Systems of Land Registration Flashcards
Systems of Land Registration
What are the two primary systems of land registration? What acts govern them?
(a) Unregistered Land: The Registry of Deeds governed by the Registration of Deeds (Ireland) Act 1707
(b) Registered Land: The Land Registry system governed by the Registration of Title Act 1964
Unregistered Land: The Registry of Deeds and Priorities
What Act helped reduce the risks of conveying unregistered land and what act updated this?
The Registration of Deeds (Ireland) Act 1707 helped reduce the risk of conveying unregistered land. Part 3 of the Registration of Deeds and Title Act 2006 helped replace the procedures in the Act:
Unregistered Land: The Registry of Deeds and Priorities
What are the features of the unregistered land system?
o The system doesn’t register title but registers a memorial of a document or deed
o Registration not compulsory but s.38(1) 2006 Act creates incentives by assigning the deeds a serial number and the priority of deeds is determined by the serial number assigned. Order of registration.
o Simple system of priority: first registered will prevail e.g. registered v unregistrable: registered prevails
o It replaces the equitable system of priorities, but still used: if no deeds are registered, equitable principles apply i.e. “ the first in time prevails” so earlier interests will defeat later interests (whether equitable or legal interest) except if it’s an earlier equitable interest and a later legal interest, the later legal interest only
takes priority if it’s obtained by a bona fide purchaser for value w/o notice of the earlier interest.
Registered Land
What act governs registered land and what three types of registered interest are there? What provision provides security?
people can register their interest:
(a) Freehold interests (b) Leasehold interests (c) Incorporeal Hereditaments
One piece of land could have concurrent interests in all three registers. Once an interests is registered, it’s
then secure against purchasers of the land bc of the mirror principle in s.31 Registration of Title Act 1964.
Registered Land
What three scenarios require compulsory registration?
(i) Land conveyed under the Land Purchase Acts,
(ii) Land acquired by a statutory authority after 1964 commencement,
(iii) Any land in specified areas deemed ‘compulsorily registrable’ by Min for Justice or PRA. In fact, as
of 2011 compulsory registration applies to all counties
Property Registration Authority
What act established the Property Registration Authority and what does it do?
set up under the Registration of Deeds and Title Act 2006
(i) Set up in advance of e-conveyancing: keeping of the registers in electronic form + ability to search them online, digital mapping and provision for registration + transfer of registered land by electronic means
(ii) Its most important responsibility is to increase title registration and decrease the amount of “unregistered”
land in Ireland. It controls the Registry of Deeds and the Land Registry
The Mirror Principle
What is the The Mirror Principle and what provision contains it?
S.31 Registration of Title Act 1964 contains the mirror principle: it applies to registered land only and related
to the folio and land cert issued by the PRA. The folio/land cert is conclusive evidence of title.
o The folio or land cert is said to be a mirror of all rights relating to that piece of land. However, its subject
to exceptions or “cracks in the mirror”:
The Mirror Principle - Section 69 Burdens
What are these? how do they interact with the mirror principle?
These are 3rd party interests that must be registered with landowner and other interests parties’ consent in order
to be protected against future purchaser for value. If no consent given, must take proceedings.
o Mirror Principle in action: if the interest is not on the register, it does not bind purchasers.
o S.69(1) incl any encumbrance, charge, power to charge, trust, lien, lease, judgment, easement or covenant.
o Protection + Mirror principle: S.69 burden holders are protected against purchasers for no consideration whether or not interest is registered: this flies in the face of the mirror principle but reflects the laws
concern w incentivising market based transactions + protecting purchasers for value.
The Mirror Principle - Section 72 Burdens
What are these?
S.72 burdens bind purchasers whether registered or not: ‘overriding interests’ (override the register). Potential for inefficiency: it was intended to avoid overly cumbersome folios, but potentially opposite
o S.72(1): Reg land subject to following whether burdens reg or not: (i) easements (j) the rights of every
person in actual occupation of the land/in receipt of the rents, except if rights not disclosed on inquiry
The Mirror Principle - Section 72 Burdens - Issues
What is an issue with s.72(1)(i)? What case speaks to this?
S.72(1)(j)’s category displaces the doctrine of notice and replaces it with a higher standard.
Hunt v Luck [1902]
- A purchasers is fixed w constructive notice if he knew/would’ve known if such enquiries and inspections
had been made as ought reasonably to have been made
But s.72 goes further and binds the purchaser to rights of those in occupation of the land regardless of whether one could reasonably have known whether they were in occupation or not. Danger: Occupation need not be
constant/exclusive e.g. can live elsewhere and temporarily return and a purchaser may not be aware of this.
The Mirror Principle - Section 72 Burdens - Issues - Enquiries
Williams & Glyn’s Bank v Boland [1981]
UK - H sole registered owner. W contributed to price + mortgage so entitled her to beneficial interest. Held W’s actual occupation overrode bank’s mortgage rights even though H sole owner. Fact she was in occupation + never did anything to suggest she consented to the mortgage having priority over her rights is significant
The Mirror Principle - Section 72 Burdens - Issues - Enquiries
Kingsnorth Finance v Tizard [1986]
UK
H sole registered owner. W had beneficial interest. Split up but came back to house to mind kids. Held to have notice of her interest as the inspection was inadequate: it was at a prearranged time.
The Mirror Principle - Section 72 Burdens - Issues - Enquiries
Friends Provident Life v Doherty [1991]
IE
- H was registered owner of land + lived in it w his W. She was in actual occupation.
- H wanted mortgage on prop: W gave FHPA 1976 consent + H declared prop not bound by s.72 burdens
- H fell behind on mortgage, bank tried to take possession. W claimed they were bound by the burden in
s.72(j) as she heled an interest in the prop + was in actual occupation.
- Court accepted she did have actual occup + thus had a s.72 overriding interest but held her conduct led the
bank to believe there was no interest in the land in her favour thus estopped from enforcing the interest
As a result, it’s now common for registered landowners to sign declarations that there are no s.72 burdens.
The Mirror Principle - Ownership
How does the principle interact with ownership?
o May think mirror principle is straightforwardly applied in relation to ownership, but there’s cases where mere “ownership” rights on the folio doesn’t offer sufficient info in spite of the mirror principle.
o If one’s registered as absolute owner, buyers know they’re fee simple holders: straightforward. Issue if someone’s registered as limited owner: buyers know they’ve less than a fee simple, but don’t know precise
nature of limitation. Issue eased by LCLRA 2009: abolished certain estates. Trusts of land more common
The Mirror Principle - Trusts of Land
What issue commonly arises with trusts of land?
o Usually trusts of land aren’t marked on the folios: issue as trustee will be the registered owner and thus
free to deal w the land and the purchaser will be unaware of the beneficiaries (unless they’re occupying
the land/receiving rents or income, then s.72(1)(j) applies).
