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Land Registration Flashcards

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1
Q

What are the two systems of registration in Scotland?

A
  • The register of Sasines

- The Land Register of Scotland

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2
Q

When was the Sasines register established?

A

1617

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3
Q

What is the Register of Sasines are register for?

A

Deeds

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4
Q

Does a deed registered in the Register of Sasines prove ownership of land?

A

NO

There is nothing that specifically says that person is the owner.

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5
Q

The Register of Sasines is a register of deeds. What is the Land Register for?

A

A register of title

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6
Q

EXAMPLE
If Ron has his property registered in the Register of Sasines and transfers property to Lee. Where will the disposition be register?

A
  • In the Land Register of Scotland

- The LR(S) Act 2012 s48(1) ended registration of dispositions in the Sasines register

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7
Q

Can an individual voluntarily transfer Sasine register title to Land Register?

A

YES

  • LR(S) Act 27(1) allows application for voluntary transfer
  • Under LR(S) A 1979 this was only at discretion of the Keeper
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8
Q

Can a standard security still be registered in the Register of Sasines?

A

NO

LR(S)A 2012 s48(1)(d)

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9
Q

EXAMPLE
Mr. and Mrs. Collins co-own their country house. Their title still remains in the Sasines Register but they wish to grant a standard security.
What must the do?

A

Voluntary Registration
- LR(S)A 2012 s48(1)
as of 2016 standard securities can no longer be registered in Register of Sasines.

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10
Q

What is a ‘Keeper induced registration’?

A

Keeper can register any property in to the new register

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11
Q

Keeper induced registration can be induced without what?

A

LR(S) A 2012 s29

(i) a registrable transaction
(ii) an application for voluntary registration

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12
Q

What is the target for the completion of Land Registration?

A

2025 (2019 for public bodies)

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13
Q

What benefits does land registration bring?

A
  • Faster, cheaper, easier conveyancing
  • easier to access info about land
  • map based
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14
Q

What is the cadastral map?

A

LR etc (S) A 2012 s11-13

  • A map of legal title boundaries
  • A layer of the Ordnance Survey map
  • Cadastral units
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15
Q

LR etc. (S) A 2012, s5 sets out the structure of title sheets.
What are the four sections which make up said structure?

A

(a) Property section, s6
(b) Proprietorship section, s7
(c) Securities (charges) section, s8
(d) Burdens section, s9

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16
Q

What are title sheets primarily used for?

A

Private law property rights e.g. ownership and subordinate real rights

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17
Q

What limitations of title sheet records may there be??

A
  • only show registrable rights (s49) (not contractual)
  • may be omission of title conditions (servitude and real burdens) which benefit registered plot, if Keeper unaware
  • omission of servitude which encumber the property may occur if the Keeper is not aware of them all
  • short leases (20 years or less
  • register may be out of date e.g. if proprietor has died
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18
Q

What does the keeper put in the archive record (s14)

A

(i) Copies of all documents submitted with applications

(ii) Superseded data (data about previous state of register

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19
Q

The archive record backs up what appears on title sheet, but in some cases what else does it do? (include example).

A

Backs up what does not appear
- Say there is a property subject to a standard security
- That fact is detailed in section C of the title sheet
- The archive records will contain a copy of the deed itself
- The owner later pays off the secure loan
- The creditor would grant a deed of discharge
- This would be submitted to the Keeper who would delete the entry from the C section of the title sheet
- A deed of discharge would be placed in the archive records
THUS SHOWING THIS COPY DEED BACKS UP BLANK C SECTION

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20
Q

Why is the application record (s15) needed?

A

As the keeper may not be able to deal with registration requests immediately and it may be necessary for a third party to see pending applications.

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21
Q

How is a Keeper’s decision to be made when considering whether to accept an application?

A

LR(S) A 2012, s21(2)

To the extent the Keeper is satisfied ‘as at the date of application’ that conditions are met

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22
Q

EXAMPLE

Craig dispones to Murphy. Murphy submits his application on the 10th of January. Murphy then passes away on the 11th of January. The keeper considers the application on the 8th of February.
What should happen?

A
  • The Keeper, assuming the application is valid, should enter Murphy’s name in register as owner.
  • At time of application Murphy alive and application valid.
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23
Q

EXAMPLE

John owns land. On 1st May he delivers a Standard Security to RBS. On 2nd May he grants a disposition to Molly. Molly applies for registration on the 3rd May. RBS apply on the 4th May.
What will the Keeper do?

