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Land Law > Unregistered and Registered Land > Flashcards

Unregistered and Registered Land Flashcards

1
Q

In Unregistered Land how do you establish the good root of title?

A

This is the most recent conveyance which is at least 15 years old - this is established through considering historic title deeds

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2
Q

Legislation stating how to establish the good root of title for unregistered land?

A

s.23 LPA 1969

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3
Q

How does the vendor provide title in Registered land?

A

by reference to the land register (per the Land Registration Act 1925)

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4
Q

What are the two types of legal estates post 1925 and where is this stated?

A
  1. A Fee Simple in Absolute Possession (ownership)
  2. A Term of Years Absolute (a lease)
    - s.1(1) LPA 1925
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5
Q

S.52 LPA 1925?

A

“All conveyances of land or any interest therein are void for the purpose of conveying or creating a legal estate unless made through a deed”

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6
Q

“All conveyances of land or any interest therein are void for the purpose of conveying or creating a legal estate unless made through a deed”

A

S.52 LPA 1925

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7
Q

What are the exceptions to the formalities outlined in s.52 LPA 1925? and where is that outlined in statute?

A

A lease for 3 years or less (s.54(2) LPA 1925)

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8
Q

What are the formalities for creating a deed prior to 1990?

A

Signed, Sealed and Delivered

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9
Q

What are the formalities for creating a deed post 1990? and where are they found in statute?

A
  1. Clear on the face of the document that it is intended to be a deed (it states that it is a deed in the document)
  2. Signed
  3. Attested through witnesses
  4. Delivered (this means it is irreversible, no need for actual delivery)
    - s.1 LP(MP)A 1989
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10
Q

What is stated in s.1 LP(MP)A 1989?

A

The formalities for creating a deed

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11
Q

What is stated in the S.1(2) LPA 1925?

A

“The any interests over land which are capable of subsisting at law are:
a.) Easements
b.) a rent charge
c.) Mortgage
d.) Interests which arise as statute”
So these are all the legal interests in land.

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12
Q

What must the legal interests outlined in S.1(2) LPA 1925 comply with?

A

The formalities outlined in s.52 LPA 1925 and s.1 (1) LP(MP)A 1989

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13
Q

What is stated in s.1(3) LPA 1925?

A

Every right that is not mentioned in s.1 (2) LPA 1925 is an equitable right

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14
Q

For the legal interests to be binding on the land, how must the land be classified?

A

The land must be an outlined legal estate in s.1(1) LPA 1925

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15
Q

Legal rights bind the…

A

Whole world

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16
Q

Equitable rights bind the…

A

Whole world subject to the doctrine of notice

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17
Q

If someone has a legal right in perpetuity to graze their sheep on you garden, who does this bind?

A

Everyone

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18
Q

Who are equitable rights not binding against?

A

The bona fide purchaser of value of a legal estate who took without notice of the equitable interest

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19
Q

Who is Equity’s Darling?

A

The bona fide purchaser for value of a legal estate who took without notice of the equitable interest

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20
Q

What is bona fide?

A

To act in bona fide is to act in good faith

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21
Q

What amounts to a purchaser for value? (under the definition of Equity’s Darling)

A

There must be an element of consideration provided

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22
Q

Who does the purchaser for value exclude? (under the definition of Equity’s Darling)

A

Those who have inhered land, or if the land was a gift

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23
Q

What does the legal estate indicate? (under the definition of Equity’s Darling)

A

These are outlined in s.1(1) LPA 1925

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24
Q

Which case indicates that bona fide is a genuine and honest absence of knowledge?

A

Lord Wiberforce in Midlands Bank v. Rosset

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25
Q

Does the consideration need to be sufficient? (under the definition of Equity’s Darling)

A

No, it just must be present.

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26
Q

When considering two completing equitable interests which takes priority?

A

“First in time, first in right”

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27
Q

What are the three forms in which notice may be given under the doctrine of notice?

A
  1. Actual Notice
  2. Constructive Notice
  3. Imputed Notice
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28
Q

Where are the three forms of notice outlined in statute? (in terms of the doctrine of notice)?

