Topic 8: Land Registration EXAM

Question 1

What is the point of registering land?

Answer 1

1. More information on interests 2. Publicity 3. Reliability for involved parties 4. Recourses if something goes wrong

Question 2

What are the three principles in land registration?

Answer 2

Mirror, curtain, and insurance principle

Question 3

What does each principle of land registration do?

Answer 3

Mirror = Reflects interests in land, Curtain = Protection of the mirror (May also include some things not on mirror), Insurance = Compensation for when the mirror is wrong

Question 4

What are the necessary things for land to be registered for the first time?

Answer 4

1. Must know interests to be put on mirror 2. Must be qualifying estate (freehold or lease above 7 years) 3. A triggering event (sale, gift, legal mortgage, etc.)

Question 5

What happens if land is not registered when it must be?

Answer 5

The legal right will be invalidated after 2 months of not registering

Question 6

What is a ‘registrable disposition’?

Answer 6

A legal right that must be registered (e.g. sale, gift, legal easement, grant, etc.) (Will NOT operate at law UNTIL registration)

Question 7

Is there a time limit for ‘registrable disposition’?

Answer 7

NO; however, it will not operate at law until it is registered

Question 8

What prior interests will a ‘registrable disposition’ not postpone (i.e. destroy)?

Answer 8

1. Registered interests 2. Minor interests 3. Overriding interests

Question 9

What are minor interests?

Answer 9

Equitable interests

Question 10

How are minor interests protected?

Answer 10

Through registration by giving “notice” (not doctrine of notice), non registration will postpone the interest

Question 11

What is an overriding interest (Interests that override)?

Answer 11

Where protection against purchasers is needed, but it isn’t reasonable to expect registration for the interest

Question 12

What is the ‘interest of a person in actual occupation’?

Answer 12

It is an overriding interest, dependent on the person not the interest (Controversial)

Question 13

How is “in actual occupation” defined?

Answer 13

It is given its ordinary english meaning

Question 14

For what reasons may “in actual occupation” be given an alternative meaning?

Answer 14

1. Timing 2. Absence

Question 15

What are the defences to overriding interests?

Answer 15

1. Consent 2. Waiver 3. Unobvious actual occupation on careful inspection 4. Inquiry of person in actual occupation was not disclosed 5. Deflecting