Registration

Question 1

Required Registration

Answer 1

The following interests in land must be registered in order to have legal effect:

• transfer of land
• where registered land lease, grant of lease for more than 7 years
• lease to take effect in possession after end of period of 3 months beginning with date of grant.
• legal mortgage / other charge
• easement equivalent to a term of years absolute or absolute fee in possession.

Failure to register = interest in land does not operate at law.

Question 2

Compulsory First Registration: unregistered land

Answer 2

• transfer of land for value or other consideration (including trust) or gift
• transfer for valuable consideration or gift (including trust) of legal lease with more than 7 years to run
• where lease granted to take effect more than 3 months after granted (even if duration shorter than would normally require reg).

Must register within first 2 months of transfer or legal title will revert back to the seller.

Question 3

Voluntary First Registration

Answer 3

Voluntary first registration of land and reduced fees.

Question 4

Principles of Registration

Answer 4

1. Mirror principle = should register all benefits and burdens, buyer only bound by 3rd party interests entered on register at time of sale other than overriding interests.
2. Curtain Principle = register records legal ownership, not equitable ownership.

Insurance = if there is an error in the register, it will be corrected and the LandReg will compensate anyone suffering a loss as a result.