Registered Land (New) Flashcards
What are the two parallel systems within land law?
Registered and Unregistered Land
What makes land unregistered?
Not registered with the HM Land Registry
What was implemented in the Land Reform of 2002?
E-Conveyancing
What would make a right binding?
By registering the right it is binding however can have overriding interests
What makes a person the owner of the land?
Their name on the register
What happens if a person forgets to register their title?
They do not own the land
What happens if someone is on the register who is not entitled to be registered?
Until removed they own the legal title
What are the three types of registrable interests?
Registrable interests - estates and interests within s2
Minor Interests - all other interests named by LRA 2002
Overriding Interests - they bind the purchaser despite not being on the register
What are the 4 principles of registered land?
Mirror Principle
Crack in the Mirror Principle
Curtain Principle
Insurance Principle
What is the Mirror Principle?
Registers should act as a mirror and accurately reflect with total certainty the totality of estates and interests hat affect that registered title at any particular time
What is the Crack in the Mirror Principle?
Certain unregistered interests will bind the purchaser despite not being on the register
What is the Curtain Principle?
Beneficial interests are kept off the title and are protected by the use of a ‘restriction’
A third party may deal with the registered proprietor safe in the knowledge that any interests behind a trust will not affect the transaction
What is the Insurance Principle?
State guarantees the accuracy of the registered title, a person who suffers a loss as a result of the operation of the scheme of the land registration is compensated by the state
