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Law > Land 7 - Registered and Consolidation > Flashcards

Land 7 - Registered and Consolidation Flashcards

1
Q

Property register

A

Verbal description of the land and a reference to the title plan.
Type of estate - freehold/leasehold

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2
Q

Proprietorship register

A

Class of title - Absolute, possessory and qualified
Restriction effecting legal estate of land
Name and address of registered proprietor
Easements - benefit of the land.

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3
Q

Charges register

A

Notice of third-party rights.

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4
Q

First registration s4(1) LRA 2002

A

Qualifying estate - unregistered freehold and unregistered leasehold with more than seven years to run.
Transfer of estate by sale gift, court order or assent triggers first registration

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5
Q

Assent?

A

PRs transfer land to a beneficiary under a will

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6
Q

Procedure

A

Buyer investigates unregistered title, inspects the land and searches the charges register.
Checks for cautions (notification of interest in unregistered land)

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7
Q

Voluntary registration s3(LRA 2002)

A

Fee to pay, qualifying estate owners can at any time

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8
Q

Legal lease

A

More than 7 years - must be registered.
Lease given its own title number.
Protected as overriding interest.
Does not trigger the freehold registration

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9
Q

Mortgages

A

Creation of first legal mortgage - mortgage of freehold unregistered land or mortgage of an unregistered lease with more than 7 years to run would trigger registration of freehold and leasehold respectively

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10
Q

Time limits?

A

Apply for first registration within two months of the triggering event

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11
Q

If not within time limit?

A

Transfer - legal estate reverts to transferor- equitable interest held until registration complete
Legal lease - legal lease fails, equitable until registration
Mortgage - Same
Land registry may extend if good reason

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12
Q

Registrable dispositions

A

Transactions have to be registered themselves
- transfer of registered estate
- legal lease for more than seven years (appears in charges register of landlords title
- legal charge - charges register of borrower’s title - two entries charge and proprietor
- expressly granted legal easement of profit - registered in charges register of the serviant land

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13
Q

Priority of mortgages

A

Those that appear first in time will rank first

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14
Q

Minor interests

A

Third party interests
- not capable of substantive registration
-set out in s27 LRA 2002 as registrable dispositions
-overriding interests

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15
Q

Examples of minor interests

A

estate contracts, home rights, interests under a trust, equitable easements of profit created after 2003, equitable leases and restrictive covenants.

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16
Q

S29(1) LRA 2002

A

A purchaser of a registered title for valuable consideration takes free of unprotected minor interests

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17
Q

Restrictions

A

Interests under a trust protected by a restriction (proprietorship register). Buyer needs to implement overreaching.
Entry will prevent later registrable disposition not in terms of restriction
May be entered without consent of registered proprietor

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18
Q

Notices

A

Charges register (s32 LRA 2002)
Without consent, trust of land cannot be protected by notice (s33 LRA).
Registered proprietor can challenge notice and claim damages for loss.

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19
Q

Overreaching

A

Purchase money to a minimum of two trustees (who hold the legal estate).
Disposes of beneficial interest.

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20
Q

Interests which override

A

Legal easements, leases not exceeding 21 years, rights of person in actual occupation.

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21
Q

Buyer of valuable consideration

A

Takes free except from
Registered charges
Notices
Interests which override in Sch 3

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22
Q

Legal leases under seven years

A

Automatically protected by para 1 (Sch 3)

23
Q

Legal easements and profits

A

After October 2003.
Implied by
-necessity
-common intention
-Wheeldon v Burrows
-s62 LPA
-prescription
Do not require deed
Treated as overriding if -
purchaser has actual knowledge
would have been apparent on reasonably careful inspection
easement of profit has been exercised at least once in the year prior

24
Q

An interest (proprietary) + Actual occupation

A

Interest exceptions (do not count)
-personal rights (contractual licenses)
-home rights by actual occupation
-easements when mere user

Occupation
Actual - physical presence
Occupation - some degree of permanence and continuity

