LAND REG INTRO- intro, principles etc

Question 1

ultimate aim of leg?

Answer 1

land registery is not registered land its putting things on the reg as title to become registered prop or its is allready REGISTERED

*Once an unregistered title becomes registered, generally speaking, any subsequent transacting with that Land Title takes place through the medium of the Land Register.- registered land forever

In general terms the Land Register itself is a primary source in identifying the legal ownership of Land.

register all lands

unreg land - create prob for conveyancing - sale/transfer of land process of reg automatically take places
thats why we want to register unreg land- so if mortage sold transfered= triggered

Question 2

what are the 2 types of lands?

Answer 2

reg and unreg

Question 3

what are reg lands?

Answer 3

comply with lra 2002 which builds firmly on principles held by lra 1925
registered prop will get a legal title but other propriatary rights might be granted (interests) whether legal or eq once enjoyed by subs owners and will bind new purchaser

Question 4

when did lra 2002 come into force?

Answer 4

13 oct 2003- act gives current law on modern day land reg

so if happens before use 1925 after use 2002

Question 5

aim for land reg?

Answer 5

• Aim – To simplify and make more cost effective transacting in land/ Conveyancing.
• Aim – Ultimately, to totally replace the old fashioned system of Title Deeds Conveyancing.
• Aim – In time to introduce a system of on-line instant e-conveyancing, see LRA 2002.
• Most land being bought, sold and mortgaged nowadays etc is Registered Land.
• Each time any land is sold, leased (over 7 years), or property rights (easements etc) created – the Land Register is amended/updated to detail these changes.
• It is what the Register records which gives the current legal position of the parcel of land in question.

Question 6

more aims for land reg?

Answer 6

• Creeping registration which is done on a zonal basis the last zone of compulsive reg is of 1990 so now we are 1 big zone of compulsive registration,
• so if you do anything in unregistered land chanes are theres a trigger that will have to come for registered land -

reg land-When selling or otherwise dealing with existing registered land, relevant details must be sent to Land Registry, so the register can updated and amended.

Question 7

extra aims for land reg?

Answer 7

Thus, at a glance, a Purchaser’s solicitors can get an immediate breakdown of the titles, estates, and property interest which appertain to a parcel of land.

A purchaser of a legal estate (e.g a Freehold/Fee Simple), will be bound by third party property rights (legal or equitable) which have been noted on the Register.

-To enable purchasers to rely 100% on accuracy of register

-To allow the register to be a complete and a100% accurate reflection of the state of the title(s) affecting a parcel of land – Purchasers can RELY on the register;
To allow a purchaser on simple inspection of the register to be able to discover the broad totality of titles, property rights and interests affecting a parcel of land, so the price truly reflects the position, (‘caveat emptor’);
To enable a purchaser to buy land free of certain types of interest over land, where these interests become transmutated into the money paid to the seller – ‘Overreaching’

creates public conf

Question 8

more moreeeee aims for land reg?

Answer 8

To reduce possibility of fraud;

-To make land more saleable and alienable generally

Question 9

reason for lra 2002

Answer 9

• expands on principles
• The land register is the source of your title, deed only applicable to unregistered but if regsutered its already on land reg where they will update land reg entry and update you as new properieter

Question 10

emphasis of title lra 2002?

Answer 10

Getting on land register= GIVES YOU THE LEGAL TITLE- its not the contract or transfer deed , registered land is getting that final stage, getting your name as properierter, that gives you the legal title, the land register is the source of your legal title, and source of any 3rd party property rights
- land that is registered means that the title to it is stae, freehold, lease hold, (freehold/leasehold) is now maintained in register and accessed throught number of district languages for England /wales, computerised / accessed online

Question 11

registration of title?

Answer 11

aka ownership of land is gained

Land which is registered means that the title to it (estate, Freehold, Leasehold, Freehold/Commonhold) is recorded in a register maintained at HM Land Registry, accessed through a number of district land registries throughout England and Wales.

