Land 6 - Unregistered land Flashcards
Proof of title
When selling must prove ownership.
Uninterrupted for 15 years.
Bundle called epitome of title.
Shows ownership of whole legal and equitable
recognisable description
does not cast doubt on title
is at least 15 years old.
Usually conveyance or mortgage.
Lease;
epitome of title - lease plus documents showing uninterrupted possession for 15 years.
Disadvantages of unregistered
Forged documents
Time consuming
May be lost.
May unwittingly buy property with third-party rights.
Third party rights (legal)
Purchaser s205 -
lessee, mortgagee (lender) or valuable consideration acquires an interest.
Legal -
capable
correct formalities
Creates legal interest.
Binds the world.
Puisine mortgage (not protected by deposit of deeds) - second mortgage usually where first taken deposit of deeds.
Third party rights (equitable)
Equitable as;
-interest not capable of being legal
-capable but not correct formalities
Protected by land charge of doctrine of notice
Land Charges -
C(iv) an estate contract
D(ii) a restrictive covenant
D(iii) an equitable easement
F - a home right
C (i) - puisine mortgage.
Registered against owner in version of name as appears on deeds
Registering confirms actual notice from date of registration.
Land charges search against all names of estate owners in epitome of title. Even those who pre-date.
If followed may be entitled to statutory compensation if there is a later charge revealed.
Doctrine of notice;
equitable interests pre-dating 1925
bénéficial interest under a trust.
Post 1925 protected by land charges.
Bound unless equity darling - bona fide purchaser without notice.
Some consideration.
Must be buying legal estate or legal interest.
Where equities are equal first in time will prevail.
Actual notice;
must know
Constructive;
when inspecting look for third-party rights. Enquiries a prudent buyer would make.
Imputed notice; buyers agent has constructive or actual notice.
Overreaching
Beneficial interest under a trust.
Minimum of two trustees. (hold legal estate).
Interest would be in proceeds of sale not property.
REMINDER
Interest capable of being legal, but no deed equity may intervene to recognise interest if there is;
contract
complying with s2 LPMPA
capable of being specifically performed
Consolidation
Co-ownership and trusts
Equitable
Formalities;
writing and signed (express)
None for implied
Overreach -
two trustees.
Unregistered - will be bound by implied if no overreaching (doctrine of notice applies unless equity darling.
Registered - protect by placing restriction in proprietorship register.
Entry will prevent registration of later registrable disposition for value.
Tenants in common - restriction on proprietorship
Beneficial joint tenants - no restriction
If no overreaching and no restriction
may be overridding if sch 3 LRA;
obvious occupation on reasonably careful inspection
buyer has actual knowledge of their interest
beneficiary under trust has disclosed their interest on enquiry.
Unregistered -
minimum of two, if not overreached doctrine of notice
Registered -
minimum if two, interest may be overriding under sch 3 (above)
Home rights. S30 of FLA 1996
Non-owning spouse (legal);
legally married or civil partners
home been intended to be matrimonial home.
Do not create interest.
Unregistered -
must be protected by class F land charge.
If not void against buyer for money or moneys worth.
Registered -
must be protected by entry in charges register.
Cannot be overriding interest.
Easements
Unregistered -
Legal easement (expressly, necessity, common intention, Wheeldon v Burrows, s62 LPA or prescription)
Equitable - post 1926 only bind if protected by D(iii) Land Charge.
If not, buyer for money or moneys worth unless registered before completion.
Pre 1926 - doctrine of notice.
Unless equity darling.
Registered -
Existing before 12 October 2003-
overriding under s70(1) LRA 1925
Express legal easements and profits after 2003 -
have to be registered.
Otherwise will be equitable.
After 12 October 2003;
do not need deed.
Implied by;
necessity, common intention, Wheeldon v Burrows, s62 LPA.
Prescription -
Sch 3 para 3;
actual knowledge
or
apparent on reasonable inspection of land
or
exercised at least once in year prior to disposition.
After 12 October 2003 (equitable interests)
-expressly and validly created but not completed by registration
-attempt to expressly create a legal easement or profit but not in form of deed. (Equity by Walsh V Lonsdale)
-an easement or profit has been created for uncertain duration which does not comply with criteria (therefore equitable).
Equitable easements -
minor interests which only bind if person with benefit has entered notice on charges register.
Prior to registration of any disposition for valuable consideration.
Covenants
Only runs in equity if Tulk v Moxhay satisfied;
negative
benefit dominate retained by covenantee
covenant must touch and concern
Intent to burden servient land
Servient land must have notice of covenant.
Only if notice;
Unregistered -
Before 1926 doctrine of notice. (Save for equity darling).
Post 1926 - protected by D(ii) Land Charge registered against name of estate owner as appears on deeds.
If not void against buyer for moneys worth.
Registered -
Minor interest
S29(1) LRA 2002 - purchaser of registered title for valuable consideration takes free of unprotected minor interests.
Protected by registration of notice. Without consent of registered properietor. must be entered before disposition to buyer.
Mortgages
Can be legal (by deed).
Equity may intervene under Walsh v Lonsdale.
Unregistered -
Most lenders take deposit of title deeds.
Binding against the world.
First mortgage trigger compulsory first registration.
Pruisine class C(i).
If not void.
Registered -
Only when registered as charge.
Order of registration.
If lender using power of sale check;
-if interest created before date of registration of mortgage
-if created after date of registration lender not bound.
Interest prior will only bind lender if;
(s29 LRA 2002)
registered charge
subject of notice in register
overriding interest in sch3.
Beneficial interest under trust via contribution only protected by actual occupation. Need to pre-date completion of mortgage.
If re-mortgages then lender bound by any trust interest that already exist.
