Unit 3:5 Land Reg and Legal Terms

Question 1

First Registration of Title:

Answer 1

• process of registering property with land registry for the first time
• converts unregistered property to registered, providing legal proof of ownership
• creates permanent record of boundaries, rights, and charges

Question 2

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Land Registration Act 2002

Answer 2

Solicitors will check all 3

• The Property Register: Official record detailing property description, boundaries, and rights benefiting the property
• The Proprietorship Register: Shows who owns the land/property, how they own it (joint tenants or tenants in common), and any restrictions on their power to sell
• The Charges Register: Records mortgages, loans, and other financial obligations secured against the property, plus any rights that burden the propertyy

Question 3

Classes of Title

Answer 3

• Absolute: Most secure and sought-after title, could be freehold or leasehold for at least 21 years, with good evidence of title
• Good Leasehold: leasehold owner for at least 7 years, don’t know who freehold owner is so land registry cant grant you freehold
• Possessory: Records mortgages, loans, and other financial obligations secured against the property, plus any rights that burden the propertyy

Question 4

Adverse Possession (Squatters Rights)

Answer 4

• If someone can live in a place for 12 years without objections from legal owner they can get possessory title
• if they can do it for 12 more years with no counterclaims land registry upgrades to absolute title

Question 5

Qualified Title

Answer 5

• Title with known defects that must be registered within 30 days of completion; sits between absolute and possessory in security hierarchy

Question 6

Easement

Answer 6

• the right one property has over another property
• common examples: rights of way, drainage, utility access
• permanently attached to land (not the owner)
• kept on PROPERTY register

Question 7

Extinguishing Easements

Answer 7

• easement can end through express release (in writing)
• when dominant and servient land come under same ownership
• abandonment (non-use + clear intention to abandon)
• by statute (compulsory purchase) / by court order
• when fixed time period expires (if applicable)

Question 8

Covenants

Answer 8

• legally binding promises in property deeds
• can be positive (obligation to do something) or restrictive (not to do something)
• restrictive covenants “run with the land” - bind future owners
• positive covenants typically only bind original parties
• common examples: no building extensions, maintaining boundaries
• can affect property value and development potential
• enforceable by whoever has the benefit of the covenant

Question 9

Chancel Repair Liability

Answer 9

• ancient obligation requiring certain landowners to pay for church repairs
• must be registered against property to bind new owners after october 2013
• often covered by specific insurance during property purchases

Question 10

Title Guarantees

Answer 10

• Full title guarantee: seller promises they have right to sell and there are no undisclosed defects or encumbrances affecting the property.
• Limited title guarantee: seller only promises there are no title defects created during their ownership, not for any problems that existed before.

Question 11

Matrimonial Interests

Answer 11

• rights that spouses/civil partners have in each other’s property
• can exist even if not named on title deeds
• rights to occupy matrimonial home
• rights to prevent sale/mortgage without consent
• can be registered to protect against third parties
• becomes critical during separation/divorce

Question 12

Consent to Mortgage Form

Answer 12

• document signed by non-owner spouse/partner giving permission for property to be mortgaged, protecting lender from potential matrimonial home rights claims

Question 13

Indemnity Insurance

Answer 13

• policy protecting against specific property legal risks/defects
• one-time premium for ongoing coverage
• common for planning permission issues, missing documents, chancel repair
• doesn’t fix the underlying problem but covers financial loss
• typically arranged by seller but paid for by buyer
• cheaper alternative to solving actual legal defects

Question 14

Lenders Empowerment

Answer 14

1. Levy the charges (e.g., imposing proper fees)
2. Call in Debt (e.g., collect full mortgage)
3. Insure the property (e.g., force insurance if borrower fails to)
4. Meet statutory conditions (e.g., comply with mortgage regulations)
5. Let the property (e.g., rent it out after possession)
6. Transfer the mortgage (e.g., sell the debt to another lender)
7. Make advances (e.g., release additional funds in stages)

Question 15

Borrowers Commitments

Answer 15

1. Make payments (e.g., monthly mortgage payments on time)
2. Ensure the property (e.g., maintain adequate buildings insurance)
3. Comply with legislation (e.g., follow planning and building regulations)
4. Seek consent before letting (e.g., get lender’s permission before renting out)
5. Repair and access (e.g., maintain property and allow lender inspections)
6. Title conditions (e.g., comply with covenants affecting the property)
7. Leasehold agreements (e.g., pay ground rent and service charges if leasehold)

Question 16

Transfer of Ownership

Answer 16

• must be completed within 30 days following completion