Registration of title to land Flashcards
What 6 events will trigger the requirement to make a first application to register unregistered land?
(clue: CADLAC)
- Conveyance of freehold land
- Assent
- Deed of gift
- Lease of 7 or more years
- Assignment on sale of lease with an unexpired term exceeding 7 years
- Creation of a first legal mortgage
After a trigger event, within what timeframe must an application be made to HMLR for first registration?
2 months
What happens if there’s a failure to register a conveyance in 2 months?
The transfer of legal estate to the buyer becomes void, and reverts back to seller
What happens if there’s a failure to register a lease?
Transferor has full legal title which they hold as a bare trustee (must follow the instructions of the lessee)
What should a buyer’s solicitor do if they discover that a trigger event has already occurred on an unregistered property when they were investigating title?
Return the epitome of title to the seller’s solicitor and require them to make an application for first registration of title to land
What are the three classes of title for freehold estates under the proprietorship register?
- Absolute freehold title
- Qualified freehold title
- Possessory freehold title
What are the four classes of title for leasehold estates under the proprietorship register?
- Absolute leasehold title
- Qualified leasehold title
- Possessory leasehold title
- Good leasehold title
When will good leasehold title be granted?
When the landlord’s right to grant the lease is not guaranteed.
This usually occurs when the lease appears valid on the face of it but the documents proving the landlord’s title have not been registered at HMLR
When may possessory title be granted? (2 scenarios)
- Owner claims to have acquired the land by adverse possession
- Owner cannot produce documentary evidence of title to an estate for some reason
When can possessory title be upgraded to absolute freehold title?
If the registered proprietor can show that the possessory title has not been challenged for 12 years since it was granted.
When will qualified freehold or leasehold title be granted?
Where there is some specific defect that has been identified and this is stated in the register (this is very rare in practice)
What four interests can be substantively registered at HMLR, meaning they’re registered with their own title number and register?
(clue: FERP)
1.Franchises
2. Estates in land
3. Rentcharges
4. Profits a prendre in gross
When is a caution against first registration used?
To protect a party’s interest in unregistered land and ensure that the cautioner receives notification of an application to register the land
A caution against first registration must be made with…
reasonable cause
What are the three registers in the Title Information Document and Register of Title?
- Property register
- Proprietorship register
- Charges register
What does the property register include (3 key things)?
- Postal address
- Legal estate held
- Any rights in other property that benefit the property (e.g. an easement)
What does the proprietorship register include (4 key things)?
- Restrictions on title
- Class of title held (e.g. absolute, qualified etc.)
- Name of the current holder(s) of the legal estate
- Cautions
What does the charges register include? Give 4 examples.
Details of encumbrances on the land which are adverse to the proprietor
1. Restrictive covenants
2. Mortgages
3. Estate contracts
4. Easements
What is a notice on a register of title, and which register will it appear on?
An entry in the register in respect of the burden affecting a registered estate or charge
Appears on the Charges register
When is a notice of home rights used?
When a spouse/CP applies to register a notice on a register of land to protect their rights to occupy the matrimonial or civil partnership home
What is a restriction on a register of title?
Which register does it appeal on?
An entry on the register used to prevent any dealing with the land besides the terms of that restriction
Appears on the Proprietorship register (e.g. a Form A restriction)
What is an overriding interest?
An interest which is capable of binding a buyer even though it does not appear on the register of title
What are 4 interests which override first registration, meaning they continue to exist after the unregistered land is registered?
(clue: ILLL)
- Interest of a person in actual occupation
- Lease for 7 years or less
- Legal easements and profits
- Local land charges
Does a spouse/CP’s right of occupation count as an overriding interest of a person in actual occupation?
If not, how can they protect their rights to the marital home?
No - this doesn’t count as an interest of a person in actual occupation
Spouses should protect their rights via a home rights notice
Legal leases of between 3-7 years can be protected by entry of a …
notice
What does a person in adverse possession acquire if all requirements are met for registered land?
The right to apply for registration of title
How many years of possession until a squatter can apply for registration for registered land?
10 years
What are three requirements for possession under the doctrine of adverse possession?
- Physical
- Exclusive
- Without owner’s permission
(note: this is the same whether the land is registered or unregistered.)
Upon application for registration of title under AP, the registered owner must be ________ by HMLR
If they object, the application is ___________
notified, rejected
When might an application for registration of title under AP not be rejected even if the owner objects (2 options)?
- Unconscionable
- Mistake in boundaries
What is the result of a successful application for registration of title under AP?
Squatter will be registered as the proprietor
