Land 4: Registration

Question 1

What are triggering events for registration?

Answer 1

• conveyance of freehold land
• assent
• deed of gift
• legal mortgage
• grant of a lease OVER 7 years
• assignment of lease with OVER 7 years remaining

Question 2

Deadline for applying for first registration? Consequences for missing this?

Answer 2

2 months of triggering event
- maybe extension if for good reason

Failure means
Conveyance
- transfer of estate is void and estate reverts to seller

Lease and Mortgage
- takes effect in contract only
- legal estate goes to transferor who holds it as bare trustee

Question 3

Who bares the cost of remedy of failure to register after triggering event?

Answer 3

Party in default (normally buyer)

Must also indemnify other party for any liability arising from failure

Question 4

What are the classes of title that can be awarded by HMLR

Answer 4

• absolute freehold title
• qualified title
• possessory title
• good leasehold title

Question 5

Absolute Freehold Title

Answer 5

• Registered Proprietor takes legal estate together with all beneficial interest (implied easements etc.)
• estate is only subject to interests entered on the register at the time of registration and overriding interests

Question 6

Qualified Title

Answer 6

Land Registry thinks title has some kind of defect (specified on the register)

Question 7

Possessory Title

Answer 7

Class of title based on factual possession of the land rather than possession of title
- squatters rights
- where title has been lost

Means third party interests created before the date of first registration will bind the property even though not noted in title

Question 8

Good Leasehold // Absolute Leasehold

Answer 8

Good Leasehold
- Land Registry satisfied as to title of leaseholder only and not freeholder

Absolute Leasehold
- where registry has also inspected all superior leasehold titles and freehold titles

Question 9

How can you upgrade Class of Title

Answer 9

Possessory can be upgraded to absolute freehold if Registered Proprietor can show that possessory title has not been challenged for 12 years since it was granted

Question 10

What interests can be substantively registered and what does this mean?

Answer 10

Substantively registered means they can be registered in own title number (rather than as notices or restrictions on existing register of title)

Estates:
- estates in land (freehold / leasehold)
- rentcharges
- franchises
- profits a prendre in gross

Question 11

What is the caution against first registration

Answer 11

Owner of an interest in unregistered land can register a caution. Meaning they will be informed of the fact land is going to be registered and given period of time to object to registration

Owner of estate where caution is lodged can apply to Registrar for caution to be cancelled if cautioner does not have the interest claimed