The Registered System of Land Flashcards
(16 cards)
What should you do before classifying the interest within the registered land system?
Identify the type of third party interest; Has it been created with the correct formalities? Then classify as one of the following…
Registrable dispositions?
Registrable Disposition s.27 LRA 2002: (most legal interests)
i. Legal easements (expressly by deed)
ii. Legal charges (i.e. mortgages)
iii. Legal lease > 7 years
Interests affecting a registered estate (IARE)?
IARE – all other interests (most equitable interests)
i. Estate contract
ii. Equitable easements
iii. Restrictive covenants
iv. FLA right (s.31 FLA: cannot be protected by Sch 3 para 2)
Interest of beneficiary under a trust of land?
Express trust, implied trust (resulting or constructive)
Cannot be protected by a notice (s.33)
Overriding Interest?
b. Overriding interest Sch 3 LRA 2002, Paras 1-3: (both legal and equitable interests)
i. Legal lease for 7 years or less (Sch 3 Para 1; if created before 13/10/03 Sch 12 Para 12)
ii. Interests of persons in AO (Sch 3 Para 2) (see conditions below)
iii. Legal easements (prescription/implied on sale of part), provided (Sch3 para 3(1):
1. Within actual knowledge of buyer; or
2. Obvious on a reasonably careful inspection of the land; or,
3. Used within the past year
How to bind the buyer with a registrable disposition?
Must be registered at Land Registry by date of registration of buyer as new owner (s.29) - only legal at this point (deed insufficient)
How to bind buyer with Overriding interest?
Must exist by date of registration of buyer as new owner – need NOT be registered
i. BUT – for Sch 3 para 2: by completion of sale (see Abbey National v Cann) (this is the relevant date for assessing Actual Occupation)
How to bind buyer with trust interest?
i Recorded by a restriction (s.40 LRA 2002) will alert the buyer to need to overreach (ss2, 27 LPA 1925 - buyer pays all purchase monies to all trustees being at least 2 in number).
ii. If the buyer fails to overreach they will be prevented from registering the purchase
iii. If there is no restriction recorded, the trust interest might be overriding under Sch3 para2 and need overreaching if buyer is to purchase free of interest
How to bind buyer with IARE?
Must be registered as a notice on charges register (s.32 LRA) by date of registration of buyer as new owner (s.29)
What about easements that were overriding under the old law?
Continue to override (Sch 12 para 9)
What about legal leases for 21 years or less granted before 13/10/03
Continue to override (Sch 12 para 12)
Sch 3 para 1
Legal lease for 7 years or less. Must exist by time of registration of buyer as new owner.
What if a legal lease for 21 years or less created before 13th October 2003?
Overriding still under Sch 12 para 12.
What if implied/prescription easement created before 13/10/2003?
Still overriding under Sch 12 para 9
What if implied/prescription easement created between 13/10/2003 and 13/10/2006?
Overriding under Sch 3 para 3 LRA 2002, but does not have to satisfy the three conditions.
What are the three conditions for an easement under Sch 3 para 3, created post-13/10/2006?
a) it would have been obvious on a reasonably careful inspection of the land, or
b) The buyer actually knew about it, or
c) Person claiming right can prove that he has exercised the right in the year prior to the sale to the buyer
