Land Law - Registration of Title to Land

Question 1

Three registers of title

Answer 1

• Property Register: address, estate, rights benefiting property
• Proprietorship Register: holder(s) of legal estate and class of title
• Charges Register: rights burdening property

Question 2

First Registration

Answer 2

When property is registered with Land Registry

Required on triggering event

Whole country became compulsorily registerable after 1 December 1990 in the following circumstances:

• Conveyance
• Assent
• Deed of gift
• Grant/assignment of 7+ year lease
• Grant of a first legal mortgage

Register within 2 months of triggering event

If deadline not met then transfer of estate becomes void and legal estate reverts to the seller (cost of remedying failure to register will fall to party in default)

After first registration all old unregistered title deeds and documents cease to have legal effect

HMLR issues a ‘Title Information Document’ which is an updated copy of the register

Question 3

Classes of Title

Answer 3

1. Title absolute: applicable to both types of estates. Best form of title, owner takes estate and all benefiting interests
2. Qualified title: title qualified in some way (very rare)
3. Possessory title: based on possession of land not on production of documentary evidence (e.g. issued if squatter makes an application for title based on adverse possession)
4. Good Leasehold title: issued if a person applies for a lease and they show documents for their own lease but not for the landlord’s freehold title

Question 4

Upgrading class of title

Answer 4

• If you have possessory title that has been unchallenged for 12 years the person can apply for this to be upgraded to title absolute
• If you have good leasehold title this will be upgraded to title absolute if you provide documents showing your landlord’s freehold title

Question 5

Substantive Registration

Answer 5

• Estate gets own register and title number (different to third party interests which appear on an existing register of title)
• Freehold and leasehold estate, rentcharges, franchises and profits á prendre in gross can be substantively registered

Question 6

Caution against first registration

Answer 6

HMLR create separate title register for caution and if someone applies for first registration the person with benefit of caution will hear about it

Must have good cause to register a caution

Question 7

When does title pass?

Answer 7

• In unregistered system: on completion
• In registered system: on registration

Question 8

Third-Party Interests in Registered Land

Answer 8

Most should appear on an estates register of title

Legal mortgages and legal easements take affect at law only if they are registered

Other third party interests can only be protected by notices and restrictions on the register of title

• Notices: for burdens affecting land
• Restrictions: to restrict registration of certain dealings with land

Failure to enter a notice is that the interest will not be binding on purchasers for valuable consideration - although binding on someone who is gifted the property

Question 9

Overriding Interests

Answer 9

• Overriding interests apply only to registered land
• Capable of binding a buyer even though they don’t appear on register of title
• Include legal leases for 7 years or less and unregistered legal easements
• Implied legal easements or profits a prendre - purchaser must have actual knowledge of easement/profit, easment/profit is obvious on reasonable inspection or easement/profit exercised within one year of the date of the disposition
• Most relevant one is the interest of persons in actual occupation with property rights

Question 10

Adverse Posession of Registered Land

Answer 10

Process of acquiring title to a piece of land by virtue of physical possession

Came into force in October 2003

After 10 years possession the possessor has right to apply for title (contrast with actually acquiring the title) - the individual must show that:

• They are in actual physical posession,
• The posession is exclusive to them; and
• Possession is without permission of landowner

Owner receives notice and can object and not lose title (this does not exist in unregistered system)

Exceptions: if unconcionable for registered owner to seek to disposses the squatter, if applicant is for some other reason entitled to be registered as owner of the land or there has been a mistake as to boundaries

Question 11

Interests of persons in actual occupation

Answer 11

Overriding unless:

• Occupier failed to disclose their occupation on reasonable equiry; or
• Occupation was not obvious on a reasonably careful inspection and the buyer did not have actual knowledge of the interest

Mere occupation is not enough - must also have a property right in the land as well (e.g. contributed to purchase price)

Rights of occupation enjoyed by non-owning spouses or civil partners are not capable of being an overriding interest

Question 12

Actual Occupation

Answer 12

Court will take into account a number of factors, such as:

• Degree of permenance and continuity of presence
• Intentions and wishes of the person concerned
• Length and reason for any absences
• Nature of the property
• Personal circumstances