A

s.199 (1)(ii)(a)-(b) LPA 1925

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29
Q

s.199 (1)(ii)(a)-(b) LPA 1925?

A

The three forms of notice under the doctrine of notice

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30
Q

What amounts to actual notice (under the doctrine of notice)?

A

A purchaser has actual notice if at the time of the purchaser they actually knew of the existence of an equitable interest.

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31
Q

Do rumours amount to actual notice (and case)?

A

Barnhart v. Greensheilds - rumours do not amount to actual notice

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32
Q

Within actual notice the notice must come from a reputable source (and case)?

A

Lloyd v. Banks (1868) - Actual notice must be supplied by a reputable source

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33
Q

What amounts to constructive notice (under the doctrine of notice)?

A

a purchaser has constructive notice of any equitable interest which the purchaser would have discovered had they made those enquiries which a reasonable purchaser would have made

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34
Q

What two things should the prudent purchaser check when purchasing a property?

A
  1. Whether the vendor has good title

2. whether there are any third party rights (legal or equitable) affecting the land

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35
Q

What burden does the rule of constructive notice in the doctrine of notice place on the purchaser of land?

A

to make those enquires which a reasonable person, with competent legal advice, would make

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36
Q

If an undiscovered legal right is found, who does it bind?

A

Whether the legal right is discovered or not it binds the world

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37
Q

What are the two types of enquiry that the prudent purchaser is expected to make to comply with constructive notice?

A

The prudent purchaser must:

  1. Inspect the land
  2. Investigate the vendors title
38
Q

How should the prudent purchaser inspect the land in order to not be issued with constructive notice (and case)?

A

The purchaser should inquiry into those residents on the land their interests relating to the land - this was established in the case of Hunt v. Luck

39
Q

Hunt v. Luck

A

This case establishes that the prudent purchaser will ask those on the land their interests in the land when they make their inspections of the land
In this case the purchaser failed to ask such a person of their interests in the land, and therefore it amounted to constructive notice of the equitable lease

40
Q

How should the prudent purchaser go about investigating the good root of title? (and statute)

A

The prudent purchaser should consider the title deeds going back to the most recent conveyance which is at least 15 years old - s.23 LPA 1969

41
Q

If the purchaser fails to inspect a document which they should have inspected and it contained an equitable right, do they have notice?

A

They have constructive notice

42
Q

If a purchaser check a document behind the good root of title, and it contains a equitable right, do they have notice?

A

They have actual notice

43
Q

In relation to equitable Co-owners interests in the land, do purchasers have to make inquiries about others on the land? (and case)

A

Kingsnorth Trust Ltd v. Tizzard - House of Lords case that established a reasonable inquiry about the equitable rights of others on the land should be undertaken

44
Q

Kingsnorth Trust Ltd v. Tizzard

A

House of Lords case which established that a reasonable inquiry into the equitable rights of others on the land is required to be undertaken

45
Q

What amounts to imputed notice? (and statute)

A

If an agent, while acting for a particular purchaser with respect to a particular transaction, receives actual or constructive notice of an equitable interest, that notice is ascribed to the purchaser himself - s.199 (b) LPA 1925

46
Q

If an agent was did not check the good root of title, and found there was an equitable lease after the purchaser had been completed, how could the purchaser proceed?

A

He could bring a claim for professional negligence - however the lease would remain binding

47
Q

What are the case facts of Kingsnorth Finance Ltd v Tizard [1988]?

A

H owned the legal title to the matrimonial home but W contributed substantially to the cost of acquisition and therefore had a constructive trust in the property
the marriage broke down and W moved to her sisters however returned daily to take care of the children, she also occasionally stayed the night at the home
H remortgaged the house, upon inspection W and the children were not there
Upon investigation there was many children’s artefacts in the house, and H admitted that he was separated from W
However not further inquiries were made
H defaulted on his mortgage, and K (the bank) attempted to enforce the mortgage, however the court held that W’s constructive trust was to take precedence over K’s interest

48
Q

Once dead can an equitable interest be revived? (and case)

A

Wilkes v. Spooner - no once an equitable interest has been killed off that’s final

49
Q

What is the position of successors in title to a bona fide purchaser for value without notice of a legal estate? (and case)

A

all persons who derive title from the purchaser without notice will take the land free from equitable interests - Wilkes v. Spooner

50
Q

What was the effect of the 1925 legislation in terms of the number of legal and equitable property rights?

