Land - Registered Land (2) Flashcards
What is registered land?
Registered Land: Registered Land are estates subject to registered title at the Land Registry. One plot of land may have multiple titles over it, such as a freehold and several long leases. Anyone can request a copy of title from LR (for a fee).
What are registered land registers?
Land Registers: Registered titles are subject to three ‘registers’, maintained at the Land Registry and accessible to the public by fee.
The Property Register
The Property Register: The Property Register records descriptions of the legal title.
Title Number: The ‘title number’ and address of the estate are recorded.
Title Plan: The title plan shows the extent of the land edged in red, guaranteed by the State.
Benefitting Easements: Easements of which the land benefits are recorded here.
Type of Estate: The type of estate is confirmed (freehold or leasehold).
The Proprietorship Register
The Proprietorship Register: The Proprietorship Register records descriptions of the owners and class of the title.
Class of Title: Indicates the class of title - absolute, possessory or qualified.
Ownership Details: The names and addresses of ‘registered proprietors’ are recorded.
Value of Estate: The purchase price of estates are recorded (since 1 April 2000).
Restrictions: Restrictions on the owner’s ability to deal with the land are recorded.
The Charges Register
The Charges Register: The Charges Register records rights that burden the title.
Registrable Dispositions: Registrable Dispositions must be registered here.
What are registrable dispositions?
Overview
Registrable Dispositions: Certain transactions will only bind a registered estate if validly registered against the title.
(1) Registrable Dispositions: Registrable Dispositions include (s27 LRA):
Transfer of Estate: Transfer of a registered estate.
Long-Lease Grant: Grant of a legal lease exceeding seven years out over a registered estate. This will also have its own registered title.
Legal Charge: A legal charge over the title, subject to two entries. Firstly, charge and date. Secondly, the name of the lender.
Express Legal Easement/Profit: A legal easement or profit expressly created (s27(2)(d) LRA).
(2) Effect: Registrable Dispositions must be registered on the Charges Register by date of transfer to bind a purchaser for value.
Priority of Mortgages
Priority of Mortgages: Mortgages will only become legal once registered in the Charges Register.
Order of Priority: The order of priority depends on the date of entry, not the date of creation (s48 LRA).
What are minor interests?
Overview
Minor Interests: Minor interests (‘interests affecting a registered estate’) are interests which are not estates in land, registrable dispositions, or overriding interests. They must be protected by restriction or notice.
(1) Minor Interests: Minor interests include, but are not limited to:
Estate Contracts: Estate Contracts.
Home Rights: Home rights under s30 FLA.
Trust Interests: Implied or express interests under trust.
Equitable Easements/Profits: Equitable easements or profits created after 2003.
Equitable Leases: Equitable leases.
Restrictive Covenants: Restrictive covenants.
(2) Protection: Minor interests must be protected. A purchaser for value will take the land free from unprotected interests (s29(1) LRA).
Restrictions (Trusts)
Restrictions: Trust interests are protected by ‘restriction’ in the Proprietorship Register (s40 LRA).
Effect: Alerts purchasers of the need to overreach.
Registrable Dispositions: Registrable dispositions cannot be entered if contrary to a restriction.
Entry: Restrictions may be entered with or without consent of the registered proprietor.
Notices
Notices: Notices apply to all non-trust minor interests, and appear in the Charges Register (s32 LRA).
Entry: Notices may be entered with or without consent of the registered proprietor, but can be challenged.
Overreaching
Overreaching: Beneficial trust interests can be ‘overreached’ by a purchaser, meaning the property is taken free of that interest even where protected.
Requirement: Purchaser must pay purchase money to all trustees of the land, numbering at least two or a trust corporation (s2(1); s27(2) LPA).
What are overriding interests?
Overview
Overriding Interests: Three types of interest bind purchasers of a registered estate despite not being protected by registration (Sch 3 LRA 2002).
Legal Short Leases (Sch 3 Para 1)
Legal Short Leases: Legal leases not exceeding seven years bind purchasers of the estate by default.
Legal Lease: A legal lease is created by deed (s52(1) LPA) or parol lease exception (s54(2) LPA) by date of transfer.
Legal Non-Express Easements and Profits (Sch 3 Para 3)
Legal Non-Express Easements and Profits: Legal easements and profits created by implication or prescription bind purchasers of the estate if one of three conditions is met.
(1) Implication: Arose by necessity, common intention, Wheeldon v Burrows, or s62 LPA on sale.
(2) Prescription: Arose by long use pursuant to statutory or common law rules.
(3) Conditions: These rights will constitute overriding interests if any of three conditions are met.
Actual Knowledge: Purchaser had actual knowledge of interest prior on purchase.
Reasonable Inspection: Right would have been apparent on a reasonably careful inspection of the servient land (regardless of whether one occurred).
Recent Exercise: The right has been exercised at least once in the year preceding transfer of title.
Actual Occupation (Sch 3 Para 2)
Actual Occupation: Proprietary interests exercised by individuals in actual occupation of title at time of disposition can be protected without registration.
(1) Proprietary Interest: The right must be ‘proprietary’, which comprises most interests other than marital rights and mere licences (National Provincial v Ainsworth).
(2) Actual Occupation: The individual must be in actual occupation of the title; they need not be an owner. This requires physical presence on the land (Williams v Boland). A number of cases outline actual occupation:
Abbey National v Cann: Putting up curtains and furniture is not enough to satisfy occupation.
Lloyds v Rosset: Visiting a property regularly to supervise builders was ‘actual occupation’, as this was as much as could be done at the time.
Link Lending v Bustard: Claimant had ‘actual occupation’ of house whilst in a psychiatric hospital. She still paid bills, made regular visits and intended to return.
Thompson v Foy: Possessions being in the property do not necessarily constitute actual occupation - Claimant had left intending to never return.
Kling v Keston: Car parked regularly in a garage constituted actual occupation - need not be a house nor a person.
Chhokar v Chhokar: Being in hospital does not extinguish actual occupation of a house, provided intent to return and obvious presence of property in the house.
Malory v Cheshire: Physical residence not required for actual occupation - if a property is uninhabitable, actual occupation merely needs some physical presence with a degree of permanence and continuity.
(3) At Time of Disposition: Individual must have been in occupation at the ‘time of disposition’ of the interest. Mortgages are usually created prior to occupation, so are not normally subject to occupiers.
(4) Conditions: Interests will only arise if both of the following conditions are met.
Honest Seller: Sellers are required to disclose information when asked, lest rights are lost. They do not need to freely offer this information, though.
Obvious Occupation: ‘Visible signs of occupation’ would be obvious on a reasonably careful inspection of the land, though no such inspection is required (Thomas v Clydesdale).
(5) Overreaching: Overriding trust interests can still be overreached (City of London v Flegg).
