Registration

Question 1

How to establish title for unregistered land

Answer 1

Deeds and uninterrupted possession - called epitome of title

Question 2

How to show epitome of title

Answer 2

Good root of title ( a doc showing ownership for at least 15 years)
Or less than 15 if lease is less than 15

Question 3

Do legal rights always bind purchasers

Answer 3

Yes even if they have no notice

Puisne mortgage is exception

Question 4

Do equitable rights always bind purchasers

Answer 4

No they must be protected by a charge or notice to bind

Question 5

What can be protected by a land charge

Answer 5

C (iv) - estate contract 
D (ii) restrict covenant 
D (iii) equitable easement 
F- home right 
C(I) puisne mortgage

Question 6

Are buyers always bound by charges

Answer 6

Yes if registered before completion

Question 7

Are buyers bound by an equitable interest that isn’t registered as a charge but that they know exists

Answer 7

No it must be registered before completion to bind

Question 8

What equitable interests bind buyers using the doctrine of notice

Answer 8

Equitable interests pre dating -1925 and beneficial interests under trust (express and implied)

Question 9

Can beneficial interests be protected by charge

Answer 9

No use doctrine of notice instead

Question 10

What is the doctrine of notice

Answer 10

Buyer is bound unless bona fide purchase of legal estate for value without notice
Good faith- honest and no fraud
Value- can be nominal but not gift
Legal- not equitable or first created will prevail
Notice - actual, constructive or imputed

Question 11

Actual notice

Answer 11

Buyer knows

Question 12

Constructive notice

Answer 12

Buyer fails to make enquiries of prudent buyer

Question 13

Imputed notice

Answer 13

Buyers agent eg solicitor has actual or constructive notice

Question 14

Mirror principle

Answer 14

Register reflects reality

Question 15

Insurance principle

Answer 15

Accuracy of register guaranteed by state

Question 16

Indemnity principle

Answer 16

Errors are rectified and those affected are compensated

Question 17

Property reg - included in this part

Answer 17

Title plan, description, rights and type of title (freehold or leasehold)

Question 18

Proprietorship register

Answer 18

Class (qualified, absolute, possessory) name and address, restriction on dealing

Question 19

Charges register

Answer 19

3rd party rights, leases, mortgages

Question 20

Triggers of first registration

Answer 20

Transfer or mortgage of freehold

Lease with more than 7 years

Question 21

How long do you have to register after triggering event and what happens if you don’t

Answer 21

2 months or it is only equitable not legal

Question 22

Does registration of legal lease trigger registration of freehold

Answer 22

No

Question 23

How are legal leases for 7 years or less protected

Answer 23

Overriding interest

Question 24

Registerable dispositions

Once land is registered these must be registered too or they don’t have legal effect

Answer 24

Mortgage 
Transfer of estate
Grant of legal lease over 7 years
Grant of legal charge
Express legal easement or profit

Question 25

2 entries on charges register to show a registered charge

Answer 25

1. Indentifies that there is a charge and date of creation | 2. Indentifies proprietor of charge (lender)

Question 26

What are minor interests

Answer 26

Third party interests not capable of reg (similar to charges and doctrine of notice for unregistered land) Estate contracts Home rights Interests under trust Equitable easements or profits after 2003 Equitable leases Restrictive covenants

Question 27

Is a purchaser bound by minor interests

Answer 27

Only if they are protected by notice or restriction

Question 28

What minor interests can be protected with a restriction

Answer 28

Interests under a trust (express and implied)

Question 29

Effect of restriction

Answer 29

Appears in proprietorship register Use over reaching to take free of it No need for consent to register Will prevent a later registersble disposition for value not in accordance with terms of restriction

Question 30

Which minor interests are protected by a notice

Answer 30

All except trusts

Question 31

Effect of notice

Answer 31

Appears in charges register | No need for consent but proprietor can challenge it and get damages for loss

Question 32

Which equitable interests are removed by over reaching

Answer 32

Only beneficial interests under a trust

Question 33

Overriding interests in sch 3

Answer 33

Lease lease for 7 years or less Easements or profits created by implication or prescription Proprietary interest plus actual occupation

Question 34

When is a legal easement or profit created by prescription or implication an overriding interest

Answer 34

If one of three conditions applies: Purchaser has actually knowledge Apparent on reasonably careful inspection Or Was exercised at least one in year prior to transfer

Question 35

Which proprietary interests when coupled with actual occupation can be overriding

Answer 35

Any as long as it is an interest under a trust, equitable lease or an option Exceptions: Personal rights, homes rights, easements

Question 36

What is actual occupation

Answer 36

Physical presence, degree of permenance, continuity | Temporary absence is fine if physical evidence of occupation

Question 37

Does overarching apply to registered or unregistered land

Answer 37

Both

Question 38

When is overriding status lost

Answer 38

Person holding right failed to disclose it upon inquiry when reasonably expected to And Persons occupation wasn’t obvious on reasonably careful inspection unless buyer has actual knowledge