registration, estates and interests

Question 1

what are the 3 principles?

Answer 1

curtain
mirror
insurance

Question 2

explain the curtain principle

Answer 2

holds that interests under trusts shouldn’t appear on the register and that such interests shouldn’t affect purchases of the land without a further justification

Question 3

explain the mirror principle

Answer 3

the register should provide an accurate and complete reflection of property rights in relation to a piece of land

Question 4

explain the insurance principle

Answer 4

the register operates as a guarantee of title- if the register is found to be inaccurate and an individual is adversely affected, they will receive compensation

Question 5

what does s7 LRA 2002 state?

Answer 5

refers to non compliance- if registration not completed, the transfer is void

Question 6

where can overriding interests be found in the LRA 2002?

Answer 6

schedule 3

Question 7

what sections of the LRA state the interests protected by notice or restriction?

Answer 7

s32, s33, s40

Question 8

what must be done for a successful transfer of land?

Answer 8

formalities must be complied with:
1. exchange of contracts compliant with s2 LPMPA
2. must be by deed s52
3. must comply with the requirements of LPMPA s1

registration must be executed:
1. must be completed by registration s27 LRA

Question 9

when creating a legal interest, where can the legal interests that need to be registered be found in the LRA?

Answer 9

s27

Question 10

where can the protection of notice be found?

Answer 10

s32 LRA

Question 11

what interests, if completed by registration, are able to be protected by notice?

Answer 11

• an express easement LRA S27(d)
• legal charge (legal mortgage) s27(f)
• express right of entry and estate charge s27(e)

Question 12

where can the interests that are excluded from being protected by notice be found?

Answer 12

s33 LRA
(a) an interest under a trust of land or a settlement
(b) a leasehold estate in land which

Question 13

what are some interests that are commonly protected?

Answer 13

equitable easements
equitable mortgages
equitable leases
restrictive covenants
estate contracts

Question 14

what does s40 LRA contain

Answer 14

restrictions- limitations on the power of the registered proprietor to deal with the property

Question 15

for a valid interest arising under actual occupation, what must the claimant have?

Answer 15

1. an interest in the property
2. the interest must exist at the time of the disposition
3. they must be in actual occupation
4. must not be included in the exceptions schedule 3 para 2 bra

Question 16

what did the case of Williams v Glynn’s bank establish in relation to actual occupation?

Answer 16

what is required is physical presence

Question 17

what did the case of lloyds bank v rosett 1989 establish in relation to actual occupation?

Answer 17

what constitutes actual o depends on the nature and condition of the land

Question 18

what did the case of abbey national v cann establish in relation to actual o?

Answer 18

no need for continued and uninterrupted physical presence on the part of the person claiming actual o, but must be some degree of permanence and continuity

Question 19

what did the case of chokkar v chokkar establish in relation to actual o?

Answer 19

if absent, must have the intention to return

Question 20

what are some types of inspection?

Answer 20

• not constructive notice (less demanding)
• evidence of another persons presence is sufficient for obvious occupation- le foe v le foe 2001
• more than cursory inspection- link lending v bustard 2010
• more than intermittent; car parking/ bins- knights construction v Roberto Mac