Registered land: enforcement of interests

Question 1

What are the key features of registering land?

Answer 1

a) Governed by the LRA 2002 and administered by the Land Registry; maintain an electronic
register of all registered land in England and Wales.

b) The proprietary right is capable of being enforced
against a third party (LRA 2002 Rules)

Question 2

What are the categories estates and interests in land are placed in by the LRA 2002?

Answer 2

1. Registrable dispositions
2. Interests protected by entry
3. Overriding interests

Question 3

What is the ‘basic rule of priority’ in s.28?

Answer 3

A donee of land will take the land subject to all pre-existing estates and interests whether they are protected by registration or not (i.e even if equitable interest is not properly registered)

! exemption ! a disposition of a registered estate for valuable consideration.

Question 4

What do we mean by a disposition of a registered
estate for valuable consideration in s.29?

Answer 4

A purchaser for valuable consideration will take land subject to all properly
protected interests and overriding interests.