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Land Law > Land Registration > Flashcards

Land Registration Flashcards

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1
Q

A temporary absence will not necessarily prevent a person from being in actual occupation

A

Chhokar v Chhokar

- Wife was in hospital giving birth when the house was sold.

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2
Q

It was held that a woman residing in a care home at the time that her property was sold was in actual possession

A

Link Lending v Bustard

- woman with severe mental health problems was in hospital for a long-term stay.

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3
Q

Having your belongings present in the property is not sufficient in itself to constitute actual occupation

A

Stockholm Finance v Gordon Holdings

- A princess living outside the UK and had not visited her london house for over a year.

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4
Q

The owner of a flat could not be in actual occupation through a relative, as they were occupying for their own purposes.

A

Strand Securities v Caswell.
- Man let his step-daughter live in his unoccupied property rent-free and tried to rely on her presence for actual occupation

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5
Q

(obiter) a live-in caretaker could be in actual occupation on behalf of his employee

A

Abbey National v Cann
- Mother lived in a house with her son who was the RP. He defaulted on the mortgage and the bank sought possession whereupon the mother claimed ‘Actual Possession’.

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6
Q

In order to have an overriding interest the person must be in actual occupation ‘at the time of the transfer of the deed being executed’

A

Sch. 3 LRA 2002

Abbey National v Cann

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7
Q

Land can also include fixtures (stones brought onto the land to make a wall)

A

Elitestone v Morris

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8
Q

Occupiers who are not estate owners

A
  • Adverse Possessors
  • Co-Ownership
  • licenses
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9
Q

Security Interests

A

Mortgages

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10
Q

Rights over neighbouring land

A
  • Easements + profits

- Restrictive covenants

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11
Q

Commercial rights

A
  • options to purchase

- right of first refusal

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12
Q

Evictions of adverse possession are compatible with human rights

A

Pye v UK

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13
Q

I order to establish adverse possession (Schedule 6), the claimant must prove:

A
  • factual possession

- Intention to possess for one’ own benefit

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14
Q

Adversely possessing a piece of deserted shrub land

A

Redhouse Farms v Catchpile

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15
Q

Squatter agreed that he was not the legal owner and so did not have an intention to possess

A

Lambeth v Blackburn

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16
Q

LRA 2002 (squatters)

A
  • a squatter can apply after 10 years of actual occupation.
  • No limitation on when the registered proprietor can being a claim
  • After being notified of the claim, the registered proprietor has 2 years to evict the squatter.
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17
Q

Title is guaranteed by registration on the land registry

A

S. 58 LRA 2002

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18
Q

Title is still guaranteed if you become registered proprietors by mistake

A

Walker v Burton

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19
Q

The ‘principle of conclusiveness’ of the land registry

A

the registered proprietors displayed on the land registry are conclusive.

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20
Q

The land registry was conclusive, even though a mortgage was registered through forgery. They received compensation from the registry.

A

Swift 1st v Chief Land Registry

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21
Q

The register can be changed in certain circumstance, but no if it has been sold (in the case of adverse possession)

A

Baxter v Manion

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22
Q

Just because there has been a mistake does not mean that the transaction will necessarily be undone or the register will be changed.

A

Patton v Dodd

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23
Q

Where there is a rectification, someone gets the land; someone gets the money

A

Indemnity Schedule 8

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24
Q

Once a person is registered as the proprietor of an estate they have all the powers of an absolute owner

A

s. 23 LRA

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25
Q

Property interests which are not registered estates or registered charges may be protected by an entry on the register

A

s. 28 + 29 LRA

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26
Q

The Basic Priority Rule (s. 28)

A

If the new owner of an existing land is not a purchaser then they take the land subject to ALL pre-existing property rights (s. 28)

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27
Q

The Special Priority Rule (s. 29)

A

On a transfer for value of existing land, the purchaser is bound by certain interests (s. 29)

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28
Q

s. 29 binding interests

A
  • any interest affecting the title
  • interests on the register
  • unregistered interests which override (sch. 3 LRA)
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29
Q

The purchaser has a duty to disclose any rights to the register that they know about