Register is computerised and can be accessed online.

-Each Title is referenced by a unique title number.
Other details pertaining to the title also are recorded, e.g quality of the title, general description of the land, identity of the estate owner.

• Other property rights and interests relating to the land/title are also recorded against the title number.
• As system is a register of land title, several titles, can exist with one piece of land, e.g freehold, head lease, sub-lease etc. These different titles can be noted on register.

Question 12

Registrable Estates

Answer 12

Under LRA 2002 not every ‘estate’ is registrable i.e a ‘qualifying estate’
Under current LRA 2002 a registrable estate, (being one that must be registered on creation/transfer) is either a legal freehold or a legal leasehold estate (i.e one being over 7 years from creation or one with more than 7 years left to run at time of any transfer to a new tenant).
All other estates cannot be registered, e.g life estates, short leases under 7 years etc.

Question 13

what is s4 lra 2002 for?

Answer 13

where First Registration of Unregistered Titles (S.4 LRA 2002)

Question 14

what is s27 lra 2002 for?

Answer 14

where already reg title been transferred

Question 15

triggers for first reg?

Answer 15

(i) The transfer (‘conveyance’) of an unregistered freehold estate to another person whether for valuable consideration (e.g sale) by gift, on death by way of trust or under order of the court;
(ii) the transfer of an existing lease in the land to another, where it has more than 7 years left to run at the date of transfer, whether for valuable consideration (e.g sale), gift, on death or under court
(iii) the grant of a legal lease of more than 7 years duration, either out of an unregistered freehold or out of an unregistered leasehold of more than 7 years duration, (here the lease in question will be registered even if the estate out of which it is carved is not);
(iv) the creation of a first legal mortgage over an unregistered freehold or unregistered leasehold with more than 7 years left to run, which will trigger registration of both the mortgage and of the title over which it is created.

triggers extended lra 2002

Question 16

Operation of Registered Land compared to unreg - s.27?

Answer 16

Unlike with unregistered Title Deeds Conveyancing the registration of titles lies at the heart of registered land.

S.58 LRA 2002 states the ‘registered proprietor ‘shall be deemed’ to have been vested with the legal estate (freehold/qualifying leasehold) as it is noted on the register.

Question 17

what id reg prop by fraud or mistake?

Answer 17

-Thus a person registered as a proprietor as the result of fraud or mistake has a valid title nonetheless, albeit they may be subject to a claim for rectification of the register against them.
See however:- Malory Enterprises v Cheshire Homes and Chief Land Registrar (2002) and Derbyshire CC v Fallon (2007) Walker v Burton (2012) and Baxter v Mannion (2011).
A registered proprietor has all the powers of an absolute owner, subject only to entries on the register, Ss.23 & 26 LRA 2002.

if coownershup theres more than one of them , they have to agree

Question 18

what about time to apply?

Answer 18

A purchaser of a registrable title (albeit unregistered at time of purchase) has 2 months from practical completion in which to apply for his title to be registered.
If a purchaser fails to apply in time the purchase becomes void as regards the transfer of the legal estate.
Purchaser has therefore an equitable title only, behind a trust, with the legal title remaining vested in the seller as trustee (Vendor-Purchaser Trust).

so apply within time if no then only have equitable title behind trust - legal remains tot he first person vendor

??

Question 19

grades of title?

Answer 19

for unreg land so once applied
When a title is presented for a first registration HM Land Registry will investigate the Title Deeds/root of title and check the validity of the application for registration.
HM Land Registry will then assign a grade of title to the land subject to the application for registration.
There are FOUR possible grades of title which can be awarded in registering the land in question.

Question 20

what are the four grades of title?

Answer 20

(i) Absolute Title - most ideal
(ii) Good Leasehold Title
(iii) Possessory Title
(iv) Qualified Title

Question 21

what is (i) Absolute Title - most ideal?

