Topic 8: Land Registration EXAM Flashcards
What is the point of registering land?
- More information on interests 2. Publicity 3. Reliability for involved parties 4. Recourses if something goes wrong
What are the three principles in land registration?
Mirror, curtain, and insurance principle
What does each principle of land registration do?
Mirror = Reflects interests in land, Curtain = Protection of the mirror (May also include some things not on mirror), Insurance = Compensation for when the mirror is wrong
What are the necessary things for land to be registered for the first time?
- Must know interests to be put on mirror 2. Must be qualifying estate (freehold or lease above 7 years) 3. A triggering event (sale, gift, legal mortgage, etc.)
What happens if land is not registered when it must be?
The legal right will be invalidated after 2 months of not registering
What is a ‘registrable disposition’?
A legal right that must be registered (e.g. sale, gift, legal easement, grant, etc.) (Will NOT operate at law UNTIL registration)
Is there a time limit for ‘registrable disposition’?
NO; however, it will not operate at law until it is registered
What prior interests will a ‘registrable disposition’ not postpone (i.e. destroy)?
- Registered interests 2. Minor interests 3. Overriding interests
What are minor interests?
Equitable interests
How are minor interests protected?
Through registration by giving “notice” (not doctrine of notice), non registration will postpone the interest
What is an overriding interest (Interests that override)?
Where protection against purchasers is needed, but it isn’t reasonable to expect registration for the interest
What is the ‘interest of a person in actual occupation’?
It is an overriding interest, dependent on the person not the interest (Controversial)
How is “in actual occupation” defined?
It is given its ordinary english meaning
For what reasons may “in actual occupation” be given an alternative meaning?
- Timing 2. Absence
What are the defences to overriding interests?
- Consent 2. Waiver 3. Unobvious actual occupation on careful inspection 4. Inquiry of person in actual occupation was not disclosed 5. Deflecting