A

s. 71 - can do so by a notice or an agreed notice

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30
Q

Certain interests cannot be protected by a notice s. 33

A
  • Leases of less than a year
  • leasehold covenants
  • an equitable share of co-ownership.
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31
Q

Land becomes registered upon

A
  • compulsory first registration
  • voluntary first registration
  • failure to register.
32
Q

Compulsory first registration occurs on:

A
  • s. 4 LRA 2002
  • Transfer of an unregistered freehold estate
  • transfer of an existing unregistered leasehold estate of over 7 year left to run
  • a grant of a new lease of more than 7 years
  • the first legal mortgage of unregistered land
33
Q

voluntary registration

A

you cannot register voluntarily what is incapable of being registered

34
Q

Failure to register

A
  • the pre-existing owner continues to hold the estate on a bare trust s. 7 LRA
  • the new owner will find life difficult (Sainsbury’s v Olympia)
35
Q

S. 1 LPA 1925: Items capable of being legal

A
  • freehold; leasehold; easements; mortgages & rent charges
  • all other can only be created equitably.
36
Q

Creation of legal rights

A
  • creation by deed or registration

- if those potentially legal rights are not created properly, they can only be equitable.

37
Q

Creation of equitable rights

A

by deed or written oral agreements

38
Q

Overreaching under the LPA 1925

A

rights that might otherwise bind a purchaser are ‘swept off the land’
- holders of those right receive a proportion of the purchase price paid.

39
Q

Conditions for overreaching

A
  • the right must be capable of being overreached
  • Actual occupation (AIB v Turner)
  • the proper conveyancing process must be observed
  • there must be a convergence of a legal title.
40
Q

The right must be capable of being overreached

A

interests, such as, easements, leases and covenants are not capable of being overreached

41
Q

Actual occupation for overreaching

A
  • the occupation has to be actual (AIB v Turner)

- The occupation does not need physical presence (Link Lending v Bustard)

42
Q

the proper conveyancing process must be observed for overreaching to occur

A
  • land can only be sold by at least two owners
  • Williams and Glyn Bank v Boland: 1 owner, no overreaching
  • CoL BS v Flegg: 2 owners, overreaching possible
43
Q

There must be a conveyance of a legal estate for overreaching to occur

A

Freehold, lease, mortgage etc

44
Q

Effect of overreaching

A
  • the interest is ‘swept off the land’ and does not bind the purchaser even if the interest is capable of being an overriding interest (Flegg)
  • this cannot work to perpetrate a fraud (HSBC v Dyche)
45
Q

Overriding interest

A

Interests that bind a transferee of land despite not being registered on the register.

46
Q

Overriding interest under LRA 2000

A
  • transfer not for value: all property rights are binding, (don’t need to discuss overriding interest s. 28)
  • transfer for value: overriding interests may apply
47
Q

Overriding interest of a title that is already registered Sch. 3

A
  • leases of 7 yrs or less (including implied periodic leases)
  • implied legal easements
  • rights of the person in actual occupation
48
Q

the overriding rights of a person in actual occupation

A
  • if you have a right and in actual occupation then you have an overriding interest (William’s & Glynn’s Bank v Boland)
  • this is most often an equitable right, such as a share of equitable ownership
49
Q

most overriding rights have to be reasonably discoverable (an objective test)

A

Wishart v kaymu

50
Q

Overriding rights don’t have to be reasonably discoverable if the seller has lied to the purchaser upon enquiries

A

Bagum v Issa

51
Q

The purchaser has a duty to disclose any rights to the register that the purchaser knows about

A

s. 71 LRA 2002

52
Q

formalities for the creation of a leagl ease greater than 7 years

A
  • by deed (s. 52 LPA 1925)

- By registration (s. 27 LRA 2002)

53
Q

Formalities for creation of a legal lease equal or few than 7 years but greater than 3 years.

A
  • by deed, no registration needed (s. 52 LPA 1925)
54
Q

For legal leases of fewer than 3 years, two types of lease can exist

A
  • fixed term lease

- periodic term lease.

