Property Registration

Question 1

Why register property?

Answer 1

• To protect property rights
• To make dealing in property rights simpler
• To provide ‘clear notice’ to the world
• To provide evidence of title

Question 2

What rights do intellectual property rights protect?

Answer 2

• patent

- Trade mark system

Question 3

What rights to security interests?

Answer 3

• Registration of charges over corporately owned property, listed at Companies House
• Registration of aircraft mortgages, listed by the Civil Aviation Authority

Question 4

What are the reason for registration of land?

Answer 4

• Potentially extensive ‘bundle of rights’ in any particular piece of land, make investigations before purchases difficult and time-consuming
• A registration system means that prospective purchaser can consult the register instead, to find out quickly and easily about the title and interests in the land they plan to buy

Question 5

What statute states this:

• It creates the necessary legal framework in which registered conveyancing can be conducted electronically
• The bill will bring about an unprecedented revolution within a comparatively short time
• The fundamental objective of the Bill is that, under the system of electronic dealing with land that it seeks to create, the register should be complete and accurate reflection of the state of the title of the land at any given time

Answer 5

Land Registration Act 2002

Question 6

What is the mirror principle?

Answer 6

• The register should reflect the totality of the rights and interests concerning a title of registered land

Question 7

What is the insurance principle?

Answer 7

• the accuracy of the register is guaranteed by the state; any inaccuracies will be altered/ rectified, and any person adversely affected will be compensated

Question 8

What is the curtain principle?

Answer 8

• the purchaser of land need not be concerned with any interests that do not appear on the register

Question 9

What did the Land registration in England and Wales promote?

Answer 9

• the Land Registration Act 1925 introduced progressive non-compulsory system of land registration; then ‘triggers’ for compulsory registration were introduced

Question 10

The Land Registration Act 2002 replaced the Land Registration Act 1925, what were the aims of this act?

Answer 10

• further simplification of conveyancing
  -transparent land rights
  -protection of vulnerable interests
  -

Question 11

What it a property register?

Answer 11

• describes the land and estate comprised in the title and includes a title plan that indicates general boundaries

Question 12

What is a proprietorship register?

Answer 12

• specifies the class of title and identifies the owner. It constrains any eateries that affect the rights of disposal

Question 13

What is charges register?

Answer 13

-contains any charges and other interests that affect the land

Question 14

What are overriding interests?

Answer 14

• these cannot be registered, yet take priority over the rights of any occupier or transferee of the land- whether any occupier or transferee of the land- whether the transferee is a purchaser for value or not

Question 15

What does section 2 of the land registration act 2002 set out?

Answer 15

• sets out the estates and interests which are subject to ‘substantive registration’ with their own title numbers:

—> legal freeholds
—> legal leaseholds

Question 16

What are the purposes of alteration of the register?

Answer 16

• correcting a mistake
• bringing the register up to date
• giving effect to any estate, right or interest expected from the effect of registration
• removing a superfluous

Question 17

What does rectification mean?

Answer 17

• the correction of a mistake which prejudicially affects the title of a registered proprietor

Question 18

Knights Construction v Roberto Mac [2011] 2 EGLR 123

Mistaken registration of freehold interest

Answer 18

• the Salvation Army mistakenly applied for first registration of a freehold interest in land that belonged to KC; And the SA later sold the land to RM. There was no fraud, and for valuable consideration. KC applied for rectification

Held: KC was entitled to rectification of RM’s registered title so as to exclude the disputed land. RM was entitled to compensation from the Land Registry

Question 19

Gold Harp Properties Ltd V MacLead [2014] EWCA Civ 1084

Answer 19

• held that the priority of an original leasehold interest that had been mistakenly deleted from the register should be restored- even though this renewed leasehold interest was registered after Gold Harp’s leasehold interest, so should not have had priority

(Gold Harp had not provided valuable consideration and was associated with the dodgy freeholder)

Question 20

Derbyshire CC v Fallon [2007] EWHC 1326 (Ch)

Answer 20

• read case

Question 21

Pars all v Hackney [2013] EWCA Civ. 240

Answer 21

• read case

Question 22

What is an Indemnity?

Answer 22

• An indemnity is a promise by one party to compensate another for another for the loss suffered as a consequence of a specific event, called the “trigger event”
• this ‘trigger event’ can be anything defined by the parties, eg. A breach of contract, a party’s fault or negligence

Question 23

What are the other two ways of protecting rights in land?

Answer 23

• An injunction

- A declaration

Question 24

Define injunction

Answer 24

• An injunction (equitable remedy) can be used to exclude non- owners from property, on the basis of trespass

Question 25

Define declaration

Answer 25

• A Declaration is a statement by the court clarifying the property rights of parties in dispute