The Register

Question 1

What are the 3 Registers?

Answer 1

Property Register
Proprietorship Register
Charges Register

Question 2

What does substantively registrable mean?

Answer 2

Some interests and estates have their own register and unique title number

Question 3

What are the 6 estates and interests that are substantively registrable?

Answer 3

Freehold
Leasehold - usually over 7 years
Rentcharge - with a certain end date
Franchise - corporal interest
Profit a Prendre in gross
Manor

Question 4

What is contained in the Property Register?

Answer 4

Verbal description of the land
Description by reference of the filed plan
Any easements, rights, privileges and covenants over the land
If leasehold, brief details of the lease are set out

Question 5

What is contained in the Proprietorship Register?

Answer 5

The name and address of the current proprietor under the title number
Price paid for the title
Quality of the registered proprietorships title

Question 6

What are the classes of freehold title defined in s9?

Answer 6

Absolute
Qualified
Possessory

Question 7

What is the Absolute Title?

Answer 7

Highest class of title that can be granted
Only subject to overriding interests an interests protected on the register

Question 8

What is a good leasehold?

Answer 8

If a absolute title is not granted for a leasehold then a good title will usually be granted. (s10(3) subject to s12(6) LRA 2002
Guarantees the lease but not that the lease was validly granted

Question 9

What is qualified title?

Answer 9

Very rare and only granted under ss9(4) and 10(5)

Question 10

Whats is the Possessory Title?

Answer 10

Where there is insufficient evidence to support a higher title
Based on evidence that are living there or in receipt of rents or profits

Question 11

How does one claim a possessory title?

Answer 11

Usually by adverse possession - if someone lives in a property for 12 years he maybe able to claim ownership of the land and defeat the paper title holder.

Question 12

What is contained in the Charges Register?

Answer 12

Details of any third party interests in the title registered

Question 13

What are the two types of interests in the charges register?

Answer 13

Permanent Interets

Temporary Rights

Question 14

What are Permanent Interests?

Answer 14

Intended to bind the land to whoever is its owner

E.g. Easements, Restrictive Covenants, notice of leases

Question 15

What are Temporary Rights?

Answer 15

Only intended to bind the land while it continues to be owned by the person responsible for creating the rights
E.g. Mortgages, Financial Charges

Question 16

What are the 2 circumstances where statutory requirement to register can arise?

Answer 16

First Registration

Dealing with Registered land

Question 17

What is First Registration?

Answer 17

A transaction where LRA 2002 requires it to be registered

E.g. Grant of a mortgage, sale of title of registered land

Question 18

What is Dealing with First Registration?

Answer 18

When transaction regarding a registered title with LRA which requires in to be registered
E.g. Sale of title to registered land, grant of mortgage over registered land

Question 19

What must be registered?

Answer 19

LRA 2002 s2 says what must be registered