principles of registration

Question 1

what is the mirror principle

Answer 1

register should reflect all matters that the property has the benefit and burden of.

Question 2

what is the exception to the mirror principle

Answer 2

overriding interests:
- do not appear on the register
- will still be binding on the owner of the legal estate

Question 3

what is the curtain principle

Answer 3

records the only ownership of the *legal estate/title** in the property.

If a property is held on trust, the purchasers need not be concerned the beneficial or equitable
ownership of the land (‘what lies behind the curtain’)

Question 4

what is the insurance principle

Answer 4

a key advantage of registered land - the accuracy of the register is guaranteed by the state (state indemnity)

If there is an error with the register, it will be corrected and anyone who has suffered any loss will be compensated (LRA 2002, s23).

Question 5

how is the Official Copy divided up?

Answer 5

(1) the property register;
(2) the proprietorship register; and
(3) the charges register.

Question 6

The property register

Answer 6

• A description of the land (i.e. the address) by reference to the title plan
• The type of estate, freehold or leasehold
• Details of any rights (eg easements) that benefit the land

Question 7

The proprietorship register

Answer 7

• The name and address of the register proprietor (owner) of the land
• Details of any restrictions affecting the registered proprietor’s ability to deal (eg sale / lease / mortgage) with the land
• The class of title

Question 8

absolute title

Answer 8

• best form of ownership
• most properties are registered with absolute title
• the land is only bound by interests that are registered on the title or overriding interests

Question 9

qualified title

Answer 9

• if the Land Registry believes the title has some defect
• qualified title is rare

Question 10

good leasehold title

Answer 10

• where Land Registry is satisfied as to the title of the leaseholder only and not the freeholder
• freehold title is unregistered
• applicant fails to submit evidence of freehold title when applying to register leasehold

Question 11

possessory title

Answer 11

• applicant is in possession of the property or is in receipt of rents and profits
• no other class can be given
• no title deeds to prove ownership; or
• deeds destroyed
• often given to those with adverse possession / squatters’ rights
• may mean that third party interests created before the date of first registration bind the property even though these are not noted on the title

Question 12

the charges register

Answer 12

• details of interests the land is burdened by e.g., re covenant, easement, mortgage

Question 13

what is the effect of not keeping the register updated?

Answer 13

• the buyer of a freehold estate is not recognised as the new legal owner until registration has taken place;
• the tenant of a lease over seven years is not recognised as having a legal lease until the lease is registered; and
• a legal mortgage

is not created until it has been registered at the Land Registry.