Land Registration Act 2002. Flashcards
What is the general rule for which interest gets priority in a dispute? Where is it codified?
First-in-time rule. It is codified in the LRA 2002 s28.
What is the exception to the general rule of first in time rule? Where is it codified?
A registrable disposition + valuable consideration + completion by registration = newer interests having priority UNLESS PROTECTED. This is codified in LRA 2002 s29 ss1.
What are the ‘protected interests’ and where are they codified?
Protected interests are 1) a registered charge or interest subject to a notice in the register which excludes a) an interest under a trust of land, b) leasehold that’s less than or equal to three years, and c) restricted covenants between lessor and leasee regarding demised premise (a, b, and c are instead protected by restrictions); 2) interests that fall within schedule 3, which are: 1) leaseholds, 2) interests of persons in actual occupation, and 3) easements and profits a prendre.
What are the requirements as to when you need to be in occupation, for your interest under Schedule 3 be protected? What are the exceptions? Where is this codified?
Person’s interest if in actual occupation is protected if they were in occupation at the time of the disposition of the interest. This will protect interest unless 1) the occupier fails to disclose interest when asked or 2) if person with the later interest doesn’t have actual knowledge of occupation + it isn’t obvious through reasonable inspection of the land. This is codified in Schedule 3 ss2.
According to schedule 3, which easements and profits a prendre are protected? Where is this codified?
Schedule 3 ss3 - (1) a LEGAL easement or profit a prendre which at the time of disposition (a) is not within actual knowledge of the person to whom the disposition is made, and (b) would not have been obvious on inspection of the land where it is exercise-able.
(2) exception in (1) doesn’t apply if the person entitled to easement or profit proves that has been executed in the period of one year ending with day of disposition.
For the purposed of s29 of the LRA 2002, how are unregisterable leases treated? Which ss is this codified in?
They are treated as if they were registered at the time of the grant. s29 ss4.
What are the registrable dispositions and where are they defined and listed?
It means dispositions that need to be registered and they include 1) a transfer, 2) granting a lease for more than 7 years, and 3) express grant or reservation of easement, and 4) grant of a legal charge. This is codified in s.27 LRA 2002.
What is the definition of valuable consideration, and where is it defined?
It is defined as more than nominal consideration in s132 LRA 2002.
This case shows the protection of a lease that is 3 years or less. Give facts and held.
Barclays v Zaroovabli - Facts: Z granted charge to A, afterwards a lease to B, A afterwards registers charge. Held: lease wins because it was treated as registered because it is was for 3 or less years.
This case illustrates whether a spouse who does not have an interest in the land could be held to be in ‘occupation’. Give held.
Williams and Glyn’s Bank v Boland. Held: if spouse is in occupation of a home then it is irrelevant that title is husband’s she is still considered in actual occupation.
This case illustrates whether an agent occupying the home could be extended to the principal. Give held and court.
Lloyds Bank v Rosset. Held: agents occupying home (ie builders) are enough to establish actual occupation as found in the Court of Appeal.