A

This legislation limited the different types of legal property rights, however the number of equitable property rights remained the same

51
Q

What was the purpose of limiting the type of legal property rights in the 1925 legislation?

A

It was aimed that it would simplify the process and make conveyancing transactions easier

52
Q

What does an interest need to constitute in order for it to be legal?

A

It must be listed in s.1(2) LPA 1925 and have complied with the correct formalities outlined in s.52 LPA 1925

53
Q

What if an interest is listed in s.1(2) LPA 1925, however it was not created by deed? (and legislation)

A

It only persists in equity - s.1(3) LPA 1925

54
Q

What are the different kind of lease?

A

Periodic (this is when they renew themselves every x amount of time) and Fixed term (this is when they are for a fixed period)

55
Q

What are the legal interests existing after 1925? (and legislation)

A

s. 1(2) LPA 1925:
a. Easements and Profits
b. Rentcharges
c. A charge by way of legal mortgage
d. All interest in land which arise by operation of statute
e. Rights of entry

56
Q

What three groups does the 1925 legislation split equitable interests into?

A
  1. Equitable interests registrable as land charges
  2. Equitable interests which are ‘overreachable’
  3. Equitable interests which are neither of the above therefore subject to the doctrine of notice
57
Q

s.198 LPA 1925/1972 states that

A

Anything registered on the land charges register shall constitute actual notice of the interest

58
Q

If an equitable interest was to be protected, what is the remedy that will be offered?

A

the equitable remedy of specific performance - this is demonstrated i the case of Coatsworth v. Johnson - he was not able to gain the equitable remedy as he did not have clean hands.

59
Q

If there was an equity was seeking to uphold a contract, what must there be already?

A

a contract with all the terms etc. (per s.2 LP(MP)A 1989). - the purpose of this is to fill in the gap between conveyance and completion of the legal transfer. An example of this is the case of Walsh v. Lonsdale

60
Q

An equitable interest in land must be…

A

expressed in some writing s.53LPA 1925

61
Q

When can you not grant a legal interest in land?

A

When you only own an equitable interest.

62
Q

What does s.3(1) of the Land charges Act 1972 state?

A

when registering a land charge it should be done against the name of the estate owners whose estate is intended to be affected.

63
Q

What amounts to the name of the owner under s.3(1) LRA 1972?

A

Standard Property Investments v. British Plastics holds that it should be registered against the name as it appears on the title deeds.
Diligant Finance v. Alleyne finds that when the title deeds are not supplied it should be registered against a variety of names

64
Q

What is the effect of non-registration of a land charge?

A

s.4 LCA 1972 “void against the purchaser” - however note that inheritance is not included in this!

65
Q

If a purchaser has actual notice of an equitable interest?

A

“a purchaser is not subject to an equitable interest which is void for non-registration”

This can be demonstrated in the bank of Midland Bank v. Green (which was the case concerning a mother who brought a farm knowing her son had option for purchase which he had not registered)

66
Q

What should you search on the land charges register?

A

When the good root of title is considered, you should search the land charges register for the names for that previous 15 years.

67
Q

What is overreaching?

A

This is the mechanism for promoting the ailenability of land through allowing trustees to “overreach” the equitable interests of the beneficiaries in the land through transferring it to a trust of capital.

68
Q

Which type of land does overreaching apply to?

A

Both registered and unregistered

69
Q

City of London BS v. Flegg

A

The Maxwell Browns had a constructive trust in a property where the legal title was owned by the Fleggs. The Fleggs mortgaged the property with CofL, because the purchase price had been paid to two trustees therefore the interest was just overreached [contrast this with the case of Boland, where the purchase price was paid only to one trustee, and therefore not overreaching could occur].

70
Q

What are the requirements for overreaching to occur?

A

The purchase price must be paid to two or more trustees (or a trust cooperation) per s.2(2) LPA 1925, the purchaser may take the land regardless of if he had notice of the beneficiaries interest in the land s.27 LPA 1925.

