Registration

Question 1

What are 3 recurring module themes that surround the Land Law module?

Answer 1

1. Malleable concepts of property
2. Market logics in land law
3. Registration and its politics/morality

Question 2

How does possession of land differ to registration of land?

Answer 2

Possession is an empirically defined fact, with the citizen telling the state who owns the land

Registration is an administrative act, a state ordered political act, with the state telling the citizen who owns the land

Question 3

What were the aims of the Land Registration Act 1925?

Answer 3

1. Address the failures of the 1875 and 1897 Acts by moving away from an over-reliance on voluntary registration
2. To establish that interests can only bind future purchasers of land they have been created according to set formalities
3. To facilitate transactions in the market

Question 4

What defects exists in the Land Registration Act 1925?

Answer 4

1. Considerable litigation over status of overriding interests
2. Overly complex
3. Gap between transfer and registration
4. Issues with adverse possession

Question 5

Name 4 aims of the Land Registration Act 2002

Answer 5

1. Register should be a complete and accurate reflection of the state of title of land at any given time
2. The no. of overriding interest should be reduced or abolished
3. Further limits should be imposed on adverse possession
4. The Act should reflect advances in modern technology

Question 6

To achieve its aims, the LRA 2002 made registration compulsory on any event concerning the estate, including: (Give 3)

Answer 6

1. The making of a gift of an unregistered estate
2. The grant of a lease in excess of seven years to take effect immediately or to take effect in the future
3. The creation of the protected mortgage of a qualifying estate

Question 7

What effect did the duty to register under the LRA 2002 have?

Answer 7

• When unregistered land triggers compulsory registration, registration must take place within two months
• Failure to register within the timeframe will render the transfer void

Question 8

What 6 problems surround the issue of registration?

Answer 8

1. Complex, expert advice is needed
2. Incentivises litigation
3. Increases costs for landowners
4. Increased incidents of fraud
5. Technology Issues
6. Impact on property market and wider economy

Question 9

What are the two key benefits of the LRA 2002?

Answer 9

Supports home ownership

Supports the economy

Question 10

How does registration support home ownership?

Answer 10

The registration system makes land easier to deal with, also makes it more valuable

• Registration under the LRA 2002 supports home ownership and the secured credit market by:
  
  • providing state-backed registration (greater security of title)
  • Limiting the scope of adverse possession
  • Introducing certainty and simplicity into conveyancing

Question 11

How does registration support the economy?

Answer 11

Increases transparency
Reduces bribery
Incentivises investment
Enables the proper assessment of tax

Question 12

What is arguably the main role of registration?

Answer 12

Balance

Between the purchase, and those with property rights in the land

Question 13

What are the 3 underlying principles of registration?

Answer 13

Mirror principle
Curtain principle
Insurance principle

Question 14

What is the ‘crack in the mirror’?

Answer 14

These principles are not absolute - the LRA 2002 allows some kinds of property rights to exist “off the register”

Usually detectable by a physical inspection of the land e.g. short lease <7 years

Question 15

What can be registered?

Answer 15

Freeholds and leaseholds

Question 16

The register is organised into what 3 sections?

Answer 16

The Property Register
The Proprietorship Register
The Charges Register

Question 17

What is contained on the land register for each item?

Answer 17

Geographical description of the registered estate, including a title plan edged in red - records the benefit of any legal easement created by deed in favour of the land

Question 18

What information is stored on the proprietorship register?

Answer 18

1. Name and address of the owner of the registered estate
2. Any restrictions on ownership
3. Class of title awarded

Question 19

What information is stored on the Charges Register?

Answer 19

1. The negative aspects of the title e.g. any mortgages on the property
2. Any burden on the registered title that has been protected by an entry of notice e.g. leases, easements, freehold restrictive covenants etc.

Question 20

Why does formality matter?

Why might this be particularly relevant in land law/ property rights?

What is the most effective type of formality for this purpose?

Answer 20

The parties may need evidence of the existence of terms of the transaction to settle disputes in the future when memories have become unreliable

Because they tend to be of longer duration than personal rights

Requiring some permanent record

Question 21

Give the 4 parts of the conveyancing process

Answer 21

Step 0: Before Exchange
Step 1: Exchange of contracts
Step 2: Completion
Step 3: Registration

Question 22

What is happening at the ‘before exchange’ stage of the conveyancing process?