55
Q

Formalities for creation of a fixed term lease of fewer than 3 years

A

by deed (s. 52 LPA 1925)

56
Q

formalities for creation of a periodic term lease of fewer than 3 years

A 
by deed (s. 52 LPA) 
- can be by oral agreement (Fitzkristan LLP v Panayi)
57
Q

A periodic term lease can only be created orally if the tenant

A
  • is in possession of the property
  • pays the best rent (the market rate Fitzkriston)
  • pays without a fine (without paying a sum up from to the landlord)
58
Q

the situations in which an equitable lease may be created

A
  • out of an agreement to create a lease
  • from a failed lease agreement
  • a lease granted over an equitable estate.
59
Q

the formalities for the creation of an equitable lease s. 2 LP(MP)A

A
  • in writing
  • contain all the agreed terms
  • signed by both parties
  • be capable of specific performance (Walsh v Lansdale)
60
Q

The formalities of the creation of an express legal easement

A
  • by deed (s. 52 LPA)
  • for a duration equivalent to a legal estate (s. 1 LPA)
  • registered (s. 27 LRA)
61
Q

the formalities for the creation of an implied legal easement

A
  • no formalities needed (Manjong v Drammeh)
  • the easement must be:
    impliedly acquired for the duration of a legal estate
    implied into a deed
62
Q

the formalities for the creation of an express equitable easement

A
  • in writing, signed by the covenentor (s. 53 LPA)
  • capable of specific performance (walsh v Lonsdale)
  • Man took a 7 yr lease of a mill. Was not granted by deed so not effective but both parties carried out their duties regarless.
63
Q

Binding capabilities of a legal lease greater than 7 years

A

registration is required (s. 27 LRA)

64
Q

Binding capabilities of a legal lease equal or fewer than 7 years

A

this is an overriding interest and the purchaser will be bound (sch. 3 LRA)

65
Q

Equitable leases are required to bind all purchasers if

A

there is a notice on the charges register (s. 32 LRA)

66
Q

If there is no notice on the charges register, a purchaser will be bound by an equitable lease if

A

the property is transferred without value (a gift) s. 28

- not bound if transferred for value s. 29 (De Lusignon v Johnson)

67
Q

A purchaser will always be bound by an equitable lease if

A

it constitutes an overriding interest with the lessee in actual occupation
unless
- there is a lack of disclosure by the seller
- the lease was not obvious on a reasonable inspection

68
Q

the binding capabilities of express legal easements

A

must be registered to be binding on a puchaser (s. 27 LRA 2002)

69
Q

the binding capabilities of an implied legal easement

A

-these are overriding interest without registration requirements
they will bind if
- the purchaser has actual knowledge of them
- the easement is obvious upon a reasonable inspection
the easement was exercised in the year prior to the sale of the land

70
Q

binding capabilities of Express Equitable Easements

A
  • if there is a notice of the charges register, this will bind all purchasers
  • if there is no notice, it will not bind if the land has transferred for value (s. 29)
  • a purchaser will be bound if the EEE is an overriding interest, but not if this is not obvious or has not been disclosed to the purchaser.
71
Q

A fraudulent RP can admit they were wrong

A

Patel v Freddy

72
Q

The register can be changed, if needed, to alter priorities as well as legal title

A

Gould v Harp

73
Q

Easements that merely allow access do not count as actual occupation

A

Chaudhary v Yavuz - staircase

Holaw v Stockton estates - right of way

74
Q

Overreaching cannot work to perpetrate a fraud

A

HSBC v Dyche

75
Q

Binding capabilities of covenants

A
  • A notice on the charges register is required to bind all purchasers (s. 32).
  • Without a notice it will not buy for a s.29 transfer (De Lusignan)
    Overriding interest? (Sch. 3)
  • if the convanantee has an interest in the land
  • is in actual occupation
    or
  • it was not disclosed by the covenantee
  • it was not reasonably discoverable
76
Q

Binding Capabilities of Estate Contracts

  • options to purchase
  • right of first refusal
A
  • A notice on the charges register is required to bind all purchasers (s. 32).
  • Without a notice it will not buy for a s.29 transfer (De Lusignan)
    Overriding interest? (Sch. 3)
  • if the beneficiary has an interest in the land
  • is in actual occupation
    or
  • it was not disclosed by the beneficiary
  • it was not reasonably discoverable

Land Law (5 decks)

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