Registration and its effect Flashcards
What are the foundational principles of land registration as outlined in Bishopsgate Motor Finance Corp Ltd v Transport Brakes Ltd [1949]?
The mirror principle, curtain principle, and insurance principle.
What does the mirror principle assert?
That the register accurately reflects the current state of title.
What is the purpose of the curtain principle in land registration?
To shield the register from behind-the-scenes equities. (means purchasers need not look beyond the register to see what interests bind the land and are not concerned with trusts over the land.)
What guarantees does the insurance principle provide?
Compensation for losses due to inaccuracies in the register.
What do ss 23, 24 of the LRA 2002 empower proprietors to do?
Make dispositions of land as if it were unregistered, simplifying transactions and protecting disponees(The party to a transaction who receives an interest in land from the other party).
Which section of the LRA 2002 defines which dispositions require registration to be legally effective?
(What are they?)
Section 27.
These include:
a transfer
certain types of lease
the grant or reservation of an easement
a rentcharge/right of entry annexed to a rentcharge
a charge by way of legal mortgage
How does the LRA 2002 establish the priority of interests?
Through ss 28, 29–30, 116, Schedule 3, ensuring that the register accurately reflects the hierarchy of rights.
What is the significance of title by registration under s 58 of the LRA 2002?
Confers legal ownership upon registration, pivotal for the doctrine of “title by registration.”
What mechanisms does the LRA 2002 provide for correcting mistakes in the register?
Alteration and Rectification (s 65 and Schedule 4).
What does s 103 and Schedule 8 of the LRA 2002 offer?
Compensation for loss or damage resulting from the register’s inaccuracies.
What principle is highlighted in Breskvar v Wall [1971]?
The principle of title by registration, emphasizing that registration confers ownership, not merely reflects it.
What do NRAM Ltd v Evans [2017] and Brelsford v Providence Estate Ltd [2022] elucidate?
The concept of “mistake” within the context of rectification, broadening the scope of what constitutes a registrable error.
What does Westdeutsche Landesbank Girozentrale v Islington LBC [1996] discuss?
The separation of legal and equitable titles and the establishment of constructive trusts over stolen property.
What cases explore the nuances of indemnity and the impact of possession on rectification rights?
Swift 1st Ltd v Chief Land Registrar [2015] and Dhillon v Barclays Bank plc [2020].
What are the key aspects of the Law Commission’s proposals for reform in Law Com No. 380 (2018)?
Clarifying that seeking alteration or rectification of the register to correct a mistake should not be a property right and adjusting conditions for rectification against a proprietor in possession.
