4.2 Title to Land Flashcards
How does an owner prove ownership of unregistered title?
by the production of documentary evidence of title which goes back at least 15 years and shows an unbroken chain of ownership from
the root of title to the current seller
The root of title is 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, and
- does nothing to cast doubt on the title.
Unregistered title is compulsory registrable when
a transaction which triggers first
registration takes place
The whole of England and Wales became compulsorily registerable on
1 December 1990
The main transactions which trigger first registration are
o a conveyance on sale of freehold land
o an assent - activates a gift to a beneficiary
o a deed of gift
o a grant of a lease for a term of more than 7 years, and
o an assignment on sale of a lease having an unexpired term exceeding 7 years
HM Land Registry only registers
legal estates and is not concerned with the beneficial interest
On registration, HM Land Registry investigates title and allocates a class of title dependent on the documentation produced. The most common classes of title are:
o absolute freehold title
o qualified title
o possessory title
o absolute leasehold title, and
o good leasehold title.
The following types of estates can be substantively registered at HM Land Registry, meaning that they are registered with their own register and title number:
o freehold estate
o a new lease that has more than 7 years to run when it is created
o an existing lease which has more than 7 years unexpired residue when it is assigned
o rent charges
o franchises, and
o profits à prendre in gross.
The Form A restriction on the proprietorship register denotes?
A behind-the-scenes beneficial interest, commonly that the beneficial interest is held by co-owners as tenants in common
Overriding interests are?
a class of interest, created by the LRA 1925 and preserved by the
LRA 2002, which are capable of binding a buyer despite the fact they do not appear on the
register of title
Name a common overriding interest
a person in actual occupation of the property who has rights to the property (for example due to the contribution to the purchase price).
Terms that are related to unregistered title
“conveyance on sale” or “epitome of title.”
If the title is registered, what terms will be used:
- “official copies”
- “property register”
- “proprietorship register”
- “charges register”
- “restriction”, or
- “title plan”.
In the unregistered system, a seller produces a
epitome of title
which is a schedule of relevant documents starts from the roof of title
In the registered system, the seller will produce
Their register of title to prove they own the land
What is the meaning of ‘conveyance of sale?’
This transfers ownership from seller to buyer in exchange for
money (known as valuable consideration). It is the unregistered
equivalent of a transfer.
Two main types of legislation that is to do with registered land
The LRA 1925 and LRA 2002
When should an application to the HM Land Registry be made following a ‘trigger’ for first registration
within 2 months of the triggering event
Name a few of the main transactions that trigger first registration
- a conveyance on sale of freehold land
- an assent
- a deed of gift
- the creation of a first legal mortgage over unregistered land
- a grant of a lease for a term of more than 7 years, and
- an assignment on sale of a lease having an unexpired term exceeding 7 years.
Property Register - what is this?
Identifies a property by postal address, gives details such as if freehold or leasehold and gives details of the lease
Proprietorship Register - what is this?
This specifies the class of title held and the name of the current holder(s) of the legal estate.
If there is a restriction affecting the title, it will appear here.
Charges Register
contains details of what entries negatively affect the land. Covenants and mortgages will appear on the charges register
Absolute freehold title
best class of title available and cannot be challenged.
Possessory title
This is a class of title based on possession of the land rather than
documentary evidence. Can be upgraded to absolute freehold title if it can be shown that the possessory title has been held for 12 years
Absolute leasehold title
The best form of title to registered leasehold land. This class of title is awarded when HM Land Registry has inspected all superior leasehold titles and the freehold title.
Good leasehold
title
This has the same effect as registration with absolute leasehold title except the guarantee does not extend to the freehold estate or any
superior leasehold titles. It means that the 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.
The LRA 2002 provides which following estates can be registered:
- freehold estate
- a new lease that has more than 7 years to run when it is created
- an existing lease which has more than 7 years unexpired residue when it is assigned
- rent charges
- franchises, and
- profits à prendre in gross.
What does it mean to say an estate can be registered?
They have their own register and title number
How do third-party rights on estate appear? On which platform?
Notices on the charges register or restrictions on an existing register of title
How does a restriction appear on the register?
Proprietorship register as a Form A Restriction
What is an ‘overriding interest?’
- only relates to registered land
- class of interests that do not appear on the register of title and yet are still capable of binding a buyer of the land.
- class of interests that do not appear on the register of title
Name the two most common overriding interests:
- leases for 7 years or less
- persons in actual occupation of the property that has the rights
To have an overriding interest in the property, a non-owning occupier must have
be in occupation
and have rights in the property
Note also that a non-owning spouse or civil partner who has a right of occupation under the Family Law Act 1996 (the matrimonial home right) does not have an overriding interest.
To have an overriding interest, an occupier must
- acquire a beneficial interest in the estate by contributing to the purchase price
- be in actual occupation of the property
A lease of more than X years is registrable at the HM Land Registry
7 years
good leasehold title
not good want an absolute leasehold title
