Land 5 - Enforcement of Interest reg. land

Question 1

What are triggering events?

Answer 1

Events that trigger registration for both unregistered & registered land
Unregistered: triggers registration for 1st time
Registered: must update register

Question 2

What triggering events are there?

Answer 2

• Transfer of freehold by sale, gift or court order
• An assent (pass by death)
• Grant of lease of 7 or more years
• Assignment of lease with 7+ years to run
• First legal mortgage with 7+ years to run
• Grant of lease to take place in 3+ months from date of grant

Question 3

What are registrable dispositions?

Answer 3

Along with their respective requirements, these estates/interests of land must be registered otherwise they won’t be legally recognised

Question 4

What registrable dispositions are there (legal interests)?

Answer 4

The following require registration to be legal interests:
- Transfer of a registered freehold/leasehold
- Grant of a lease of 7+ years
- Grant of a legal charge
- Express grant/reservation of a legal easement
- grant of LL right of entry (forfeiture).

Question 5

What is compulsory land registration?

Answer 5

When unregistered land is sold for the first time after 1st December 1990, the unregistered title must be registered

Question 6

What is the basic rule of priority for interests of land?

Answer 6

Interests of whatever kind take priority over later dispositions

Question 7

What is the exception to the basic rule of priority?

Answer 7

Where a transaction is for valuable consideration (i.e. not gifted or inherited), new owner is only bound by

• properly registered registrable dispositions (legal),
• interests protected by notice (equitable) and/or
• overriding interests (equitable and legal)

Basic rule, therefore, only applies to transactions not for valuable consideration

Question 8

What are 2 methods of protecting equitable interests and their definitions?

Answer 8

1. Notices: entering a notice on Charges Register of burdened land - binds subsequent purchasers
2. Restrictions: short-term entries that direct purchaser to do something specific to properly register purchase; don’t last beyond ownership e.g. short leases and beneficial interest in trust.

Question 9

What interests are protected by notice?

Answer 9

All equitable interests:
- Restrictive covenants
- Estate contracts
- Equitable easements
- Legal lease > 3 years but < 7 years (optional)
BUT NOT TRUST INTERESTS

Question 10

What interest is protected by a restriction?

Answer 10

Beneficial interests under a trust only

Question 11

What is the concept of overreaching?

Answer 11

• applies only to interests in land held by trust,
• a purchaser must pay money to at least 2 trustees to detach the beneficial interest.
• The interest applies to the money now, not the property, applies to both registered and unregistered land,

Question 12

What happens if a purchaser does not overreach a beneficial interest?

Answer 12

The interest will bind the purchaser as an overriding interest (as long as the beneficiary is in actual occupation of the land)