seminar questions 2 Flashcards
What three principles underpin the Land Registration Act 2002?
mirror
curtain
insurance
Which of these three principles limits the registration of interests arising under trust?
Curtain principle – requires that interests arising under trust cannot appear on the register
Which events require compulsory registration of the title of previously unregistered land?
set out in the LRA 2002 s4 and are known as ‘triggering events’. The key ones :
A) the transfer of an estate
C) A lease of greater than 7 years ‘the grant out of a qualifying estate if an estate in land – for a term of years absolute of more than seven years from the date of the grant
D) A future lease – the grant out of a qualifying estate of an estate in land for a term of years absolute to take effect in possession after the end of a the period of three months beginning with the date of the grant
G) A first legal mortgage – creation of a protected first legal mortgage of a qualifying estate.
Which sections set out the effect of dispositions on priority?
LRA 2002 s28 (basic rule – first in time); LRA 2002 s29 (effect of registered dispositions: estates) and LRA 2002 s30 (effect of registered dispositions:charges)
What is the effect of non-registration of dispositions which require registration?
LRA 2002 s27 – if a disposition is required to be registered it will not take effect at law - it may take effect in equity if the formalities are satisfied (LPA 1925 s53)
What interests are excluded from LRA 2002 s32 Notice?
LRA 2002 s33
Do leases less than seven years require registration?
Schedule 3:1 Leasehold estates seven years or less are unregistered interests which override registered dispositions (overriding interests) but leases greater than 3 years may be protected by notice (LRA 2002 s32) as they are not expressly excluded (LRA 2002 s33)
Can an interest arising under a trust be registered as a LRA 2002 s32 Notice?
No it is one of the exceptions of the LRA 2002 s33.
