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SQE1 - Land Law > 4. Registration of Title to Land > Flashcards

4. Registration of Title to Land Flashcards

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1
Q

On the occurrence of what must all land be registered?

A

A triggering event after 1 December 1990

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2
Q

What are the four main triggering events?

A
  1. Grant of first legal mortgage
  2. Transfer, e.g. conveyance on sale, assent, deed of gift
  3. Grant of lease exceeding seven years
  4. Assignment of lease with more seven years remaining
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3
Q

Within what time limit of the triggering event must an application for registration be made with HMLR?

A

Two months

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4
Q

What two things happen if registration is not applied for within the two month window?

A
  1. Transfer of legal estate is void
  2. Legal estate reverts to the seller *a.k.a. the transferor
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5
Q

Upon whom does the cost of remedy for failure to register fall?

A

On the party in default

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6
Q

What must the Registrar have to extend the two month window?

A

Good reason to do so.

For example: After completion of the sale buyer wanted to register the estate but was involved in a serious car crash putting him into a coma for several weeks.

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7
Q

What is the impact of a failed legal registration becoming an equitable estate?

A

It will lose priority to other transactions which create interests in the estate before defect is cured

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8
Q

What are the five classes of title?

A
  1. Absolute freehold
  2. Qualified
  3. Possessory
  4. Good leasehold
  5. Absolute leasehold
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9
Q

Absolute freehold title is the best kind of title. What are the only two interests absolute freehold title is subject to?

A
  1. Interests on the register, e.g. charges, notices, restrictions
  2. Overriding interests
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10
Q

When does qualified title arise?

A

When a specified interest in the land is excepted from registration and therefore not covered by the guarantee of title

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11
Q

What is possessory title based on, and does it affect rights which subsisted on the date of registration?

A

Possessory title based on factual possession of the land rather than documentary evidence, and does not affect rights which pre-dated registration

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12
Q

Good leasehold title is essentially absolute title for a lease. In what way is a good leasehold title limited?

A

Good leasehold title usually occurs when the lease appears valid on the face of it but the documents proving the landlord’s title, or any superior lessor’s title, have not been registered at the Land Registry.

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13
Q

What is absolute leasehold title?

A

Good leasehold title where HMLR has inspected the freehold title and checked for superior leases.

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14
Q

How can good leasehold and possessory title be upgraded, and what are they upgraded to?

A

Good leasehold becomes absolute leasehold if freehold title is produced.

Possessory becomes absolute freehold if possessory title is not challenged for 12 years since it was granted.

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15
Q

Other than freehold and leasehold estates in land, what three interests can be registered, and get their own title number and register?

A
  1. Rentcharges
  2. Franchises
  3. Profits a prendre in gross
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16
Q

How can an owner of unregistered land ensure that they are notified if an application for registration is made regarding their land?

A

Register a caution against first registration, and the caution gets its own title number and register

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17
Q

What are three types of disposition which do not operate until registered?

(two of which are triggering events)

A
  1. Transfer of freehold estate (for value, by court order, by gift, or by PRs)
  2. Grant of legal lease with more than seven years
  3. Express grant or reservation of legal easement, legal profit, or legal rentcharge
18
Q

In the registered system, when does title pass?

A

When the disposition is registered at HMLR

19
Q

What are the three registers on the register of title?

A
  1. Property register
  2. Proprietorship register
  3. Charges register
20
Q

What appears on the Property register?

A

Any right benefitting the property, such as a right of way of neighbouring land

21
Q

What three things appear on the Proprietorship register?

A
  1. Class of title
  2. Name(s) of current estate holder(s)
  3. Any restrictions affecting the property
22
Q

What are the two main examples of third party interests that appear on the Charges register?

A
  1. Legal mortgage of registered land
  2. Legal easement
23
Q

What is required of an expressly created legal easement?

A

It must be completed by registration to be effective

24
Q

What are the two ways a legal easement can be completed by registration? Basically, where should a solicitor search to find out whether there is an easement negatively or positively effecting the land?

A
  1. On the charges register of the servient tenement (burdened land), or
  2. On the property register of the dominant tenement (benefitting land)
25
Q

What is a notice, and what are the two types?

