Land T2 --- Land registration

Question 1

What is the three underlying principles of land registration

Answer 1

1. Mirror principle
2. Curtain principle
3. Insurance principle

Question 2

Define mirror principle and its importance

Answer 2

1. It creates a complete and accurate reflection of the state of the title of the land anytime

Question 3

Define curtain principle and its importance

Answer 3

1. It means trust interests should not affect purchasers without a further justification being present

Question 4

Define insurance principle and its importance

Answer 4

1. It compensates any person who suffers loss as a result of reliance on the register

Question 5

What authorities governs the triggering events of first registration?

Answer 5

1. s3 LRA 2002 — voluntarily registration
2. s4 LRA 2002 — complusory registration

Question 6

What authorities governs the triggering events of registrable disposition?

Answer 6

1. s27 LRA 2002

Question 7

Explain priority rules and its sources of authorities

Answer 7

1. s28 LRA 2002
2. the priority of an interest affecting a registered estate or charge is not affected by a disposition of the estate or charge
3. The earlier the more prioritised, ceteris paribus

Question 8

Explain the exceptions to priority rules and its sources of authorities

Answer 8

1. s29(1) LRA 2002
2. If a registrable disposition of a registered estate is made for valuable consideration, completion of the disposition by registration has the effect of postponing to the interest under the disposition any interest affecting the estate immediately before the disposition whose priority is not protected at the time of registration

Question 9

Explain the exceptions to s29(1) and its sources of authorities

Answer 9

1. s29(2)
2. If the interest has been noticed
3. Has the ability of being override
4. Interests that are previously registered
5. Interests with these status will have priority over the interests listed in s29(1)

Question 10

Define overriding interests, its funcitons and its sources of authorities

Answer 10

1. They are rights which are binding upon purchasers of estates in landeven thoughthey donotappear on the register
2. They will bind third parties if their status is solidified
3. ss3 of LRA 2002

Question 11

Explain the determinants for actual occupation

Answer 11

1. the claimant must have some sort of property rights, and it cannot be under s33 LRA 2002
2. they are held under factual circumstances

Question 12

Explain the test of actual occupaiton in the context of overriding interest

Answer 12

Actual occupation exists unless
1. A person whose occupation would not have been obvious on a reasonably careful inspection of the land at the time of the disposition; and
2. The person to whom the disposition is made does not have actual knowledge at that time

Question 13

Explain the notion of overreaching

Answer 13

1. Where there is a conveyance of land, certain equitable interests affecting that land are substituted and transformed into monetary interests

Question 14

Explain the requirements of overreaching

Answer 14

1. There must be a conveyance of land
2. The capital money must be paid to two trustees
3. The interest must be capable of being overreached