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SQE1: Land Law > Title to land > Flashcards

Title to land Flashcards

1
Q

What are the triggers requiring first registration, and when must that be?

A

Triggers requiring first registration:

  • When either FREEHOLD estate in land or a LEASE WITH MORE THAN 7 YEARS left to run is transferred (sale, gift, court order, assent etc)
  • Voluntary registration
  • New legal lease granted for more than 7 years
  • Creation of a first legal mortgage

Must be within 2 months of that event

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2
Q

Why is registration important (eg. an interest over registered land)?

A

**Enforceability **

s29 LRA: A buyer for valuable consideration of registered land takes that land** FREE OF ALL INTEREST SAVE FOR REGISTERED CHARGES AND INTERESTS WHICH OVERRIDE**

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3
Q

What are the 3 categories of interests & estates in land under the Land Registration Act 2002?

A

1. Registrable dispositions
- Must be substantively registered to be recognised

2.** Interests which should be protected by: **
- s.32 Notice; or
- s.40 Restriction

3.** Overriding interests **
- Don’t have to be registered to be binding
- Set out in Schedule 3 LRA 2002

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4
Q

What interests/estates in land are registrable dispositions?

A

s27 LRA:

1)** Transfer of freehold or leasehold**

2) New lease for 7+ years

3)** Expressly granted legal easement (ie. certain duration)
**
4) Legal charge/mortgage

5) Landlord’s right of entry

They must be substantively registered (ie. registered in their own right) to be properly acquired

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5
Q

Which interests need to be protected & why?

A

Interests which can be protected by a s32 Notice on the Charges register:

  • **Most basic equitable interests **(eg. restrictive covenant, easements for uncertain term)
  • Estate contract (eg. option, agreement for lease)
  • Home rights (s30 FLA)

**Interests which can be protected by a s40 Restriction on the Proprietorship register: **
- Interests arising under a trust
- (eg. restriction alerting buyer that there is a trust; restriction that land can’t be dealt with without consent of trustee in bankruptcy)

Need to be protected because purchaser for valuable consideration of registered land will take the title free of the interest otherwise

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6
Q

Which interests cannot be protected by a s32 Notice on the Charges Register?

A

**Interests under trusts (because not intended to last forever –> **s40 restriction on the proprietorship register)

Short leases for 7 years or less

Lease covenants

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7
Q

What is the effect of not entering a Notice on the Charges Registry?

A

If an interest is not protected by entry of a Notice, the purchaser for value (buyer, lender etc.) takes the land FREE OF THE INTEREST
- It is what is on the Charges Register which counts (ie. if no entry, even if the buyer knows there is an interest, will not be bound)

Nb. A person who acquires the land WITHOUT PAYING (ie. not purchaser for value) is still bound

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8
Q

Which interests can be protected by a s32 Notice on the Charges register?

A

Interests which can be protected by a s32 Notice on the Charges register:
- Most basic equitable interests (eg. restrictive covenant, easements for uncertain term)
- Estate contract
- Home rights (s30 Family Law Act)

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9
Q

Which interests should be protected by a s40 Restriction on the Proprietorship register?

A

Interests arising under a trust
**
Nb. Restrictions are intended to be short-term entries only (ie. not interests lasting forever) - they show that the proprietor’s ability to deal with the land is restricted in some way**

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10
Q

What is overreaching?

A

Even if a **buyer has notice of the interest of a beneficiary under a trust, they can buy the land free of the beneficial interest through overreaching **

  • Buyer pays the purchase price to all the trustees (must be minimum 2 trustees)
  • Interests of any person holding beneficial interest under that trust shift from the property to the proceeds of sale

Nb. For beneficial interests behind a trust only. Applies to registered and unregistered land.

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11
Q

What is the minimum number of trustees needed for overreaching?

A

2

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12
Q

What are overriding interests?

A

Interests which do not need to be registered to be binding. **
(Rationale: provide protection for people who haven’t or can’t take steps to protect themselves)**

Set out in Sch 3 LRA 2002:

1. Legal leases of term of 7 years or less (automatically overriding)

  1. **Interests of a person in actual occupation **
  2. Implied & prescriptive easements
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13
Q

What conditions must be satisfied for implied & prescriptive easements to be binding overriding interests?

A

These are** LEGAL (not equitable!)** easements which have arisen by implication or prescription
(ie. not express - arise without any documentation, usually when part of land sold off or through long use).

Will bind the purchaser of the burdened land so long as:
- Purchaser has actual knowledge of the easement;
or
- It is obvious on inspection
or
- It has been exercised within 12 months prior to the sale

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14
Q

What conditions must be satisfied for interests of persons in actual occupation to be binding overriding interests?

A

Must have:
1. A **proprietary interest in the land
- ie. not a personal interest - must be capable of being a proprietary interest (so not eg. an FLA right)

and

  1. Be in** actual occupation**
    - Some element of permanence & continuity (this is not extinguished by eg. hospital stay or holiday)
    - Might be an intention to return, a payment of outgoings, leaving things there
    - Some easement**s might be actual occupation (eg. parking, storage right)
    **
    and
  2. Not be defeated by any of the conditions in Sch 3 Para 2 ie.
    - Holder** must disclose the interest on reasonable inquiry
    or**
    - Holder’s occupation must be obvious on reasonable inspection & buyer/lender must know of it
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15
Q

What is a charge under the Family Law Act 1996?