Answer 21

-

Question 22

what is (ii) Good Leasehold Title?

Answer 22

-

Question 23

what is (iii) Possessory Title?

Answer 23

-

Question 24

what is (iv) Qualified Title?

Answer 24

-

Question 25

Registered Dispositions? - what happens when reg made? as unreg u get titles

Answer 25

By Ss.25, 26 and 27 LRA a transfer of a registered freehold or leasehold estate is not complete until the new owner is entered on the Land Register, as registered proprietor.
This is taken to be when the application to the
Registry is made.

-Once successfully registered the registration is conclusive as to the title of the new owner, (S.58 LRA) and entitles him to exercise full powers to deal with the land under S.23 LRA.

Question 26

what is the basic prority rule?

Answer 26

It the transferee is not a purchaser (e.g he was given land for free inter vivos or by will) he takes land ‘subject to warts and all’ i.e subject to all prior third party property rights, irrespective of whether they have been noted on the register or not -‘The Basic Priority rule’, S.28 LRA.

Question 27

what if a person has given consideration as opposed to transferee not purchaser?

Answer 27

If transferee has given consideration, (i.e he is a purchaser)

Question 28

what is the special priority rule?

Answer 28

If transferee has given consideration, (i.e he is a purchaser) S.29 dictates that when registered he takes free from all pre-existing third party property rights except registered charges and overriding interests (Schedule 3 LRA) and protected third party registered interests - unregistered interests don’t bind transferee purchaser! -‘The Special Priority rule.’

Question 29

case for special priority?

Answer 29

See Halifax v Popeck (2008)
Held: A question of fact in each conveyancing transaction whether in substance an actual ‘sale’ has occurred rather than a gift.

Question 30

the register layout itself?

Answer 30

(i) The Property Register- describes land-This gives a description of the property, e.g No.12 The Mews, Stratford Street, Birmingham etc), often by reference to a Plan, detailing boundaries, and details the titles (e.g freehold), and property rights which benefit the land e.g easements, freehold covenants etc).
(ii) The Proprietorship Register- who owns land-This identifies the individual(s), company, local authority etc who own the land and the title held.
(iii) The Charges Register- burdens of land - restric cov, mortgagesm easenets, option 2 purchase etc

Question 31

what are the principles of reg?

Answer 31

mirror principle- The aim of land registration is that the Land Register should seek to cover every plot and parcel of land in England and Wales. To this end it is based on the Ordinance Survey Map.
-the land register should be an equal mirror reflecting the totality of property rights/titles and interests affectingdiff parts of land

In relation to each physical plot/parcel of land, the Land Register records all the salient legal information, e.g:

(i) the nature of the title held (e.g freehold, leasehold or commonhold)
(ii) the identity of the proprietors of the relevant titles;
(iii) details of any third party property rights which benefit or burden the parcel of land in question and their owners (e.g easements, mortgages, options and freehold covenants etc).

insurance/idemnity principle- This is the idea that the State, with a fund of money, guarantees the legal accuracy of the Land Register. The Register is always right, even if its wrong ! This enables conveyancers and purchasers to rely 100% on its accuracy in all events. Any loss or damage caused by an inaccurate or inappropriate entry or the wrongful removal of a valid property title or right by the land registry staff can be compensated.

curtain principle- Details of the true ownership of land in equity behind any trusts affecting the land are kept off the Register. Thus the Register is a ‘curtain’ which hides the true equitable ownership position.
A purchaser inspecting the Land Register need only be concerned in cases of co-owned land that there are at least 2 Trustees of the Land (i.e legal/registered proprietors), so that the ‘overreaching’ of all equitable owners rights behind any trust is effected, see City of London Building Society v Flegg (1988) HL Per Lord Oliver, Ss2 and 27 LPA 1925.
??

Question 32

register overall purpose?

Answer 32

alienability and certainity- no need to look to look at title easy to convey etc

also conclusive apart from when it comes to overriding interests