25
Q

Temporary absence

A

Intention to return, visible occupation evidence.
-intentions, reasons, nature, personal circumstances, degree of permanance and continuity

26
Q

Commercial property

A

Car in garage
Erecting fences, no tresspassing signs
Some degree of permanence and continuity

27
Q

Exceptions to Sch 3

A

Sch 3 Para 2-
Failed to disclose right, persons occupation not obvious (unless actual knowledge)

28
Q

Approach

A

Identify the interest
Capable of being legal - or equitable by nature
Correct formalities
No deed - equity may intervene - contract, complying with s2 LPMA, capable of being specifically performed
Legal equitable or statutory
How should the right be protected
Has the interest been protected

29
Q

Consolidation

A

Next chapter (9)

30
Q

Beneficiary under a trust

A

Notice in proprietorship register - tenancy in common.
If overreaching not happened
- obvious occupation
-actual knowledge
-disclosed interest
-protected under Sch 3 Para 2

31
Q

Easements and profits before 12 October 2003

A

Legal and equitable overriding

32
Q

S30 FLA - Home rights

A

Parties are legally married
Intended as the matrimonial home
Must be protected by entry of a notice in the charges register

33
Q

Express legal easements and profits after 12 October 2003

A

Completed by registration s27(2)(d) LRA 2002.
Charges register of burdened land

34
Q

Implication or prescription after 12 October 2003

A

-Necessity
-Common intention
-Wheeldon v Burrows
-s62 LPA 1925
or prescription
If Sch 3 Para 3 LRA 2002-
-actual knowledge
-apparent on reasonably careful inspection
-exercised at lease once in the year prior to disposition

35
Q

Equitable easements and profits created after 12 October 2003

A

-not completed by registration
-been an attempt but not in the form of deed (Walsh v Lonsdale equitable)
-uncertain duration
All demotes to equitable right

36
Q

Effect

A
  • Minor interests when notice on charges register
    -Chaudhary v Yavuz (2011) - dominant owner failed to protect by notice, argued it should be as a proprietary interest with actual occupation
37
Q

Equitable easement

A

Cannot be upgraded to overriding interest

38
Q

Freehold covenants

A

Tusk v Moxhay
-negative in substance
-made to benefit the dominant land
-must touch and concern the dominant land
-intent to burden serviant land
-must have notice

39
Q

Minor interest

A

Is a minor interest unless - purchaser of registered title for valuable consideration s29(1).

40
Q

Overriding interest?

A

Has to be protected by notice in charges register before disposition

41
Q

Mortgages

A
  • Deed required for legal
  • Equity may intervene under Walsh v Lonsdale if not
    -s53(2) - when a co-owner creates a mortgage under their equitable interest under a trust
42
Q

Legal?

A

When entered into the charges register s27(2)(f) LRA 2002

43
Q

Timing?

A

If interest created after date of registration of mortgage - lender is not bound

44
Q

Interest created before?

A

s29 LRA 2002-
- a registered charge
- subject of a notice in the register
- an overriding interest in sch3

45
Q

Beneficial interest under a trust?

A

Actual occupation Sch 3 Para 2.

46
Q

Leases

A

Created by deed
-Unless s54(2) LPA - Parol lease

47
Q

Leases more than 7 years

A

Has to be completed by registration s27(b)(i) LRA 2002
If not equitable lease

48
Q

Leases for 7 years or less

A

Automatically protected as overriding interests by Sch 3 Para 1. Both fixed term and periodic leases

49
Q

Equitable leases

A

7 years or longer (not been registered)
Attempt to create express legal lease but not in form of lease - equity would recognise under Walsh v Lonsdale principle).

50
Q

How are they protected?

A

Notice in the charges register ss29 and 32 LRA 2002.

51
Q

If not protected by entry of a notice?

A

Interest may take effect as an overriding interest under Sch 3 Para 2 -
obvious occupation
buyer has actual knowledge
tenant failed to disclose when reasonably expected to do so.

52
Q
A
53
Q
A

Law (39 decks)

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