4.2: Title to Land Flashcards
What is placed on the ‘Property Register’ of the Register of Title?
Title Number
Plan
Easements (rights benefitting the property - will appear as a notice)
What is placed on the ‘Charges Register’ of the Register of Title?
(Negative Charges)
Notices
Positive and Negative Covenants
Mortgages
What is placed on the ‘Proprietorship Register’ of the Register of Title?
Restrictions
Form A restrictions used to record beneficial interests
Class of title held
Current holder/s of the legal estate
What interests are not found on the register of title from HM Land Registry?
Overriding Interests (registered land concept)
1) [Lease < 7 years] A lease for 7 years or less
2) [Unregistered legal easement] Unregistered legal easement
3) [Person in actual occupation] Person with rights in the property (e.g. due to contributing to the purchase price) who is in actual occupation of the property
What step should be taken for a lease that is greater than 7 years?
A lease for more than seven years is registrable in its own right at HM Land Registry
How is a beneficial interest for a tenant in common protected on the register of title?
As a Form A restriction on the Proprietorship Register
A restriction protects an interest under a trust and appears on the proprietorship register, which deals with the ownership of the property.
How long back do we need to search to deduce title for unregistered land?
The seller’s lawyer should deduce the seller’s title, showing an unbroken chain of ownership which goes back at least 15 years.
What is meant by ‘possessory title?’
Class of title based on possession of the land rather than documentary evidence
Can be upgraded to absolute freehold title if the registered proprietor shows that the possessory title has not been challenged for 12 years since it was granted
What is meant by ‘title absolute’?
The best class of title available and cannot be challenged
What is meant by ‘good leasehold’ title?
Freehold title has not been produced to HM Land Registry on application to register the lease.
*This class of title can be upgraded to absolute leasehold title if the freehold title is produced to HM Land Registry.
What is meant by ‘qualified title’?
A specified interest is excepted from the effect of registration (rare in practice)
Is a beneficial interest registered at HM Registry along with the legal title?
No. HM Land Registry only registers the legal title and is not concerned with the detail of the behind-the-scenes beneficial interest (which is protected by way of restriction).
What is the ‘root of title’?
- A document that is at least 15 years old at the date of the contract.
- Deals with the whole legal and equitable interest in the property.
- Contains an adequate description of the property.
- Does nothing to cast doubt on the title.
What are the main transactions which trigger first registration?
1) Conveyance on sale of freehold land
2) Assent
3) Deed of gift
4) Grant of a lease for a term of more than 7 years
5) Assignment on sale of a lease having an unexpired term exceeding 7 years
What is a Form A restriction and where is it placed?
A Form A restriction is placed on the proprietorship register denoting a behind-the-scenes beneficial interest, commonly that the beneficial interest is held by co-owners as tenants in common
