Land Registration Flashcards
What are triggering events that must be registered at the land registry?
- transfer of freehold estate by sale, gift or court order
- grant of lease for more than seven years
- assignment of a lease of unregistered land with more than seven years to run
- assent, vesting assent or vesting deed which is a disposition of the freehold or a leasehold with more than seven years to run (happens mainly on death)
- grant of a lease to take effect in possession more than three months after the date of the grant ie future leases
- first legal mortgage of the freehold or of leasehold with more than seven years to run
What are the three principles of land registration?
- the mirror principle
- the curtain principle
- the insurance principle
What is the mirror principle?
The register should reflect all matters that the property has the benefit of and all the matters that the property is subject to
So the register should be a clear and comprehensive account of the ownership and right that benefit and burden a piece of land
Why will the mirror principle never be fully realised?
Possible for there to be overriding interests effecting the land which are not registered but will still bind third parties/purchasers
What is the curtain principle?
The register records the ownership of the legal estate in the property and purchasers do not need to be concerned with what lies behind the curtain ie beneficial or equitable ownership
What is the insurance principle?
The accuracy of the register is guaranteed by the state.
If there is an error with the register, it will be corrected and anyone who has suffered loss will be compensated
What will the land registry do on first registration?
- create a unique title number for the property
- record details of landowner
- record details of rights the benefit/burden the property
- create a title plan for the property
What are the three parts that make up the official copy of title at the Land Registry?
1) the property register
2) the proprietorship register
3) the charges register
What is contained in the property register?
- a description of the land by reference to the title plan
- the type of estate, freehold or leasehold
- details of any rights that benefit the land
What is contained in the proprietorship register?
- the name and address of the register proprietor of the land
- details of any restrictions affecting the registered proprietor’s ability to deal (eg sale, lease, mortgage) with the land
- the class of title
What are the four different types of class of title that the Land Registry can allocate to a property?
- absolute
- qualified
- good leasehold
- possessory
When will the land registry deem a title to be absolute?
Best form of title
Means the land is only bound by interests that are registered on the title or overriding interests
When will the land registry deem a title to be qualified?
When land registry deems that the title has some defect which it will specify on the register
What is good leasehold title at the land registry?
Will be granted when the Land registry is satisfied as to the title of the leaseholder only and not the freeholder
Could happen when freehold title is unregistered
What is possessory title at the land registry?
Normally only given where applicant is in possession of the property or is in receipt of rents and profits and there are no other classes of title that can be given
May be where title deeds have been destroyed or lost
