Registration Flashcards
(30 cards)
What is the act that deals with Land Registration?
Land Registration Act 2002.
What creates and transfers rights (titles) to land?
Registration.
When does a deed for the disposition of a registered estate or registered charge have an effect in law? What statute and section dictate this?
It only has effect in law when it is registered via the Land Registration Act 2002, s27.
When does a deed for the disposition of a registered estate or a registered charge have an effect in equity?
After the deed is executed.
Do legal easements need to be registered?
Yes.
LRA 2002, s58. Paraphrase.
If a deed wouldn’t have otherwise been valid it will be valid once it has been registered.
If forged documents are registered does title in the land still pass? Are there any remedies to reverse this?
Yes and yes.
How does the defence of bona fide purchase operate in land law?
It does NOT operate at all.
LRA 2002, ss 28, 29.
If a disposition of a registered estate is made for valuable consideration it takes priority over any interest unless it is protected.
Which case illustrates that knowledge and notice of a previous unregistered in a land are irrelevant? Give facts briefly.
Midland Bank Trust Co Ltd v Green. Son had option to purchase but father wanted to get out so he realised his interest was not registered so he sold land to his wife to cancel interest.
What older interests are protected even after land registration took place?
1) A registered charge or a registered interest.
2) Anything that falls within the paragraphs of schedule 3 (like someone who has actual occupation).
3) Leaseholds that are under 8 years.
What is the general rule regarding interests in land that come prior to a later disposition? Are they cancelled? What act and section address this?
The general rule is that they win over later dispositions so no they are not cancelled. LRA 2002, s28.
LRA 2002, s29.
If a 1) registrable disposition of a registered estate is made for 2) valuable consideration, 3) completion of the disposition by registration has the effect of postponing to the interest under the disposition any interest affecting the estate immediately before the disposition whose priority is not protected at the time of registration.
What are registrable dispositions? Name them. What act and section defines what registrable dispositions are?
Interests that have to be registered. They are 1) transfer (of an interest), 2) grant of a lease for more than 7 years, 3) express grant or reservation of easement, and 4) grant of a legal charge ie mortgage (LRA 2002, s27).
What is valuable consideration as mentioned in s29 LRA 2002? Which act and section clarify this?
Valuable consideration does not include marriage consideration or a nominal consideration in money (LRA 2002, s132) (negative definition).
What is completion by registration?
Registering the interest in the register.
What happens when LRA 2002, s29 is satisfied?
The earlier interest is postponed if it is not registered and therefore is not protected.
LRA 2002, s29(2).
A priority of an interest is protected if 1) it is a registered charge or 2) subject to a notice in the register, and 3) falls within schedule 3 (like actual occupation).
LRA 2002, s29(4).
If a lease does not have to be registered it has effect as if 1) it has been registered, and 2) it has been registered at the time of the grant.
Barclays v Zaroovabli.
Z granted charge to B and then granted lease to P in 1988 without B’s permission. B registered charge in 1994 and wants to enforce mortgage. Mrs P wins. Ratio: P had first registrable interest.
What is a registered charge? What act/section clarifies this?
Charge means any mortgage, charge, or lien for securing money or money’s worth. Registered means it is entered into the register (LRA 2002, s132).
What is the effect of the notice in the register?
Notice does not mean you have the interest (unlike registration), but if you do have it, it will protect it.
LRA 2002, s33.
1) an interest under a trust of land, 2) a leasehold estate in land which is granted for a term of three years or less and is not required to be registered, and 3) a restrictive covenant made between a lessor and a lessee relating to the demised premises.
What is a restriction?
A restriction may prohibit the making of an entry in respect of any disposition, or a disposition of a kind specified in the restriction… indefinitely, for a period specified in the restriction, or until the occurrence of an event so specified.
