Registered Land

Question 1

s4 LRA 2002

Answer 1

Compulsory First Registration

• Sale, gift or assent of freehold
• Grant of lease for more than 7 years
• Assignment of lease with more than 7 years to run
• First legal mortgage of freehold, or leasehold with more than 7 years to run

Question 2

3 Groups of rights in LRA 2002

Answer 2

1. Registrable Dispositions
   - Broadly equivalent to legal estates and interests
   - s27 substantive registration
2. Interests which should be protected
   - By a s32 Notice
   - Or by a s40 Restriction
3. Overriding interests
   - Which do not have to be registered or protected in any way to be binding
   - Schedule 3 LRA 2002

Question 3

Substantive registration

Answer 3

• Transfers of f/h or l/h
• New lease for 7+ years
• Express easement for a f/h or l/h term
• Landlord’s right o entry
• Legal charge / mortgage

Question 4

s32 LRA 2002: Interests protected by Notice

Answer 4

• Basic equitable interests e.g. Restrictive covenant or Easements for uncertain term
• Estate contract of any type
• Automatically entered if there is a legal easement
• s29 LRA 2002, the effect of no entry

Question 5

Effect of not entering a Notice

Answer 5

-Basic rule of priority in s28 only applies to donees

No entry:

• s29(1) LRA 2002: purchaser for value takes the land free of the interest
• ‘pfv’ includes buyer and lender
• but a person who acquires the land without paying for it is still bound (s28)
• De Lusignan v Johnson
• Wilkes v Spooner