Registered Land Flashcards
What are the 3 parts a property register is divided into?
Property register
Proprietorship register - title; restrictions on owner
Charges register - notices of any third party rights registered against the title, incl registrable leases or mortgages
When does a mortgage become legal?
When entered in charges register of title affected
Where there is more than one charge registered against the title, what is the order of priority based on?
Order they are entered on the register - not date of creation
What are some minor third party interests?
Estate contracts
Home rights
Interests under a trust
Equitable easements or profits created after 2003
Equitable leases
Restrictive covenants
What is a restriction?
The mechanism which protects interests under a trust of land
Appears in proprietorship register
May be entered without consent of registered owner
What is a notice?
Applies to interests other than under a trust of land
Appear in charges register
May be entered without consent of registered owner but owner can challenge
What happens if a minor interest is not protected by either a notice in the charges register, or a restriction in the proprietorship register?
A purchaser of a registered title for valuable consideration would take the property free from these unprotected minor interests
What interests are enforceable in registered land, i.e. a buyer for valuable consideration of registered land would take it subject to these interests?
- Registered charges / dispositions
- Those registered as a notice in the register (minor interests)
- Overriding interests contained in Schedule 3
- Interests of a beneficiary under a trust
What overriding interest is contained in para 1 of Schedule 3?
Fixed term and periodic leases over under 7 years
What overriding interest is contained in para 3 of Schedule 3?
Legal easements and profits created by implication or prescription after 12 October 2003
How is a legal easement implied?
Necessity
Common intention
Wheeldon v Burrows
S 62 LPA
What is precription?
Long use of the easement
What are the 3 conditions of which 1 must be satisfied in order for an easement under para 3 be an overriding interest?
- Purchaser has actual knowledge of easement or profit on date of transfer, or
- Existence of the right would have been apparent on a reasonably careful inspection of the land, or
- If easement or profit has been exercised least once in the year prior to the land transfer
What overriding interest is contained in para 2 of Schedule 3?
“An interest belonging at the time of the disposition to a person in actual occupation, so far as relating to land of which they are in actual occupation”
What are the exceptions to actual occupation becoming an overriding interest under Sch 3 para 2?
- Person holding interest has failed to disclose right when reasonable to have been expected to do so
- Person’s occupation was not obvious on a reasonably careful inspection unless the buyer has actual knowledge