A
  • The Keeper will accept the disposition and reject the standard security
  • LR(S)A 2012, s39(1), keeper must deal with applications for the same piece of land in order of receipt (Molly’s application came first)
  • Assuming application is in order it will be accepted and registration will take effect from 3rd May.
  • The Keeper will then consider RBS’ application.
  • As of 4th May the owner has changed, therefore security deed is invalid.
  • Molly won ‘race to the register’.
24
Q

Can deeds be registered electronically?

A

NO

  • Deeds continue to be in paper form
  • Limited exception of ‘automated registration of title to land’ ARTL - allow some registrable deeds to be in electronic form
25
Q

An advance notice can be registered to do what?

A

LR(S)A 2012, s58

  • provide a protected period of 35 days
26
Q

When can advance notices be submitted?

A

At any time, as long as it is agreed upon by both parties

27
Q

What sort of protection do advance notices provide?

A

LR(S)A2012,s59

  • If a dispostion is registered within the protected 35 day period it will have priority over any adverse entries
28
Q

EXAMPLE

  • Graham concludes missives with Lisa on 12th April
  • On 29th April and advance notice is registered by Lisa
  • On 2nd of May Jane, a separate buyer from Graham, registers a disposition
  • On the same date Lisa pays the price and receives disposition.
  • On 15th of May Lisa submits disposition for registration.
    What will happen?
A
  • Upon registering her disposition on 2nd of May ownership of the land will transfer from Graham to Jane
  • However, on 15th May ownership will pass from Jane to Lisa
  • This seems harsh on Jane, however if she had registered an Advance Notice before Lisa she would have been protected
  • Lisa registered her disposition within the 35 day protected period (s58) and was thus protected from any adverse entries (s59)
29
Q

Where a person registers an advance notice after the 35 day protected period what risks are there?

A
  • That another person has registered a disposition
  • In the event of failing to register a disposition within the protected period, the Keeper would reject registration as it is outwith the time frame
30
Q

Can an advance notice work between a disposition and a subordinate real right?

A

YES

Works vice versa

31
Q

EXAMPLE

  • On 1 July an advance notice is granted in respect of a prospective disposition by Liam to Leroy
  • On 15th July Liam grants a servitude to Rosie, which is subsequently registered in the 17th of July
  • On the 1st of August Liam delivers the dispositon to Leroy, which is register on the 5th of August
    What happens?
A
  • In this case the registration of the disposition has been within the time limits of the advance notice
  • therefore the servitude granted by Liam will be extinguished
  • It existed only between the 17th July and 5th of August.
32
Q

Do advance notices provide protection against adverse entries in the Register of Inhibitions?

A

YES

LR(S)A 2012, s61

33
Q

What may be a complication in registering two advance notices?

A

If another deed is registered within the period of the first advance notice, it will not be protected by the second advance notice.

34
Q

An advance notice needs to identify the prospective deed.

What four things need it specify to do this?

A

(i) they type of deed (e.g disposition)
(ii) the granter
(iii) the grantee
(iv) the property

35
Q

Name the section.

‘ A person may apply to the keeper for registration of a registrable deed’.

A

LR(S)A 2012, s21

36
Q

What section of LR(S)A 2012 deals with the types of deeds that can be registered?

A

s49

37
Q

Where in the LR(S)A 2012 can details on first registration be found?

A

s23(1)

38
Q

Where in the LR(S)A 2012 can details on ‘registered plots’ be found?

A

s26(1)

39
Q

When is a deed valid under the LR(S)A 2012?

A

s113(2)

  • provides definition
  • A deed is valid if by the registration applied for, a right would be acquired, varied or distinguished.
40
Q

EXAMPLES:

(1) Lee is registered owner of Parker house. A disposition of Parker house is granted to Jackie. She registers and is now owner
(2) Lee is registered owner of Parker House. Brian grants a disposition to Jackie. She registers the disposition. Jackie does not become owner.

By referring to legislation and particular definition how is one of these cases a valid registration and the other invalid?

A

(1) VALID
- Reason being that under s26(1)(a) of LR(S)A 2012 a deed must be valid
- A deed is defined as valid if the registration applied for (Jackie), a right would be acquired, varied or extinguished.
- Jackie has clearly acquired a right and Lee’s has been extinguished.

