Land Registration

Question 1

A mortgage registered without consent of landowner will be held as valid in order to maintain the conclusiveness of the register.

Answer 1

Swift 1st v Chief Land Registrar
Bank was able to claim indemnity under s.103 and schedule 8 after rectification as though the charge had not been fraudulent.

Question 2

The registered proprietor has all the powers of the absolute owner, subject to restrictions on the register

Answer 2

s. 23 LRA 2002

Question 3

Priority Rules: if new registered proprietor has not given valuable consideration, all pre-existing property rights bind the owner

Answer 3

s. 28 LRA 2002 (Applied in Halifax v Popeck)

Question 4

On transfer for value (e.g. sale, lease or mortgage), transferee is bound by:

1. Any registered estate or interests affecting the title (lease or sub lease);
2. Any interests protected on the register;
3. Unregistered interests which override (Schedule 3)
4. For leases, any burdens affecting them (e.g. leasehold covenants)

Answer 4

s. 29 LRA 2002

Question 5

Most property rights can be protected by entry of a notice on the register, but exceptions s. 33 LRA 2002

Answer 5

Notice on register protects the property right

Question 6

Overreaching: (1) must be a trust in land; (2) right must be capable of being overreached; (3) proper conveyance of land, with at least two registered proprietors being paid (s. 27(2) LPA 1925.

Answer 6

s. 2(1)(2) LPA 1925; example of successful overreach: City of London Building Society v Flegg.
Equitable rights are detached from land and transferred to proportion of monies paid in the proceeds of sale.
New purchaser or mortgagor is not bound by previous equitable rights.
Only equitable ownership can be overreached per s. 2(3) LPA 1925

Question 7

Schedule 3 LPA:
Legal leases of 7 years of fewer;
Interests of persons in actual occupation
Legal easements or profits;
Customary rights & public rights
Local land charges
Mineral Rights

Answer 7

Number of exclusions under para 2 and actual occupation must be apparent

Question 8

Examples of Actual Occupation

(1) Caretaker or company rep occupying on behalf of employer, level of continuity
(2) Regular and repeated Absences
(3) Partner living there in actual occupation

Answer 8

1. Abbey National BS v Cann;
2. Chhokar v Chhokar;
3. William & Glyn’s Bank v Bolland

Question 9

Examples of no actual occupation:

(1) Children are in shadow of registered proprietor
(2) Mere presence of claimant’s furniture not enough for actual occupation (but could be evidence under Link Lending v Bustard
(3) Use of easement
(4) Occasional visits

Answer 9

1. Hypo-Mortgage Services v Robinson
2. Strand Securities v Caswell
3. Chaudary v Yavuz
4. AIB v Turner

Question 10

Exclusions under para 2, schedule 3 LRA 2002:

(1) Those who fail to disclose interest on reasonable inquiry; purchaser must make inquest;
(2) Lease granted to take effect more than 3 months in advance, but where tenant has not taken possession
(3) Where rights of persons in actual occupation would not have been obvious on a reasonable careful inspection of the land, and about whose rights the purchaser did not know (no need to make inspection, would it have been obvious if inspection was made, of not, it is excluded)

Answer 10

1 and 3. Thompson v Foy

Question 11

Alterations to the Register

Answer 11

s. 65 LRA 2002 and Schedule 4

Question 12

Rectification may give rise to an indemnity (compensation) for the person affected by the mistake, but no loss if rectification gives effect to an overriding interest, because it was already effective

Answer 12

s. 65 LRA 2002 and Schedule 4

Re Chowood

Question 13

Rectification cannot be ordered against a registered proprietor in possession unless he consents, unless he substantially contribute to the mistake or it would be unjust to not to rectify

Answer 13

Baxter v Mannion

Question 14

Mistake taints all transactions that follow, so subsequent dealings can be rectified in favour of the original owner.

Answer 14

Gold Harp v Macleod

Question 15

Mistake is generously construed: administrative error and mistake as to underlying facts that led to an entry being made

Answer 15

Baxter v Mannion

Question 16

Power to award indemnity per s. 103 LRA 2002 and Schedule 8

Answer 16

Under para 5, no indemnity is payable for any loss which is wholly or partly the result of the claimant’s fraud or lack of proper care.

Question 17

Adverse possession:

1. Minimum of ten years before AP can apply for title
2. Generates notice to registered proprietor, who can (a) consent, (b) object on factual basis or (c) ask under Schedule 6, para 5 for 2 more years to evict RP;
3. If no eviction, title passes to adverse possessor.

Answer 17

Schedule 6 LRA 2002

Question 18

Exceptions to disposing Adverse Possessor:

1. Where it would be unconscionable for RP to do so because of estoppel;
2. Where the AP is for some other reason entitled to be registered as RP

Answer 18

Schedule 6, para 5 of LRA 2002

Question 19

Adverse Possession: Boundary disputes:
AP must prove: (1) land of the applicant is adjacent to that which claim relates, (2) the exact boundary has not been determined, (3) the land to which the application relates has been registered for more than 1 year
(4) the Applicant reasonably believed for at least ten years of period of adverse possession that they owned the land

Answer 19

Zarb v Parry

Question 20

Adverse possessor take title subject to any property rights attached to the land

Answer 20

Re Nisbet

Question 21

Overriding interests (Schedule 3) do not protect personal rights

Answer 21

Scott v Southern Public Mortgages