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Land Law > Unregistered And Registered Land > Flashcards

Unregistered And Registered Land Flashcards

1
Q

For unregistered land, what is the epitome of title?

A

Bundle of deeds and documents. Consist a schedule of documents with photocopies.

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2
Q

What counts as a good root of title?

A

Document that:

Shows ownership for the whole interest
Contains recognisable description
Doesn’t caste any doubt
Is at least 15 years old

Conveyance is usually the best.

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3
Q

Prior to exchange of contracts, what must a buyer do for unregistered land?

A

Investigate and inspect the land, check that the legal title has passed to the seller.

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4
Q

What are the disadvantages of unregistered land?

A

Epitome of title could be forged
Investigating title is time consuming
Bundle of title deeds may be lost or destroyed
Old documents are hard to read
If no third party rights are revealed, a party way unwillingly purrchase a property that is burdened.

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5
Q

Are legal estates and rights enforceable on third party in unregistered estates?

A

Yes, they bind the world. This means that a legal estate or interest binds any buyer - whether they knew of interest or NOT.

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6
Q

What is the exception to the binding world of legal estates in unregistered land ?

A

Puisne mortgages must be protected by a Land Charge. This is a. Legal mortgage that is not protected by the deposit of deeds. (Second mortgage etc)

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7
Q

Are equitable interests enforceable on third parties in unregistered land?

A

Yes, if they are protected by:
Land charge
Doctrine of notice

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8
Q

What are land charges?

A

Land Chagres Act 1972, method of protection.

If the interest does not appear in s 2, then it CANNOT be protected by a land chagre.

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9
Q

What are they differnet land charges for unregistered land?

A

C(if) estate contract
D(ii) restrictive covenants
D(iii) equitable easement
F home right
C(i) puisne mortgage

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10
Q

How do you register a land charge for unregistered land?

A

It is NOT registered against the land, it is registered against the estate owner in their name.

ONUS to register is on person holdingequitable chagre.

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11
Q

What is the effect of registering a. Land charge?

A

S 198, registration of a land charge is deemed eto constitute actual notice of the interest from date of registration, therefore bound, whether they know about it or not

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12
Q

What is the effect of failure to register a land charge against unregistered land?

A

Land charge is void against a buyer for money or moneys worth of a legal estate, unless the land charge is registered before completion of the property

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13
Q

What is the doctrine of notice?

A

This s an equitable principle for unregistered land, which applies to equitable interests before 1925, and beneficial interests under a trust, WHENEVER created.

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14
Q

When is a purchaser bound by the doctrine of notice of an unregistered estate?

A

A buyer is bound by equitable interests, UNLESS they are equity’s darling. This is a n=bona fide purchase for value, without notice of editable interest.

Buyer must act honestly ad without fraudulent intend, with consideration given for purchase, of either the legal estate or legal interest.

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15
Q

What are the 3 without notice of the equitable interest of an unregistered estate?

A

Actual notice

Constructive notice

Imputed notice

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16
Q

What is actual notice?

A

The buyer must know of the existence of the equitable interest. May have alerted buyer.

Rumours or gossip is not. Knowledge

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17
Q

What is constructive notice?

A

Buyer is obliged to inspect the land, title and make enquires which a reasonable person with competent legal advice would make.

If buyer FAILS to do this, the buyer would have constructive notice of equitable interest.

18
Q

what is imputed notice?

A

Must buyers appoint an agent to assist them. If the agent has actual or constructive notice, this will be IMPUTED to the buyer, and therefore counts as knowledge.

19
Q

What is overreaching?

A

This is a mechanism, which a buyer can take property free of the interest of any person with a beneficial interest under a trust.

Buyer must pay purchase money to a minimum of 2 trustees, who hold the legal estate.

After this, any beneficiary under a trust NO LONGEr has interest in property.

20
Q

What are the 3 registers for registered land?

A

Property register

Proprietorship register

Charges register

21
Q

What is in the property register?

A

Verbal description of the land

Indicates the type of estate (freehold, leasehold)

Rights for the benefit of the registered title.

22
Q

What is in the proprietorship register?

A

Class of title. (Absolute is best)

Name and address of registered prioretor

Any restrictions affecting the ability of registered proprietor to deal with the legal estate

23
Q

What is in the charges register?

A

Any notices of any third party rights registered against the title.

Any mortgages by registered charge created out of registered title.

24
Q

What is first registration?

A

Process by whcih title deeds and documetns in unregistered title are translated to registered.

25
Q

What is a qualifying estate?

A

Unregistered freehold estate

Unregistered leasehold estate with more than 7 years to run

These trigger first registration of an unregistered estate.

26
Q

What is the procedure to register an estate?

A

Investigate the unregistered title

Inspect the land

Search the land charges register

27
Q

What are the time limits for first registration of an estate?

A

Buyer must apply for first registration within 2 months of triggering event, the transfer, grant, gift or assent.

28
Q

What happens if the time limit to register an estate is not observed?

A

The legal estate reverts back to the
transferor, or an equitable interest is held until registration is competed.

29
Q

What is a registrable disposition?

A

This is when transactions are only legal if they are registered.

30
Q

What are examples of registrable dispositions?

A

Transfer of a registered estate

Grant of a legal leaes for more than 7 years out of a registered estate

Grant of a legal chagre

And expressly granted legal easement

31
Q

What are minor interests ?

A

They are third party interests in and which are NOT capable of substantive registration, set out s 27 LRA, or overriding interests.

32
Q

What are examples of in or third party interests?

A

Estate contracts
Home rights
Interests under a trust
Equitable easements
Equitable leases
Restrictive covenants

33
Q

What are restrictions on the land register, proprietorship register?

A

Alerts the buyer that the registered proprietor has a limited right to deal with the elgal estate in the land, and that the buyer needs to implement overreaching in order to take free of the trust interest.

34
Q

What are notices in the chagres register?

A

They apply to other interests, other than interest of trusts

35
Q

What can overreachingbe used for?

A

Only for beneficiary interest under a trust, not with anything else.

36
Q

Which interests are overriding in a registered estate?

A

These are interests that do not appear on the register, but will BIND the owner and any buyer.

Legal easements
Leases not exceeding 21 years
Rights of persons in actual occupation

37
Q

What is para 1 of schedule 3 of LRA?

A

Overriding interest.

A leasehold estate in land granted for a term of not exceeding 7 years form the date of the grant.

Therefore if a lease is 5 years, and not registered, it is automatically protected as an interest under schedule 3

38
Q

What is para 3, schedule 2 LRA?

A

Protects legal easements and profits created by implication or prescription after 12 October 2003.

Implied by necessity, commo intention, wheeldon v burrows, s 62, or created by prescription.

They will take effect IF:

  • purchaser had actual knowledge of easement on date of transfer
  • existence of right would have been apparent on a reasonably carefully inspection of the land
  • fi the eaesment has been exercised leanest once in the year prior to land transfer
39
Q

What is schedule 3, para 2?

A

An interest belonging at the time of the dispositions to a person in actual occupation, so far as relating to land of which they are in actual occupation.

Safety net for unprotected MINOR interests, ONLY if they are in actual occupation

Must have a proprietary interest AND be in actual occupation

40
Q

What is an interest in sched 3 para 2?

A

Every type of property right can be overriding, UNLESS

  • personal rights
  • home rights
  • easements
41
Q

How can the overriding status in sch 3 para 2 be LOST?

A

If the person holding interest has FAILED to disclose the right, upon inquiry, when it would have been reasonable for them to do so

The persons occupation was not obvious on reasonable caeful inspection unless buyer has actual knowledge

Land Law (7 decks)

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