Answer 22

• Find a property, decide you like it, agree a price
• No legal commitments made at this stage so either party free to withdraw without experiencing any negative (legal) consequences

Question 23

What happens at the ‘exchange of contracts’ stage of the conveyancing process?

Answer 23

• This is when you commit yourself
• Deposit paid to seller
• enter contract, risk shifts to buyer, contract for sale/creation of interest in land must be in writing and signed

Question 24

What happens at the ‘completion’ stage of the conveyancing process?

Answer 24

• Balance is paid (first to seller’s mortgagee, then leftovers to seller)

Question 25

What happens at the 'registration' stage of the conveyancing process?

Answer 25

- Transfer of legal title takes place

Question 26

What are the two main problems of the conveyancing process?

Answer 26

The registration gap Indivisibility

Question 27

What stage does the 'registration gap' occur at in the conveyancing process?

Answer 27

Between completion and registration

Question 28

What stage does the 'indivisibility' problem occur at the conveyancing process?

Answer 28

Between exchange of contracts and completion

Question 29

What is the proposed solution to the 'registration gap' problem?

Answer 29

Electronic conveyancing

Question 30

What is adverse possession according to Pye v Graham?

Answer 30

Factual possession + Intention to possess (+ adverse/'without permission')

Question 31

Describe how the traditional doctrine of adverse possession works?

Answer 31

Stage 1: Both adverse possessor and original owner have title Stage 2: After 12 year, the adverse possessor has title and the LA 1980 takes effect for the original owner, limiting their title

Question 32

Describe how relativity of title changes in the process of adverse possession

Answer 32

Before the 12 year mark, the original owner has BETTER title than the adverse possessor, then after the 12 year mark, the adverse possessor has better title

Question 33

What did the LRA 2002 say about adverse possession?

Answer 33

- After 10 years adverse possession, adverse possessor can apply to chief register to initiate AP claim, and that registration is a source of title

Question 34

What is 'squatting'?

Answer 34

Entering into possession of land to which you do not have (good) legal title

Question 35

What was the law like around squatting pre-2002? What new legislation changed the law around squatting from 2002-2012? From 2012, what new introductions were made to the law around squatting?

Answer 35

1. - "Traditional" adverse possession along with the 1925 regime - Squatters rights and the criminal law 2. Land Registration Act 2002 3. Legal aid, and the Sentencing and Punishment of Offenders Act 2012 (LASPO)

Question 36

Under the current law, what can be done where squatting displaces a residential occupier?

Answer 36

Can ask squatter to leave, then call the police - Criminal Law Act 1977 s7

Question 37

Under the current law, what can be done to get rid of squatters where squatted premises are not occupied?

Answer 37

- Where damage or theft: can call police | - Where no damage/theft: evict squatter under common law

Question 38

What legislation prevents the violent eviction of squatters?

Answer 38

s6 of the CLA 1977 prevents the violent eviction of squatters

Question 39

The Land Registration Act 2002 gives adverse possessors the right to apply to be the registered proprietor after how long?

Answer 39

After 10 years

Question 40

Describe the process by which an adverse possessor can become the registered proprietor according to the LRA 2002

Answer 40

1. Apply to be registered proprietor after 10 years possession 2. Current RP and registered charge holders notified 3. If they oppose you , you will be refused 4. If nobody opposes, you become RP

Question 41

Give 2 criticisms of the LRA 2002

Answer 41

- Shift from moral failing of RP to the moral reprehensibility of trying to "get something for nothing" - Big picture thinking replaced by moral/aesthetic condemnation of squatters as a threat to society

Question 42

What did the Legal Aid, Sentencing and Punishment of Offenders Act 2012 do to the law around squatting?

Answer 42

Criminalised it

Question 43

What are the 2 main limits/challenges to registration?

Answer 43

Limits coming from fairness/equity Inherent limits of reasonableness of registration

Question 44

Estoppel and mutuality consider what kind of fairness?

Answer 44

The fairness of the "bargain"/transaction, not broader social fairness/equality

Question 45

What are the three requirements for estoppel?

Answer 45

- Assurance - Reliance - Detriment

Question 46

What changes did Schedule 3 make to overriding interests?

Answer 46

1. Reduces the class of potentially overriding interests and the circumstances when they'll do so