land registration

Question 1

when does land need to be registered?

Answer 1

when a trigger event occurs:
- sale
- mortgage
- grant of a long lease

Question 2

what does the title register show?

Answer 2

third party rights affecting the land

Question 3

what are the three principles of land registration?

Answer 3

• mirror principle
• curtain principle
• insurance principle

Question 4

what does the mirror principle say?

Answer 4

the register should reflect all the rights and interests concerning the land
- some interests that are not registered can still bind purchasers
- ‘unregistered interests that override’
- includes short leases, interests of people in actual occupation and easements

Question 5

what does the curtain principle say?

Answer 5

• show legal ownership but not beneficial ownership
• allows certain equitable interests to be kept off the register
• only legal owners of the land are registered
• title register may reveal that there is a trust, but not who the beneficiaries are

Question 6

what does the insurance principle say?

Answer 6

• the state guarantees duly registered titles
• where an error occurs, the person affected can make a claim and be compensated

Question 7

what are the four groups of rights under the Land Registration Act 2002?

Answer 7

• substantively registrable estates
• interests that must be completed by registration to take effect as legal interests
• interests that are capable of protection by registration
• interests that override so bind a purchaser without registration

Question 8

what happens once an estate is registered?

Answer 8

any dealing with that estate is a registrable disposition - s27(2) LRA 2002
- any transaction will not take effect at law until registration has been completed

Question 9

what does S1(1) and 1(2) LPA 1925 set out?

Answer 9

the interests and estates that are capable of being legal

Question 10

what does s52 LPA set out?

Answer 10

formality requirements

Question 11

what are the three parts to a registered title?

Answer 11

property register
proprietorship register
charges register

Question 12

what doesn’t appear on the land registry records?

Answer 12

beneficial interests under a trust

Question 13

how does a purchaser know when they are buying a trust property?

Answer 13

the title register will include a restriction that warns the purchaser that they need to overreach the beneficial interests

Question 14

how does a purchaser overreach the equitable interests?

Answer 14

purchaser must pay the money to two trustees
overreaching will not occur if only one trustee receives the money
the purchaser buys the house free from any equitable interests

Question 15

what does overreaching mean?

Answer 15

the purchaser owns the house free from beneficial interests

Question 16

where are the interests that override contained?

Answer 16

schedule 3 LRA 2002

Question 17

what are interests that override?

Answer 17

interests that do not appear on the register but are still binding on purchasers

Question 18

under LRA 2002 in what contexts do overriding interests operate?

Answer 18

• unregistered interests which override first registration - sch1 LRA 2002
• unregistered interests which override a registered disposition - sch 3 LRA 2002

Question 19

what are the overriding interests in sch 1 and sch 3 LRA 2002?

Answer 19

• legal leases for a term of seven years or less
• interests of persons in actual occupation
• legal easements and profits a prendre
• customary rights
• public rights
• local land charges

Question 20

when will a person in occupation not have an interest that overrides? - exceptions to para 2

Answer 20

if:
- the inquiry was made of them before the disposition
- they failed to disclose the right when they could reasonably have been expected to do so
- the occupation would not have been obvious on a reasonably careful inspection of the land
- the purchaser does not have actual knowledge at the time

Question 21

what are the four categories of the rights/interests in unregistered land?

Answer 21

-legal rights
-equitable rights that are registrable under the Land Charges Act 1972
-equitable rights that are not registrable as they are subject to overreaching
-equitable rights that are neither over reachable or registrable