A

Gives spouse/civil partner who may otherwise have no proprietary interest in the home the right to occupy the home in which they lived as a married couple

  • s30 FLA:** spouse has right not to be evicted or excluded if already in occupation **
  • s31 FLA: lasts until termination of marriage
  • NOT A PROPRIETARY INTEREST - it is a statutory right of occupation
  • If a** notice of home right entered on charges register under s32, it will be impossible for the legally owning spouse to give sale with vacant possession (works as if it were an equitable interest protected by a notice)**
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16
Q

Are legal interests enforceable in unregistered land?

A

YES: legal interests are automatically binding on the world

(Nb. except puisne mortgages, which must be protected by a Land Charge)

17
Q

Are equitable interests enforceable in unregistered land?

A

Equitable interests will be protected by:

  • A Land Charge (if in one of the classes in s2 LCA 1925)

or

  • Doctrine of notice (pre-1925 interests + beneficial interests arising under a trust)
18
Q

Which equitable interests are registrable as land charges under LCA 1972?( Registered land)

A

C(i) - Puisne mortgages
**C(iii) **- Equitable charges
F - FLA right to occupy
(If charge not entered, will not be binding against a purchaser for VALUABLE CONSIDERATION of ANY interest in the land)

C(iv) - Estate contracts
D(ii) - Restrictive covenants post-1925
D(iii) - Equitable easements post-1925
(IF charge not entered, will not be binding against a purchaser for MONEY or MONEY’S WORTH of a LEGAL ESTATE)

19
Q

What is the effect of entering an equitable interest as a land charge?

A

It** will be binding on any buyer, whether they know about it or not**

Nb. should be registered** against the NAME OF THE LANDOWNER who granted the right (not against the name of the land itself!)**

20
Q

What is the doctrine of notice?

A

Applies to:
- Pre-1925 restrictive covenants
- Pre-1925 equitable easements
- Beneficial interests not overreached
- Proprietary estoppel

A buyer will be BOUND by these interests UNLESS they are ‘equity’s darling’ ie.
- a BONA FIDE
- PURCHASER
- for VALUE
- of a LEGAL ESTATE
- without NOTICE

Notice can be:
- Actual (ie. purchaser knows about it)
- Constructed (i**e. purchaser would have known about it if had pursued a line of enquiry it ought reasonably to have made, eg. proper investigation of title deeds, proper inspection of land) **
- Imputed (ie. notice received by the buyer’s agent = buyer has notice)

21
Q

What is a puisne mortgage & which class of land charge is it?

A

A second or subsequent legal mortgage

C(i)

If not entered, will be void against a purchaser for value of any estate or interest
(Nb. purchaser for value includes being given land on marriage)

22
Q

Which class of land charge is an equitable charge?

A

Equitable charge eg. equitable mortgage

C(iii)

If not entered, will be void against a purchaser for value of any estate or interest

23
Q

What is an estate contract and what class of land charge is it?

A

Estate contract creates equitable interest (essentially failed legal estates & interests which comply with s2 LP(MP)A)

C(iv)

If not entered, will be void against purchaser for money or money’s worth of legal estate or interest

24
Q

What is the effect of non-entry of a C(iv) (estate contract), D(ii) (post-25 restrictive cov), or D(iii) (post-25 eq ease) Land Charge?

A

Will be void against a purchaser for MONEY OR MONEY’s WORTH of LEGAL estate

ie. Remain binding against purchasers of an equitable estate, or purchasers of a legal estate for no consideration or eg. marriage consideration

25
Q

What is the effect of non-entry of a C(i) (puisne mortgage), C(iii) (equitable charges) or F (FLA right to occupy) Land Charge?

A

Will be void against a purchaser for value of any estate or interest

Purchaser for ‘value’ includes marriage consideration (ie. being given land on marriage)

Includes void against any subsequent equitable purchaser

26
Q

What class of land charge is a post-1925 restrictive covenant?

A

D(ii)

If not entered, will be void against a purchaser for money or money’s worth of a legal estate

27
Q

What class of land charge is a post-1925 equitable easement?

A

D(iii)

If not entered, will be void against a purchaser for money or money’s worth of a legal estate

28
Q

In the doctrine of notice, who is equity’s darling?

A

A bona fida purchaser for value of a legal estate without notice

29
Q

If the purchaser is not equity’s darling, will they be bound?

A

If the purchaser is not equity’s darling they WILL BE BOUND by any:
- Pre-1925 restrictive covenants
- Pre-1925 equitable easements
- Beneficial interests not overreached
- Interests arising by estoppel

30
Q

Under the doctrine of notice, how can a bona fide purchaser for value of a legal estate have NOTICE?

A

Notice can be actual, constructive or imputed

Actual notice: purchaser actually knows of the equitable interest
**
Constructive notice: purchaser would have known but for their failure to pursue a line of enquiry they ought reasonably to have made **
- Purchaser required to act as a prudent person
- eg. Making proper investigation of the title deeds
- eg. Making proper inspection of the land

Imputed notice: purchaser’s agent has actual or constructive notice
- Where agent has notice, that knowledge is imputed to the purchaser

SQE1: Land Law (6 decks)

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