Glossary Flashcards
Absolute title/title absolute
One of the four grades of titled
The best class of title which can be awarded by HM land registry
Adverse Possession
- Possession of land without permission of the owner.
- Acquires a freehold estate in the land from the time they enter adverse possession
- estate is inferior to true owners superior estate
- if title not registered over time adverse possession extinguishes true owners estate
- if registered title is not extinguished but over time adverse possessor can apply to be registered as the proprietor of the title
Agreed Notice
A type of notice which is entered in the register in respect of an interest affecting a registered estate or charge
- an agreed notice may only be entered if 1. the applicant is the registered proprietor 2. the registered proprietor has consented to the entry 3. or the registrar is satisfied as to the validity of the applications claim
Appurtenant
A right is appurtenant to an estate if the estate has the benefit of the right - the right is often then described as being annexed to the estate
Alienate/alienation
The disposal of or dealing with an interest in land
- term most often used in relation to disposals of a leasehold estate
- it can include the transfer of the interest as well as the grant of a derivative interest out of the interest such as a sub lease or a charge
Benefit
A person has the benefit of a right if he or she is entitled to exercise the right and to enforce it
An estate in land is said to have the benefit of a right where a persons enjoyment or enforcement of the right is dependent on him or her being the current owner of the estate
Burden
A person is subject to the burden of an interest if he or she is required to comply with the obligations that it creates
- an estate in land is said to be subject to the burden of an interest where being the current owner of the estate carries the obligation to comply with and give effect to the interest
Caution against first registration
a notice lodged by a person entitled to an interest in unregistered land, notifying the registrar about their interest. the registrar must provide notice of any subsequent application for registration to the person who lodged the caution
example - a caution against first registration provides the holder of the interest an opportunity to protect it in the register
Chargee
a person with a charge (mortgage) over a property, holding a financial interest in it
The bank is the chargee in the mortgage agreement
Chargor
a person who grants a charge (mortgage) over an interest or estate in land
the homeowner is the chargor when they gran a mortgage to the bank
Charging order
an order of the court which imposes a charge upon the property to secure a debt resulting from a court judgment
may issue to secure payment of outstanding debts
Chief land Registrar
The head of HM Land registry - responsible for overseeing land registration and property records
Copyhold
A historic form of land tenure where a person held land from the lord of a manor now converted to freehold through enfranchisement
Copyhold has been converted to freehold
Curtain principle
one of the principles underpinning title registration, stating that trusts are not recorded in the register and it does not reflect beneficial ownership only legal ownership
Customary rights
Definition: Historic rights associated with a specific local area, like the right to use a piece of land for sports or hold an annual fair.
Example: The villagers have customary rights to graze their livestock on the common land.
Date and time recording
Definition: A record maintained by HM Land Registry that shows the date and time of each pending application against a registered title.
Example: Date and time recording helps maintain transparency in property transactions.
Demise
Definition: The grant of a leasehold estate or the area leased.
- Example: The demise of the property includes a 99-year leasehold.
Derivative interest under a trust
Definition: An interest granted out of a beneficial interest under a trust, such as a charging order.
- Example: A derivative interest under a trust allows a creditor to secure debt against the beneficiary’s interest.
Disponee
Definition: A person to whom an interest or estate in land is granted or conveyed, often referred to as a purchaser.
- Example: The disponee in this transaction is the buyer of the property.
Disponor
A person who grants or conveys an interest or estate in land t another in a disposition
example - the seller in a property transaction is the disponor
Easement
Definition: A proprietary right allowing a landowner to make limited use of someone else’s land, such as rights of way or rights to light or support.
Example: An easement may grant the right to access a neighboring property through a specific path.
Electronic conveyancing
Definition: A process of handling land transactions online, where part or all of the disposition takes place electronically.
Example: Electronic conveyancing streamlines property transactions through digital platforms.
Equitable interest in land
Definition: Interests in land recognized historically by the Courts of Equity and now by modern courts. They confer rights over land without ownership.
Example: An equitable interest may arise through a constructive trust established by a court.
Estate contract
Definition: A contract for the creation or transfer of an interest or estate in land, including options to purchase and rights of pre-emption.
Example: Signing an estate contract is the first step in the process of buying or selling a property.
Estate in land
Definition: A right to land that confers use or possession for a specific duration, like freehold or leasehold estates.
Example: A leasehold estate provides the right to use a property for a fixed term.
Fee simple (absolute in possession)
Definition: Another term for a freehold estate, potentially lasting indefinitely.
Example: Owning property as a fee simple means you have full ownership without a time limit.
Freehold
Definition: An estate in land with the potential to last indefinitely.
Example: Freehold properties are often houses where the owner has full ownership of both the building and the land it stands on.
Grant of an estate
Definition: The formal creation of an estate or interest in land, such as granting a lease or easement.
Example: The grant of an estate takes place when a landlord leases a commercial space to a tenant.
Indemnity covenant
Definition: A promise by one person to undertake obligations held by another, including reimbursement in case of non-compliance.
- Example: An indemnity covenant may be used in a property transaction to ensure the seller compensates the buyer for any undisclosed issues.
Insurance principle
Definition: One of the principles of title registration, where the register guarantees title accuracy, compensating those who suffer losses due to registry errors.
- Example: If the register contains incorrect information, the Insurance Principle ensures compensation by HM Land Registry.
Issue estoppel
Definition: Occurs when a court decides a question of fact or law essential to a case, preventing re-litigation of that issue in the future.
- Example: Issue estoppel prevents parties from re-litigating a settled legal question in subsequent cases.
