Registration Flashcards
What does the numerus clausus mean in land law?
Means there is a ‘closed list’ of rights associated with property, the courts only recognise a certain number of rights as having a property nature
Where can we find the list of rights in land law?
S1 Law of Property Act 1925
What does part 2 of the Land Registration Act 2002 deal with?
First time registration, s3 sets out voluntary registration and s4 compulsory registration
What creates the difference between s3 and s4?
Registration is compulsory under s4 if land is transferred to another or a grant of the land is given
What is the difference between absolute, qualified and possessory title?
S9 Land Registration Act 2002
Absolute- A person has all necessary documents to prove they are the title holder of the land
Qualified- If title has been established only for a limited time or subject to reservations that cannot be disregarded
Possessory- when a person cannot be registered in any other class due to lack of documentation, but is in actual possession or receipt of the rents
What does part 3 of the LRA 2002 deal with?
Dispositions of Registered Land
What are the powers given to an owner by virtue of s23 and s24
S23- Owner has the power to make a disposition of any kind permitted by the law
S24- Person is entitled to exercise this power if they are the registered proprietor or are entitled to be registered
What does s27 of the act lay down?
The disposition that are required to be registered
What is the basic rule of the effect of dispositions on priority?
S28- except provided by s29 and s30, the priority of an interest is not affected by a disposition
What does s29(1) provide?
Where a registrable disposition is made for valuable consideration, this will postpone any interest affecting the disponee (i.e. purchase will take priority over existing interests in the land)
What does s29(2) provide?
A pre-existing interest will be protected from a disposition if it is
(a)(i) the subject of a notice in the register
(a)(ii) falls under Schedule 3
What does Schedule 3 set out?
OVERRIDING INTERESTS:
Para 1, a lease not exceeding 7 years does not need registration and will be overriding
Para 2, Actual Occupation
Para 3, Easements and Profits a Prendre
When will actual occupation not be an overriding interest?
(b) where upon inquiry there was a failure to disclose the right even though they could have
(c)(i) the right would not have been obvious upon a reasonably careful inspection
What is actual occupation under the case law?
Williams & Glyn’s Bank v Boland
Actual occupation is ordinary plain English, there must be some physical presence on the land
What does and does not amount to actual occupation under the law
Lloyds Bank v Rosset, presence of builders / agents and work on the house is actual occupation
Abbey National BS v Cann, boxes and carpets placed down are not enough, there must be a degree of permanence
