Registration

Question 1

What is the act that deals with Land Registration?

Answer 1

Land Registration Act 2002.

Question 2

What creates and transfers rights (titles) to land?

Answer 2

Registration.

Question 3

When does a deed for the disposition of a registered estate or registered charge have an effect in law? What statute and section dictate this?

Answer 3

It only has effect in law when it is registered via the Land Registration Act 2002, s27.

Question 4

When does a deed for the disposition of a registered estate or a registered charge have an effect in equity?

Answer 4

After the deed is executed.

Question 5

Do legal easements need to be registered?

Answer 5

Yes.

Question 6

LRA 2002, s58. Paraphrase.

Answer 6

If a deed wouldn’t have otherwise been valid it will be valid once it has been registered.

Question 7

If forged documents are registered does title in the land still pass? Are there any remedies to reverse this?

Answer 7

Yes and yes.

Question 8

How does the defence of bona fide purchase operate in land law?

Answer 8

It does NOT operate at all.

Question 9

LRA 2002, ss 28, 29.

Answer 9

If a disposition of a registered estate is made for valuable consideration it takes priority over any interest unless it is protected.

Question 10

Which case illustrates that knowledge and notice of a previous unregistered in a land are irrelevant? Give facts briefly.

Answer 10

Midland Bank Trust Co Ltd v Green. Son had option to purchase but father wanted to get out so he realised his interest was not registered so he sold land to his wife to cancel interest.

Question 11

What older interests are protected even after land registration took place?

Answer 11

1) A registered charge or a registered interest.
2) Anything that falls within the paragraphs of schedule 3 (like someone who has actual occupation).
3) Leaseholds that are under 8 years.

Question 12

What is the general rule regarding interests in land that come prior to a later disposition? Are they cancelled? What act and section address this?

Answer 12

The general rule is that they win over later dispositions so no they are not cancelled. LRA 2002, s28.

Question 13

LRA 2002, s29.

Answer 13

If a 1) registrable disposition of a registered estate is made for 2) valuable consideration, 3) completion of the disposition by registration has the effect of postponing to the interest under the disposition any interest affecting the estate immediately before the disposition whose priority is not protected at the time of registration.

Question 14

What are registrable dispositions? Name them. What act and section defines what registrable dispositions are?

Answer 14

Interests that have to be registered. They are 1) transfer (of an interest), 2) grant of a lease for more than 7 years, 3) express grant or reservation of easement, and 4) grant of a legal charge ie mortgage (LRA 2002, s27).

Question 15

What is valuable consideration as mentioned in s29 LRA 2002? Which act and section clarify this?

Answer 15

Valuable consideration does not include marriage consideration or a nominal consideration in money (LRA 2002, s132) (negative definition).

Question 16

What is completion by registration?

Answer 16

Registering the interest in the register.

Question 17

What happens when LRA 2002, s29 is satisfied?

Answer 17

The earlier interest is postponed if it is not registered and therefore is not protected.

Question 18

LRA 2002, s29(2).

Answer 18

A priority of an interest is protected if 1) it is a registered charge or 2) subject to a notice in the register, and 3) falls within schedule 3 (like actual occupation).

Question 19

LRA 2002, s29(4).

Answer 19

If a lease does not have to be registered it has effect as if 1) it has been registered, and 2) it has been registered at the time of the grant.

Question 20

Barclays v Zaroovabli.

Answer 20

Z granted charge to B and then granted lease to P in 1988 without B’s permission. B registered charge in 1994 and wants to enforce mortgage. Mrs P wins. Ratio: P had first registrable interest.

Question 21

What is a registered charge? What act/section clarifies this?

Answer 21

Charge means any mortgage, charge, or lien for securing money or money’s worth. Registered means it is entered into the register (LRA 2002, s132).

Question 22

What is the effect of the notice in the register?

Answer 22

Notice does not mean you have the interest (unlike registration), but if you do have it, it will protect it.

Question 23

LRA 2002, s33.

Answer 23

1) an interest under a trust of land, 2) a leasehold estate in land which is granted for a term of three years or less and is not required to be registered, and 3) a restrictive covenant made between a lessor and a lessee relating to the demised premises.

Question 24

What is a restriction?

Answer 24

A restriction may prohibit the making of an entry in respect of any disposition, or a disposition of a kind specified in the restriction… indefinitely, for a period specified in the restriction, or until the occurrence of an event so specified.

Question 25

What is protected under schedule 3 LRA 2002?

Answer 25

1. Leasehold estates in land.
2. Interests of persons in actual occupation.
3. Easements and profits a prendre.

Question 26

What is the exception for a person who is in actual occupation?

Answer 26

His interests are protected if he is in actual occupation in the land where he has the interest at the time of the disposition to him.

Question 27

What is the exception to the rule that a person in actual occupation has a protected interest?

Answer 27

1) if he failed to disclose the right when he could reasonably have been expected to do so.
2) or when an interest which belongs to a person whose occupation would not have been obvious on a reasonably careful inspection of the land at the time of the disposition and of which the person to whom the disposition is made does not have actual knowledge at that time.

Question 28

National Provincial Bank v Ainsworth.

Answer 28

A husband owns a house where he lived with his wife and four children. He deserted his wife in 1957. In 1959 he transferred house to his company and company mortgaged it and then sought possession in 1962. Held: she was in occupation, but she did not have a proprietary interest. Still, she got a ‘deserted wife’s equity’ so she has duty to live in a house but not necessarily that home (this case would be looked at differently today).

Question 29

What are the interests that can be registered? What section/act is this under?

Answer 29

Legal fee simple estates, legal leases of more than 7 years, legal charges, and express legal easements and profits (LRA 2002 s27(2)).

Question 30

Which interests cannot be entered as a notice (or registered)? What act/section codifies this?

Answer 30

Interests under a trust, leases for 3 years or less, and leasehold restrictive covenants (LRA 2002, s33).