Lease/Leasehold estate
Definition: An estate in land for a fixed duration where the landlord grants exclusive possession to a tenant.
- Example: Renting an apartment under a lease creates a leasehold estate for the tenant.
Legal interest in land
Definition: Rights affecting land recognized by common law courts, conferring specific rights without ownership.
- Example: A legal interest may include a right of way or an easement.
Licence
Definition: A permission to perform an action on another’s land without trespass, conferring no proprietary rights.
- Example: A license might allow a neighbor to walk through your garden without trespassing.
Manorial Rights
Definition: Rights held by lords of former copyhold land, such as hunting, fishing, or holding fairs. Some may include rights to mines and minerals.
Example: The lord of the manor had manorial rights, including the right to hold an annual fair in the village.
Minor interests
Definition: Rights in land that are not registered with their own title or overriding interests.
Example: An easement is considered a minor interest in land.
Mirror principle
Definition: One of the principles of title registration aiming to provide an accurate reflection of property rights concerning a specific piece of land.
Example: The mirror principle ensures that the registered title accurately represents ownership and interests in the land.
Nemo dat quod non habet (Nemo Dat)
Definition: A common law principle stating that one cannot convey or transfer property they do not own.
Example: If you don’t own a car, you cannot legally sell it to someone else.
Overreaching
Definition: A means to remove certain interests in land, particularly beneficial interests under a trust, during a property sale.
Example: Overreaching occurs when the proceeds from the sale of a property are used to satisfy the trust’s beneficiaries.
Overriding interest
Definition: An interest binding on a first registered proprietor or disponee, even if not noted in the register.
Example: An adverse possession claim may become an overriding interest, affecting the title.
Parol lease
Definition: A short lease of three years or less at market rent, not required to be in writing.
Example: A parol lease can be a verbal agreement for a yearlong apartment rental.
Positive covenant
Definition: A covenant in a deed requiring the owner to perform certain actions or spend money for the benefiting estate.
Example: A positive covenant might require a property owner to maintain a shared fence.
Possessory title
Definition: One of the classes of title registration indicating the owner’s possession but not affecting existing adverse interests.
Example: A property owner may have possessory title when no adverse claims are found during registration.
Postpone
Definition: A term used in the LRA 2002 allowing a registrable disposition to take priority over a pre-existing estate or interest.
- Example: A buyer may postpone an existing mortgage to secure a new loan for their property.
Prescription/prescriptive acquisition
Definition: Acquiring rights through long use, such as gaining a right of way over time.
- Example: An easement obtained through continued usage without formal agreement is a form of prescriptive acquisition.
Priority
Definition: Refers to the order in which interests are enforceable and which interests take precedence over others.
- Example: A mortgage typically has a higher priority than unsecured loans.
Priority search
Definition: A search of the register providing a priority period for registering a disposition, postponing entries made during this time.
- Example: A buyer conducts a priority search to ensure their property transaction takes precedence over other claims.
Profit a prendre
Definition: A proprietary right allowing the removal of natural products from someone else’s land, like cutting turf or taking game.
- Example: A right to gather firewood from a neighbor’s forest is a profit à prendre.
Proprietary estoppel
Definition: An equitable principle enabling a person to claim rights in land when they relied on assurances from the landowner and suffered detriment.
- Example: If a landowner promised to leave their property to someone in their will, the principle of proprietary estoppel may grant them rights to the land.
Qualified title
Definition: One of the classes of title with which a proprietor may be registered, indicating that certain enforcement exceptions are listed in the register.
Example: A property owner with qualified title may have some limitations on their rights to the land, as mentioned in the register.
Registerable disposition
Definition: A disposition required to be completed by registration under the Land Registration Act 2002. It doesn’t operate at law until registration requirements are met.
Example: The sale of a property requires a registerable disposition to be legally finalized and recorded in the land registry.
Registration gap
Definition: The period between the completion of a disposition and its registration, consisting of two distinct phases: submission of the registration application and its completion by HM Land Registry.
Example: During the registration gap, the property may legally change ownership, but this change isn’t officially recorded until registration is completed.
Requisition
Definition: An inquiry raised by HM Land Registry of an applicant for registration, requesting additional information or documentation before completing the application.
Example: HM Land Registry might issue a requisition to an applicant who failed to provide necessary documents for property registration.
Restriction
Definition: An entry in the register regulating the circumstances under which a disposition of a registered estate or charge can be recorded in the register.
Example: A restriction might prevent the sale of a property without the consent of a specific party, such as a co-owner.
Restrictive covenant
Definition: A promise within a deed that limits the landowner’s use of their property, enforceable by the owner of the benefiting estate.
Example: A restrictive covenant may prohibit property owners from building structures exceeding a certain height.
Registrable disposition
Definition: The estate from which a lease has been granted for the duration of the lease.
Example: The registrable disposition records the lease and its specific terms, affecting how the property can be used during the lease’s duration.
Reversion tribunal
Definition: A judicial body performing functions similar to courts in specialist areas, such as property disputes arising from land registry applications.
Example: The Reversion Tribunal resolves conflicts related to property and land ownership disputes brought before HM Land Registry.
Trust of land
Definition: A legal relationship where land is held in law by up to four trustees for the benefit of themselves or others known as beneficiaries.
Example: A trust of land may be established to hold a family property for the benefit of multiple family members, with trustees managing it.
Unilateral notice
Definition: A type of notice entered in the register concerning an interest affecting a registered estate or charge, typically without the consent of the relevant proprietor.
Example: An individual claiming a legal interest in a property may lodge a unilateral notice, alerting potential buyers to the interest without proving its validity.
