Land Registration and Priority Flashcards
Lagan Bitumen v Tullagower Quarries
Various maps shenanigans in a row over the boundaries of some parcels of land. High Court determined the PRA asked questions as necessary and then simply executed registration based on answers provided. Court did not find the PRA committed any errors and Court refused to order the map to be changed.
There are provisions in the Land Registration Act to have the Property Registration Authority correct an error, but the PRA did not make an error here. There are provisions to amend the registered maps if parties can agree on what change needs to be made, but these parties couldn’t agree. There is a provision in the Land Registration Act which allows for the Courts to order a change to the map, but it is at the Court’s discretion. The Court here clearly thought these folks brought it on themselves with their own incompetence and did not want to intervene.
What are the three main types of interests when it comes to registration?
- Legal Interests
- Equitable Interests
- “Mere Equities”
Who is equity’s darling?
The bona fide purchaser.
What is the bona fide purchaser rule?
The bona fide purchaser rule applies where A holds an equitable interest which competes with B’s later iegal interest.
B will take priority if:
1. He has obtained the legal estate
2. He has given value for the legal estate
3. He has obtained the legal estate in good faith and without notice of the existence of the prior equitable interest.
At what point in time is it decided what knowledge a bona fide purchaser had?
At the time money is paid for the transaction
What are the two elements of constructive notice?
Failure to investigate known encumbrances
Failure to make such inquiries as a prudent purchaser would make.
You should be looking at the land itself and documentary evidence.
Hunt v Luck
Deals with persons in possession of land that is being purchased. Someone was buying land but didn’t check to see if anyone was living there
Section 72 - Failure to inspect the land you are buying could result in you taking the land with other interests attached.
Agra Bank v Barry
Owners who bought a house even though the deed copy provided during the underwriting/due diligence process was missing the last page. Buyer had to take property with Bank’s interest and the Bank was entitled to seize the land when the fraudster defaulted.
What is a mere equity?
A right affecting property that is less significant than an equitable right or a legal right; it does not affect anyone except the parties to the transaction in which it is contained.
What is the Registry of Deeds?
Non compulsory system of registering documents.
The registry of deeds DOES NOT RECORD OWNERSHIP, only documents assoicated with the land.
A deed is “a document by which an estate or interest in land is created, transferred, charged or otherwise affected … whether under seal or not.”
The Registry of Deeds will eventually be closed when everything goes to the land registry.
What is the Land Registry?
Events of title are recorded in this registry: it records owners/beneificaries/etc to land in Ireland after a review of supporting documents for the title-related event.
Once a property moves to the land registry it will not move back to the registry of deeds.
Is deed registration compulsory?
No, but not doing so can lead to grave consequences.
Which claim to a land interest takes precedent in registered vs registered land?
It is based on the date on which REGISTRATION took place - the earlier of the two registrations takes priority.
Which claim to a land interest takes precedent in unregistered v unregistered land?
You apply rules according to the interest.
Which claim to land interest takes precedent in unregisterable v registered?
If the land was never able to be registered (pre-1891) it would not be fair to give priority to the registration. Rules are applied according to interest.