(2) From first glance this would be invalid. But the LR(S)A 2012, s21(1)(a) tells us a deed must be valid for it to be registrable. Under s113(2) a deed is valid by the registration applied for, a right would be acquired, varied or extinguished. Jackie has not acquired a deed here, nor has the deed been varied or extinguished therefore invalid.

41
Q

What has the LR(S) 2012 act amended in the RWSA 1995 to allow for?

A

To allow electronic registration, not yet in force.

42
Q

What did the advance notice replace?

A

Letters of obligation

43
Q

How is the LR determined as being inaccurate?

A

LR(S) A 2012, s65(1)

- If it does any of the following under this section

44
Q

What must the Keeper do if he comes aware of an inaccuracy in the Register?

A

LR(S)A 2012
s80(1) & (2)

  • Must rectify inaccuracy if what is needed to do so is manifest
45
Q

EXAMPLE

  • Jason is the owner of a house. - Matt is an identity thief and impersonates Jason to an extent where he sells the house to Madeline
  • Madeline then registers the forged disposition
  • Madeline is registered as owner
  • The Land Register is updated to show her as owner

Q. What would happen upon Jason finding out what has happened?

A
  • The register will be rectified by the Keeper under s80(2) of LR(S)A 2012
  • The Keeper will simply delete Madeline’s name from the B section of the title sheet and re-enter Jason’s
  • There is no need for transfer of ownership because ownership never actually transferred
  • The register was simply inaccurate.
46
Q

The Keeper warrants,to the applicant, at the time of registration that the title sheet which the application relates to is accurate.
What section regulates this of what act?

A

LR(S)A 2012, s73(1)

47
Q

If a Keeper breaches warranty what is he liable for?

A

LR(S)A 2012, s77

48
Q

EXAMPLE

  • Leroy owns a house
  • Manny impersonates Leroy and sells house to James
  • James registers the forged disposition
  • James’ name is now in the Land Register as owner
  • If and when the Keeper finds out he will rectify by deleting James’ name and reinstating Leroy’s.
    Under Keeper’s warranty what would happen next?
A

LR(S)A 2012, s73(1) - the keeper warrants to the applicant at the time of registration the title sheet is accurate, in so far
- In this case it was not and thus under s77(1) the keeper would be liable to pay compensation to James.

49
Q

Under s77(5) of LR(S)A 2012 the Keeper has subrogation rights, what is meant by this?

A

That after granting any such compensation to a Claimant that the Claimant assign rights of loss to the Keeper

50
Q

When does a transactional error occur?

A
  • no problem with the register

- where an invalid deed leads to an incorrect registration

51
Q

When will a register error occur?

A
  • After an original transactional error

- where incorrect registration is relied upon by third party

52
Q

EXAMPLE

  • Moira is owner of a house
  • Jenna impersonates Moira and sells house to Jamie
  • Jamie is granted a forged disposition which he registers
  • Unaware, The Keeper registers Jamie as owner
    -Jamie then transfers the house to Gary, who is in good faith.
    Identify where the transactional error occurs and where the register error occurs.
A
  • The transactional error occurs between Jenna and Jamie
  • The error is not that the register is incorrect as it shows Moira as owner
  • It is the fact the disposition is a forgery that causes the transactional error
  • The register error would occur when Jamie sells to Gary
  • The keeper, unaware of any problem, will register him as owner
  • This is a register error
  • there is no transactional error but the register showing Jamie as owner is wrong
53
Q

In the case of a transactional error the remedy would always be money.
Q. What may the third party be entitled to under a register error?

A

LR(S)A 2012, s86

  • third party may gain an absolutely good title to the property if acting in good faith and satisfying conditions of subsection (3)
54
Q

What is ‘mud’ protection?

A

Exception to nemo plus rule

  • Where a registration error occurs between two parties and the third party is in good faith
  • the conditions of s86(3) are met
  • ‘mud’ protection would allow the third party to acquire ownership
55
Q

O (Oliver) ——A (Ivan) ——–B (Gladys)

Does A or B get to keep the property?

A

LR(S)A 2012, s86(3)

  • B(Gladys) will keep property if condtions are satisfied
  • O will be compensated under s94 of LR(S)A 2012
56
Q

O (Oliver) ——A (Ivan) ——–B (Gladys)

What can B(Gladys) do if O(Oliver) gets the property back?

A

s73 and s77 of LR(S)A 2012 apply

  • breach of Keeper’s warranty
  • B(Gladys) entitled to compensation

Property Law (6 decks)

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