REGISTERED LAND

Question 1

AIMS OF LRA

Answer 1

• to work towards registration of all land in England and Wales
• to introduce electronic conveyance permitting instant creation and transfer of estates and interests in land (ECA 2000)
• to make the register more of a mirror of title than before (more accurate reflection)
• to express the law in a clear and intelligible manner
• to amend the law in adverse possession

Question 2

REGISTRATION PRINCIPLES

Answer 2

• these are:
  1) mirror: reflects accurately and comprehensively all rights and interests which affect title of the land
  2) curtain: sole source of info for purchaser and don’t need to be concerned what’s behind it
  3) insurance: if there is an error and loss is suffered will be compensated (Baxter v mannion 2012)

Question 3

REGISTRATION

Answer 3

• outline of a registered title:
• property register: description of land eg freehold/leasehold and address. Plan and rights over the land eg easements
• proprietorship register: name and address of current owners whether title is absolute good leasehold possessory or qualified and any other restrictions limiting the power of the land
• charges register: burdens on the land

Question 4

REGISTRABLE DISPOSITION

Answer 4

• under s27LRA the following must be registered :
• FSAP
• TYA/leasehold starting in 3 months
• TYA/leasehold 7+ years
• legal easement (express)
• legal charge/mortgage

Question 5

NOTICE

Answer 5

• under s32/34 LRA must give notice for:
• lease 3-7 years
• equitable lease
• spousal rights to occupy
• equitable easement
• equitable mortgage
• can not register a beneficial interest

Question 6

RESTRICTION

Answer 6

• s43LRA can register restrictions
• mortgage
• beneficial interest

Question 7

OVERRIDING INTERESTS

Answer 7

• a way of protecting estates an interests
• These interests are binding but do not appear on register sch 1 + 3 LRA 2002
• legal leases of up to 7 years para 1
• interests of persons in actual occupation para 2
• legal easements not within knowledge of/reasonably obvious to person who disposition was made eg created by prescription or implication

Question 8

OVERRIDING INTERESTS II

Answer 8

• sch 3 para 2
• you must have interest and occupation to qualify
• Williams v Glyns bank v boland 1980 found occupation must be obvious on reasonably careful inspection
• actual occupation
• Thompson v Foy 2010 found there must be a continuing intention to occupy
• Abbey national building society v Cann 1991 found must be a question of fact
• chhokar v chhokar 2010 involves temporary absence (if not on house at time still can be considered in occupation)

Question 9

OVERREACHING

Answer 9

• s2 and s27 LPA
• Williams and Glyns bank v boland 1981
• city of London building society v Flegg 1988 see baker v craggs 2018