3. Principles of Unregistered Title to Land

Question 1

Disadvantages of the unregistered system:

Answer 1

• difficult to discover 3rd party interests, where docs are held by the right holder
• no state guarantee of accuracy or compensation for error (unlike in the registered system)
• possibly no plan available
• due to number of docs, conveyancing process may be slower and more expensive

Question 2

from what date was compulsory first registration introduced?

Answer 2

Each time that unregistered land is sold for the first time since 1 December 1990 it must be
registered.

Question 3

which events trigger compulsory first registration (*unregistered land**?

Answer 3

• Transfer of the freehold estate by sale, gift, or court order.
• Grant of a lease for a term of more than seven years.
• Assignment (transfer) of a lease of unregistered land with more than seven years to run.
• An assent, vesting assent or vesting deed which is a disposition of the freehold or a leasehold
  with more than seven years to run (this refers mainly to transfers on death).
• The grant of a lease to take effect in possession more than three months after the date of the
  grant (ie future leases).
• A first legal mortgage of the freehold or of a leasehold with more than seven years to run.

**most frequent

Question 4

will the above events trigger registration for registered land?

Answer 4

no, but they will trigger a requirement to update the register

Question 5

What does it mean when a seller deduces title to the buyer?

Answer 5

They prove that they own the land they are contracting to sell

Question 6

What is the traditional way of deducing title?

Answer 6

Producing documents commencing with a good root of title demonstrating an unbroken chain of ownership for a minimum of 15 years

Question 7

What are the four main documents that would make up unregistered title?

Answer 7

1. Conveyance on sale
2. Deed of gift
3. Mortgage deed
4. Assent

Question 8

What are the four requirements of a good root of title?

Answer 8

1. At least 15 years old
2. Deal with the whole legal and equitable interest in the property
3. Contain adequate description of the property
4. Do nothing to cast doubt on title

Question 9

What is the epitome of title?

Answer 9

A chronological list of all the documents, together with a copy of each

Question 10

What is a requisition?

Answer 10

A query made by buyer’s solicitor regarding title before exchange of contracts

Question 11

When does title to unregistered land pass?

Answer 11

Completion

Question 12

What two interests will a buyer of an unregistered legal estate purchase it subject to?

Answer 12

1. Any legal interest over the estate, whether or not they were aware, and
2. Any equitable interest of which they have notice

Question 13

How are legal interests generally discovered?

Answer 13

Checking the deeds, or inspecting the property

Question 14

What must a buyer be to be bound by equitable interests?

Answer 14

On notice of them

Question 15

What is required for most equitable rights and interests to be enforceable against subsequent buyers?

Answer 15

Registration with Land Charges Department of HM Land Registry

Question 16

What are the two Class C land charges relevant to the SQE?

Answer 16

1. C(i): Puisne mortgage, i.e. a mortgage not protected by deposit of title deeds, e.g. a second legal charge
2. C(iv): Estate contract, e.g. a contract to purchase

Question 17

What are the two Class D land charges relevant to the SQE?

Answer 17

1. D(ii): Restrictive covenant
2. D(iii): Equitable easement

Question 18

What is the relevance of registration of these land charges?

Answer 18

They constitute notice of the equitable interest

Question 19

What does a Class F land charge protect?

Answer 19

A non-owning spouse’s statutory right of occupation in the matrimonial home

Question 20

What is a land charge registered against, and who makes the application for it?

Answer 20

It is against the name of the estate owner at the time the land charge was created, not the address of the property, and is applied for by the person who claims the right

Question 21

Is registration of a land charge binding on subsequent owners, and why?

Answer 21

Yes, because registration is actual notice of the interest to all persons

Question 22

What is the consequence of a land charge not being registered?

Answer 22

It is void against a purchaser for value

Question 23

Where an interest does not appear on the list of registerable land charges, what determines whether it binds a buyer?

Answer 23

Whether the doctrine of notice applies

Question 24

To what two things does the doctrine of notice apply, and under it, what four things must a buyer show to take free of any equitable interest?

Answer 24

Only applies to equitable interests pre-dating 1925 and beneficial interests under a trust.

To take free, the buyer must show they:
1. Acted bona fide
2. Were a purchaser for value
3. Acquired a legal estate or legal interest, not just an equitable interest
4. Had no notice of the equitable interest

Question 25

What are the three types of notice?

Answer 25

1. Actual
2. Constructive
3. Imputed

Question 26

When will a person be deemed to have constructive notice?

Answer 26

When they would have discovered something with reasonable enquiry

Question 27

What is imputed notice?

Answer 27

Notice given to an agent of a buyer is deemed to be given to the buyer

Things an agent should have known can also be imputed to a principle, i.e. things the agent should have constructive notice of can be imputed to the principle.

Question 28

Why is notice irrelevant in the registered system?

Answer 28

Because interests are either:
1. Registered (and therefore binding on the buyer) or
2. Protected as overriding interests (which automatically bind the transferee irrespective of registration or notice)

Failing that they are not binding and any other notice cannot save them.

Question 29

When do interests which override arise, and what are four examples of them?

Answer 29

Unregistered interests which exist when unregistered land is first registered are deemed to override registration

1. Lease granted for seven years or less
2. Legal easement
3. Local land charge
4. Interest belonging to a person in full occupation

Question 30

Although it hasn’t been covered yet, what is the difference between interests which override in the unregistered system and overriding interests (also called interests that override)?

Answer 30

Interests which override:
- Unregistered system
- Concerns unregistered interests which are essentially sheltered from first registration of unregistered land

Overriding interests
- Registered system

However, they both do roughly concern the same things, e.g. lease for 7 years of less, legal easement, person in occupation.

Question 31

How does an interest which overrides cease to be overriding?

Answer 31

If the buyer is aware of it, they must disclose it to HMLR, after which it is protected by an entry on the register

Question 32

Under the Limitation Act 1980, how long must the owner of an estate in unregistered land allow someone else to occupy it before the lose the right to recover the land?

Answer 32

12 years

Question 33

In relation to unregistered land, what three things must an applicant for adverse possession show with regard to possession?

Answer 33

1. Actual
2. Exclusive
3. Without permission of the landowner

Question 34

What is the reason for the requirement that the land be possessed without permission?

Answer 34

Because the point of adverse possession is that the applicant treat the land as theirs as of right, hence why the law should transfer it to them

Question 35

Where this 12 year period is met, does the legal owner lose the legal title?

Answer 35

No, but they hold the legal estate on trust for the squatter who can apply for registration