Property Registration Flashcards
Why register property?
- To protect property rights
- To make dealing in property rights simpler
- To provide ‘clear notice’ to the world
- To provide evidence of title
What rights do intellectual property rights protect?
- patent
- Trade mark system
What rights to security interests?
- Registration of charges over corporately owned property, listed at Companies House
- Registration of aircraft mortgages, listed by the Civil Aviation Authority
What are the reason for registration of land?
- 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
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
Land Registration Act 2002
What is the mirror principle?
- The register should reflect the totality of the rights and interests concerning a title of registered land
What is the insurance principle?
- the accuracy of the register is guaranteed by the state; any inaccuracies will be altered/ rectified, and any person adversely affected will be compensated
What is the curtain principle?
- the purchaser of land need not be concerned with any interests that do not appear on the register
What did the Land registration in England and Wales promote?
- the Land Registration Act 1925 introduced progressive non-compulsory system of land registration; then ‘triggers’ for compulsory registration were introduced
The Land Registration Act 2002 replaced the Land Registration Act 1925, what were the aims of this act?
- further simplification of conveyancing
-transparent land rights
-protection of vulnerable interests
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What it a property register?
- describes the land and estate comprised in the title and includes a title plan that indicates general boundaries
What is a proprietorship register?
- specifies the class of title and identifies the owner. It constrains any eateries that affect the rights of disposal
What is charges register?
-contains any charges and other interests that affect the land
What are overriding interests?
- 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
What does section 2 of the land registration act 2002 set out?
- sets out the estates and interests which are subject to ‘substantive registration’ with their own title numbers:
—> legal freeholds
—> legal leaseholds
What are the purposes of alteration of the register?
- 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
What does rectification mean?
- the correction of a mistake which prejudicially affects the title of a registered proprietor
Knights Construction v Roberto Mac [2011] 2 EGLR 123
Mistaken registration of freehold interest
- 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
Gold Harp Properties Ltd V MacLead [2014] EWCA Civ 1084
- 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)
Derbyshire CC v Fallon [2007] EWHC 1326 (Ch)
- read case
Pars all v Hackney [2013] EWCA Civ. 240
- read case
What is an Indemnity?
- 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
What are the other two ways of protecting rights in land?
- An injunction
- A declaration
Define injunction
- An injunction (equitable remedy) can be used to exclude non- owners from property, on the basis of trespass
Define declaration
- A Declaration is a statement by the court clarifying the property rights of parties in dispute
