The Unregistered System of Land

Question 1

What statutory authority tells you whether a right is registrable on the Land Charges Register, Plymouth?

Answer 1

s.2 Land Charges Act 1972 lists registrable land charges

Question 2

Class C land charges?

Answer 2

s.2(4) LCA 1972:

Puisne mortgage: C(i)
Estate contract: C(iv)

Question 3

Class D land charges?

Answer 3

s.2(5) LCA 1972:

Restrictive covenant: D(ii); unless:
- contained in a lease
- created before 1926 (s.2(5)(ii))
Equitable easement: D(iii)

Question 4

Class F land charges?

Answer 4

s.2(7) LCA 1972:

A charge affecting any land by virtue of [Part IV of the Family Law Act 1996]

Question 5

How must a registrable right be registered?

Answer 5

Against owner’s name (s.3 LCA);

By date of completion of sale (s.4 LCA)

Question 6

What if registrable right is:

a) registered
b) not registered

Answer 6

a) If registered: binds the buyer
b) If NOT registered: buyer takes free of interests (unless gift - take subject to all 3rd party rights, registered or not) (s.4 LCA 1972)

Question 7

If right is NOT registrable?

Answer 7

Depends if legal or equitable

Question 8

If right is not registrable and is legal?

Answer 8

Binds the world

Question 9

If right is not registrable and is equitable?

Answer 9

If equitable, depends if trust or non-trust interest:

i. If a trust interest – binds buyer unless:
1. He has overreached – see below (ss2 and 27 LPA), or,
2. He is Equity’s Darling
ii. If a non-trust interest – binds buyer unless
1. He is Equity’s Darling (see below)

Question 10

When purchasing an unregistered land, how far back must the title deeds go which the buyer must obtain to prove correct ownership?

Answer 10

s.44 LPA 1925: 15 years