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Registration of Property Rights Flashcards

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1
Q

first type of registration system

A

merchant shipping- established by the Navigation Act 1960

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2
Q

what is the second type of registration system

A

Intellectual Property Rights (intangible property)

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3
Q

what requires a specific registration system

A

tangible personal property:
cars- DVLA gives a document to show who is responsible for the vehicle
pets- registration is not proof of ownership

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4
Q

reasons for registration of title to land

A
  • could be an extensive ‘bundle of rights’ so investigation before purchase could be difficult
  • registration system means a purchaser can consult the register to find out about the title and land
  • transactions can be quick
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5
Q

what are the three principles of land registration

A

mirror principle
insurance principle
curtain principle

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6
Q

mirror principle

A

the register should reflect the totality of the rights and interests concerning a title of registered land

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7
Q

insurance principle

A

the accuracy of the register is guaranteed by the state and any inaccuracies will be altered or rectified and and person adversely affected will be compensated

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8
Q

curtain principle

A

the purchaser of land need not be concerned with interests that do not appear on the register

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9
Q

how does the Land Registration Act 2002

A

3 registers

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10
Q

what are the three registers

A

property register
proprietorship register
charges register

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11
Q

property register

A

shows what you are buying- describes land and estate comprised in the title and refers to a plan of the land

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12
Q

proprietorship register

A

tells you who the owner is and whether they can sell to you- specifies the class of title and identifies the owner

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13
Q

charges register

A

tells you about the rights in the home that will affect you after your purchase and contains any charges and other interests that affect the land

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14
Q

what section is the property register

A

s. 2 LRA 2002

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15
Q

what does the property register set out

A

estates and interests which are subject to substantive registration to their title numbers:
legal freeholds and legal leaseholds

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16
Q

what may be registered on the property register

A

legal freeholds/leaseholds if ‘granted a term of which more than seven years are unexpired’ s. 3(3)

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17
Q

what must be registered on the property register

A

legal freeholds/leaseholds on any transfer or grant of a leasehold for ‘more than seven years from the date of the grant’ s. 1(1)(c)(i)

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18
Q

s. 23(1)

A

sets out owners powers

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19
Q

s. 24

A

a person is entitled to exercise owners powers if he is the registered proprietor or entitled to be registered

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20
Q

s. 58(1)

A

gives title by virtue of registration as proprietor

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21
Q

s. 40

A

there are restrictions on dealings- a register entry regulating how changes can be made to the register

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22
Q

what is a notice

A

it protects the priority of a third party interest in registered land and appears on the charge register

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23
Q

s. 32

A

registerable interests in land can be entered on the register using a notice

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24
Q

what is on the charge register

A

entries that are made against a substantively registered title and they aren’t allocated a title number
e.g./ legal mortgages and charges, restrictive covenants and express legal easements

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25
the basic rule
an earlier interest takes priority used to settle disputes over land
26
special rule
allows a purchaser to get priority to take free of all unprotected existing interests
27
s. 29
special rule
28
overriding interest
the interest is enforceable, therefore binding a new purchaser of the land despite not appearing on the register
29
Schedule 1 LRA 2002
deals with interests which override a registered disposition of land
30
Schedule 3 LRA 2002
deals with interests which override a registered disposition of land
31
an interest belonging to someone in actual occupation of land conditions:
- the interest must be proprietary - the interest must belong at the time of the disposition to a person in actual occupation of the land (Sch 3, Para 2)
32
what effects actual occupation
the nature and state of the property affects the determination of actual occupation
33
case for derelict land
Malory Enterprises v Cheshire Homes [2002]
33
case for a metal staircase
Chaudhary v Yauvs [2011]
34
case for a house
Chhokar v Chhokar [1984]
34
case for assessing actual occupation
Link Lending v Bustard [2010]
35
factors of actual occupation decided in Link Lending
- degree of permanence and continuity - intentions and wishes - length of absence - nature of the property - personal circumstances
36
case for safeguards
Thomas v Clydesdale Bank Plc [2010]
36
s. 33
trust interests cannot be put on the register
37
why are trusts of the family home dangerous for purchasers
- a trust is created when someone who is not the legal owner contributes to the purchase price - trust interests cannot be put on the register
38
Sch 4, Paras 2 and 5 LRA 2002
pushes the land registrar to alter the register if needed
39
what are the 4 requirements for the land register to be altered
a) correcting mistake b) bringing the register up to date c) giving effects to any estate d) removing a superfluous entry
40
when can the register be rectified
it only applies to narrow circumstances: - correction of a mistake - if it prejudicially affects the title of a registered proprietor
41
Sch 4, Para 3(2) LRA 2002
if rectification affects the title of the proprietor of a registered estate, no order may be made without the proprietor's consent in relation to land in his possession
42
when is an order not made in relation to land possession
- proprietor has by fraud of lack of proper care caused or contributed to the mistake - it would for any other reason be unjust for the alteration not to be made
43
case for mistaken registration of freehold interest
Knights Construction v Roberto Mac [2011]
44
Sch 4, para 8
allows the court and the land registrar, when rectifying the register, to 'change for the future the priority of any interest affecting the registered estate or charge concerned'
45
case for alteration and rectification of the register
Gold Harp Properties Ltd v MacLeod [2014]
46
fraud
fraud has to be addressed by all systems in relation to all types of property
47
sale by fraudster to buyer
where the fraudster impersonates the true owner and the true owner and buyer are innocent parties
48
what title does the true owner get
static security
49
what title does the buyer get
dynamic security
50
nemo dat non quad habet
one cannot give what one does not own
51
underlying principle of unregistered land
if the seller or disponor has no title, the conveyance or disposition is void. it is irrelevant whether the buyer or disponee could to should have discovered this and the true owner keeps the title
52
s. 58
if the buyer is registered as proprietor, they become the owner
53
statutory magic
the legal ownership passes to the buyer
54
the case for fraud in registered land
Swift 1 Ltd v Chief Land Registrar [2015]
55
how is fraud dealt with in registered land
the defrauded true owner no longer has a proprietary right in the property which protects dynamic security
56
cases for when a buyer is not an innocent party
Rashid v Nasrullah [2018]
57
Schedule 8 LRA 2002
indemnity is only available, not alterations
58
indemnity
once the registrar or court have determined whether or not to rectify, the losing party may be able to seek an indemnity
59
how is indemnity paid for
decision to rectify- loss as a result of rectification (Sch 8, para 1(1)(a)) decision not to rectify- loss suffered when a mistake has occurred but decision is not to rectify the register (Sch 8, para 1(1)(b))
60
Sch 8, para 5
no indemnity due to loss as a result of a persons own fraud ot lack of proper care
61

Property Law (6 decks)

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