71
Q

What are the three principles for registration?

A

The mirror principle, the insurance principle and the curtain principle

72
Q

The mirror principle:

A

the register is a complete and accurate reflection of the state of title at any given time
unregistered interests which override the register are called cracks in the mirror

73
Q

The insurance principle:

A

the state guarantees the accuracy of the register, and therefore will compensate any mistake on the register
per s.25(1) LPA 1969

74
Q

The curtain principle:

A

details of beneficial trusts are kept of the register of title. If the land is purchased correctly then the equitable interests will be overreached. However note the effect of overriding interests.

75
Q

When is there compulsory registration of title?

A

per s.4 LRA 2002 there is compulsory registration of title when there is a sale of a freehold, granting of a lease over 7 years [these are called triggering events].

76
Q

Who is responsible for the registration of title?

A

s.6(1) LRA 2002 “i the requirement of registration applies then it is the responsible estate owner who must take action”

77
Q

What is the sanction for non-registration?

A

s. 7(1) LRA 2002 “if the requirement of registration is not complied with the transfer grant or creation becomes void as regards the transfer, grant or creation of a legal estate”.
s. 7(2) LRA 2002 “in a case falling within s.7(1) the title to the legal estate reverts to the transferor who holds it on bare trust for the transferee”

NOTE: upon failure to register the interest in the land goes from a legal interest to a equitable interest. In terms of completing equitable interests it is first in time first in right.

78
Q

What are the ways third party rights can be protected on registered land?

A

They can be registered on the land register as a
Notice - “burden of an interests affecting the registered estate” per s.33 LRA 2002 [link to mirror principle]
Restriction - s.40 LRA 2002 - this prevents the owner from acting with the land as his own [link to curtain principle]

79
Q

What are the unregistered interests which override the first registration?

A

sch1 LRA 2002:
Leases under 7 years
interests of a person in actual occupation
legal easements and profits

80
Q

How do you transfer the register of title?

A

through a TR1 transfer deed

81
Q

s.58 LRA 2002

A

this section states that regardless of fraud, if a person is the register the legal estate will be vested in him - the equitable and legal title cannot be separated (per Swift v. Land registry)

82
Q

What can the registered proprietor do with the land?

A

any of the registerable dispositions in s.27 LRA 2002 however he is limited by s. 40 LRA 2002 by restrictions placed on the register

83
Q

What are the priority rules for registered land?

A

s. 28 LRA 2002 states that if the land is transferred as a gift etc. the new proprietor will be bound by all pre-existing rights
s. 29 LRA 2002 states that the exception to this is the purchaser for value of the legal estate - he takes the land free of interest except for those which are:
- registered charges (no idea what these are)
- interests found on the land register
- unregistered interests which are capable of overriding the register (these are outlined in sch 3 LRA 2002)

84
Q

Sch 3 LRA 2002

A

para 1: outlines that leases are overriding interests providing they are for less than 7 years except in this case of reversionary leases

para 2: actual occupation: actual occupation + interest in land - inquiry of the land = overriding interest

para 3: easements

85
Q

Failure to disclose an equitable interest in the land upon inquiry?

A

Begum v. Issa - a family gathering did not constitute a reasonable place to disclose the nature of the rights as it was too informal

86
Q

What is meant by actual occupation?

A

Boland held that the words should be given their ordinary meaning in plain English

87
Q

Abbey National v. Cann

A

this case held that the preliminary acts of moving in did not amount to an overriding interest - it should be judged from the date of registration not before then

88
Q

Can intermittent presence amount to actual occupation?

A

Cann stated that there must be some degree of permanence

Chockar v. Chockar established that when a women was in hospital having a baby, she did have actual occupation

89
Q

Do children have actual occupation?

A

Hypo-mortgage held that they are shadows of their parents occupation

90
Q

Intention to return as actual occupation?

A

Thompson in 1930 established that actual occupation terminated when the person had no intention to return. In the case of Link Lending a vulnerable adult sold his house but was allowed to return - this widened the previous law

91
Q

How is the register altered?

A

through s.4 LRA

Land Law (5 decks)

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