Land Registration Flashcards
What are the three sections of therapeutics of the Land Register?
1) Inaccuracy and Rectification
2) The Keeper’s Warranty
3) Realignment of Rights
What are some examples of the Land Register being inaccurate?
1) Register says Anna is owner when it really is Bob.
2) Register also says there is no security over Clara’s house
3) Register says that property is encumbered by a 10 year lease.
If the Land Register is inaccurate, what must the Keeper do?
The Keeper is under a positive obligation to rectify the Register if it is manifest.
Define ‘manifest’.
To be perfectly clear and not reasonably disputable.
If Oliver owns a house and Frank pretends to be Oliver and sells the house to Ivan. The Keeper then registers Ivan as owner. What happens?
The Keeper will rectify the Register as it is clearly inaccurate and manifest.
If the Register is inaccurate does the Keeper pay compensation?
Yes.
Tigran owns a property. Henry the fraudster sells it to Martin the innocent buyer. What will the Keeper do?
The Register will be rectified by the deletion of Martin’s name and the reinstatement of Tigran. Martin can claim compensation from the Keeper and the Keeper can chase Henry.
What does Keeper’s Warranty cover?
It protects against voidness but not voidability.
Snow White buys a cottage. On moving in she discovers that her seven neighbours have a servitude right of way through her garden.
It was created off-Register by prescription. It is not shown in the title sheet. Can show white claim against the Keeper for breach of warranty?
No, she can’t as a property may be subject to encumbrances that are not mentioned in the title sheet, but that fact will not amount a breach of warranty unless their omission amounts to an inaccuracy.
What is a transactional error?
A transactional error is where an invalid deed leads to an incorrect registration.
(A [Forged deed] -> B [Void title])
What is a register error?
A Register error is where an incorrect registration is relied on by a 3rd party grantee.
(A [Forged deed] -> B [Void] - C [Absolutely good title])
What is protected in transactional errors?
Money and money only
What can be protected in register errors?
Mud and money.
What’s the most common case where a third party grantee is protected by mud and not money?
When there is a disposition from a seller in possession which has lasted at least a year.
In the case of:
(O [Original title] -> A [Forged transaction] -> B [Good faith third party])
What is B’s title?
Absolutely good so long as A’s possession lasted more than a year.
