Intro to Land Registration

Question 1

What is the rationale of land registration?

Answer 1

Register should be a complete and accurate reflection of the state and the title of the land at any given time so that it is possible to investigate title to land online with the absolute minimum additional inquiries and inspections

Question 2

What are advantages of registration?

Answer 2

Each title has a title plan - provides boundary of property and who is responsible for the boundary

Ownership is guaranteed by the state

Reduced risk of fraud

Speeds up conveyancing

Question 3

Since when is it a rqeuirement for a first compulsory registration?

Answer 3

If land is sold = since 1 December 1990

If land is gifted or change of ownership after death = since 1 April 1998

Question 4

What are the trigger events for registration?

Answer 4

Transfer of freehold estate by sale, gift or court order

Grant of lease for a term of more than 7 years

First legal mortgage of a freehold or of a leasehold with more than 7 years to run

Question 5

What are the 3 principles of land registration?

Answer 5

The Mirror Principle

The Curtain Principle

The Insurance Principle

Question 6

What is the mirror principle?

Answer 6

The register has to reflect all the matters that the property has the benefit and burden of

A purchaser should only be able to look at the register to understand who owns a property and what third party rights will bind the property

Question 7

What is an overriding interest?

Answer 7

An interest that does not appear on the register but will still bind the owner of the legal estate and any buyer of it - so comes into conflict with the mirror principle

Question 8

What is the curtain principle?

Answer 8

the register records the ownership of the legal estate in property = the legal title

If property is held on trust, the purchaser need not be concerned with beneficial or equitable title

Question 9

What is the insurance principle

Answer 9

The accuracy of the register is guaranteed by the state

If there is an error this will be corrected and compensation paid

Question 10

What are the official copies?

Answer 10

The registered title documents

Question 11

What are the different classes of title that you can have?

Answer 11

Absolute: best form of ownership

Qualified: title has some defect which it will then specify on the register

Good leasehold: only for a leasehold and not a freehold

Possessory: may be given where applicant is in possession of the property and there is no other class of title that can be given.

Question 12

What is the consequence of non registration?

Answer 12

The transaction is not legally recognised