A

An entry on the charges register of burdened land in respect of an interest affecting the registered estate, or an entry on the property register of benefitting land in respect of an interest benefitting the estate e.g., an easement.

Agreed notice and unilateral notice

26
Q

Does agreed notice require consent?

A

Despite the name, no. However, if consent is not available HMLR will require strict evidence of the interest.

27
Q

How can a proprietor have a notice canceled?

A

They apply to HMLR, who will notify the benefitting party to respond within a period, and if they don’t the notice is cancelled

28
Q

What is a restriction?

A

A restriction prevents a disposition (sale, transfer, gift or new mortgage) of the property being registered unless certain conditions are fulfilled. If the terms of a restriction are not complied with, the Land Registry will not register the disposition.

Restrictions are generally used for two reasons. However, this list is not exhaustive:

  • To protect the interests of a third party (not the registered owner) e.g. a beneficiary.
  • To ensure that the owner of the property complies with certain conditions before the property is disposed of.
29
Q

What is an overriding interest in the registered system?

A

Interest which is binding on both the proprietor and a person who acquires an interest despite the fact that the interest does not appear on the affected register of title

30
Q

What are the three overriding interests in the registered system?

A
  1. Legal leases for seven years or less
  2. Legal easement or profit
  3. Interest of person in actual occupation
31
Q

What is the main difference between interests which override in the unregistered system and overriding interests in the registered system?

A

Local land charge is an interest which overrides in the unregistered system but not an overriding interest in the registered system

32
Q

What is the requirement for the type of easement that can be overriding in the registered system, and what type of easement cannot be, and why?

A

It must be a legal easement and must not be an express easement, i.e. it must arise from implied grant/reservation or prescription.

Because an express easement must be registered in its own right to be effective, and when it is placed on the charges register of the burdened land, it becomes binding anyway.

33
Q

Other than not being an express easement, one of what three options must be satisfied for a legal easement to be overriding in the registered system?

A
  1. Registered under Commons Act 2006
  2. Known to the buyer or obvious on reasonable inspection, or
  3. Exercised within one year of the date of the disposition
34
Q

What two things defeat an overriding interest of a person in actual occupation in the registered system?

A
  1. Buyer inquires about occupier and extent of occupation not disclosed

or

  1. Occupation not obvious via inspection at the time of disposition, and not in actual knowledge of the buyer
35
Q

What must a person claiming the overriding interest have in addition to mere occupation?

A

A property right in the land, e.g. tenancy or right to remain

36
Q

What four factors will the court take into account in determining if there is actual occupation?

A
  1. Degree and continuity of permanence
  2. Intentions, wishes, and personal circumstances of the person in occupation
  3. Length of and reasons for absences
  4. Nature of the property
37
Q

Whilst temporary absences will not preclude, to claim the overriding interest, at what time specifically must the occupation exist?

A

At the time the property is transferred to the buyer

38
Q

What will make an interest cease to be overriding?

A

If upon disclosure to HMLR during applying for registration or a registrable disposition, the interest is capable of registration, it will cease to be overriding and will be protected by an entry on the register of title

39
Q

The right of occupation of whom specifically is not capable of being an overriding interest, and how is that protected instead?

A

The right of occupation of a non-owning spouse. The right must instead be registered as a notice on the registered proprietor’s register of title.

40
Q

In the registered system, how is the process of adverse possession different?

A
  1. Period is 10 years instead of 12
  2. Actual, exclusive possession, without landowner permission
  3. Squatter does not acquire any rights automatically
  4. They merely receive a right to apply for registration of title at the end of the period
  5. Landowner given opportunity to object, and if they object the application will usually fail
41
Q

In what three situations may an application for adverse possession still be granted even though the landowner objects?

A
  1. Unconscionable for the proprietor/landowner to seek to displace the applicant (i.e. on the facts, applicant should be regarded as the proprietor)
  2. Applicant is for some other reason entitled to be proprietor
  3. Reasonable mistake as to boundaries

SQE1 - Land Law (9 decks)

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