your land, what part of the register of title would it be found?

A

The property register

114
Q

What type of trust would someone who doesn’t have the legal title of the property have?

A

They will have an implied trust and have an equitable interest

115
Q

In what setting do resulting implied trusts take effect?

A

Commercial settings

116
Q

In what setting do constructive implied trusts take effect?

A

Domestic settings

117
Q

Should a lease for a term of 10 years granted in December 2013 be registered?

A

Yes, as it is over 10 years in duration - s.27(b)(i) LRA 2002

118
Q

Should a lease for 20 years granted in November 2000 be registered?

A

No, as it was made under the old act and only needed to be registered if the lease was over 21 years

119
Q

Should a lease for 20 years granted in Septemeber 2003 and sold in September 2014 be registered?

A

Yes, as the lease was granted under the old act (where it was under the threshold of 21 years); but was sold after the new law was implemented where the land was transferred; was 9 years at the time of the transfer, therefore, would need to be registered

120
Q

What is the title for someone who paid money towards the purchase of a property?

A

They would have an equitable title/interest due to the maxim of equity is equal. They would NOT be a legal title holder or proprietor.

121
Q

Where can the types of estates be found (freehold or leasehold) on the register of title?

A

In the property register

122
Q

Where can the grade/class of title (absolute, possessory and qualified title for freehold) be found on the register of title?

A

In the proprietorship register

123
Q

Can the interest of someone with an equitable interest be registered?

A

No, as she isn’t the legal owner

124
Q

Where would registerable interests be found on the register of title?

A

In the charges register

125
Q

How are both positive and restrictive covenants protected?

A

By entry of notice

126
Q

What section of the LRA 2002 outlines the legal owners/proprietor powers of their registered estate where they can for e.g. make any dispositions they like such as sale and mortgage?

A

s.23 LRA 2002

127
Q

Can restrictions limit what the legal owner can do?

A

Yes

128
Q

What schedules deal with interest that override?

A

Sch 1: first registration

Sch 3: registered dispositions

129
Q

What does Sch 3 of the LRA 2002 deal with?

A

Registered dispositions (applies when a registered estate is sold, mortgaged etc)

130
Q

Do you register interests that override?

A

No, they are automatically protected by statute and bind any purchaser, mortgagee and disponee

131
Q

Would a leasehold estate in land granted for a term which doesn’t exceed 7 years from the date of grant be overriding (ignoring any exceptions)?

A

Yes it would be overriding and automatically protected under Sch 3. This only applies for certain leases

132
Q

What type of easements are granted overriding status?

A

Under Sch3, overriding status is only given to the imply created legal easements which the purchaser either knows about or could have discovered by inspecting the land.
Overriding interests only apply for implied

133
Q

Are easements registered with deed, overriding interests?

A

No

134
Q

What provision states that an interest belonging at the time of the disposition to a person in actual occupation shall be overriding and you as a purchaser must let them to continue staying at the property as well as being the provision which states what interests belong to a person in actual occupation?

A

Sch 3 Para 2 LRA 2002

135
Q

What did the case of Strand Securities v Caswell and Another [1965] state?

A

The person with the interest was not living at the property, his daughter was, but some of his belongings were there
As the daughter lived at the property rent free, there was no interest and the legal owners interest and daughters interest was NOT overriding (within the meaning of s.70(1)(g))

Test:
You need an interest and occupation with the same person for their interest to be overriding

136
Q

What case states that you cannot claim occupation through your children and that children are merely shadows of their parents?

A

Hypo-Mortgage v Robinson [1997]

137
Q

What was the date that all of land in England and Wales would be subjected to compulsory registration?

A

1 January 19

138
Q

When did the LRA 2002 come into force?

A

13 October 2003

139
Q

What statute repealed and replaced the Land Registration Act 1925

A

Land Registration Act 2002

140
Q

What type of interest does someone have if they have a beneficial interest under a trust and also live at the property?

A

They have an overriding interest and automatically becomes overriding and binding on purchases

141
Q

What statute governs when you fail to protect an interest by notice by entering on register of title?

A

S.29(1) LRA 2002

142
Q

Where can an implied agreement only happen?

A

Only applies for mortgages, NOT for the sale of a property (Paddington)

143
Q

What would you find in the property register?

A

Geographical description of the property (aka the postal address); whether the land is freehold or leasehold

144
Q

What would you find in the proprietorship register?

A

Easements and/or covenants which benefit the land; legal owner (proprietor)

145
Q

What would you find in the charges register?

A

Encumbrances (mortgage; interests protected by entry of notice)

146
Q

What types of leases aren’t overriding under Sch 3 LRA 2002

A

Reversionary leases which don’t start for 3 months - s.27(2)(b)(ii)

147
Q

What does Sch 3 para 1 state for impliedly granted easements

A

(a) not protected if there was actual knowledge

(b) not protected if it would not have been obvious on reasonably careful inspection of land

148
Q

How can an overriding interest not be overriding?

A

Sch 3 Para 2 LRA 2002

(c) an interest (won’t be overriding)
(i) where occupation would not be obvious from an inspection
(ii) disposition (when a property is sold) is made without having actual knowledge

149
Q

What does s.41(1) LRA 2002 state

A

A person who appears to have sufficient interest in the restriction may be disqualified by the registrar. e.g. if the restriction requires consent by a named individual but they have have disappeared

150
Q

What provision states that an overriding interest is not binding if the seller/occupant of the house didn’t disclose their interest to the purchaser?

A

Sch 3 LRA 2002 Para 2(b)

151
Q

What provision states that an overriding interest is not binding if the purchaser of the house could have found out about the occupant’s occupation through a reasonable search at the time of the purchase

A

Sch 3 LRA 2002, Para 2(c)