Unregistered Land

Question 1

Legal interests in unregistered bind who?

Answer 1

The whole world

Question 2

What one type of legal interest is the exception to the rule ‘legal interests bind the whole world’?

Answer 2

Puisne mortgages

Question 3

What are puisne mortgages?

Answer 3

A legal mortgage over a legal estate not protected by the title deeds, usually because there is a prior mortgagee that has them.

Question 4

Equitable interests in unregistered land can fall into one of three categories. What are the three categories?

Answer 4

1. equitable interests subject to registration under the Land Charges Act 1972 (predominantly commercial interests)
2. equitable interests subject to overreaching (family interests)
3. equitable interests subject to the doctrine of notice

Question 5

Under s198(1) LPA 1925 registration of an interest registrable under the LCA 1972 will constitute what?

Answer 5

Actual notice … to all persons.

Question 6

Under s1 LCA 1972 the land registry keep six registers (A-F). What type of interest is C(iv)?

Answer 6

An estate contract including an option to purchase or right of pre-emption (s2(4)(iv) LCA 1972).

Question 7

What kind of interest are C(iii) interests?

Answer 7

General equitable charges. These will usually be failed conveyances (s4(4)(iii) LCA 1972) ie no deed or failed deed.

Question 8

According to s115 LRA 2002 a right of pre-emption is enforceable from the time it is created, but this is not so in unregistered land. What is its status in unregistered land and what is the authority?

Answer 8

A pre-emption to purchase is only enforceable from the moment it becomes exercisable (per Templeman LJ in Pritchard v Briggs).

Question 9

What is a D(ii) interest?

Answer 9

Restrictive covenant (s2(5)(ii) LCA 1972). Specifically negative covenants which are not pre-1926 (still governed by doctrine of notice) nor between landlord and tenant.

Question 10

What is a class D(iii) interest?

Answer 10

Equitable easements (s2(5)(iii) LCA 1972. Generally these are easements that have not been created properly, either without or a deed or not lasting for the equivalent of a f/h or l/h. Equitable easements created pre-1926 are also dealt with by the doctrine of notice.

Question 11

What is a class F interest (s2(7) LCA 1972)?

Answer 11

This gives a spouse or civil partner the right to occupy the matrimonial home.

Question 12

Section 3(1) LCA 1972 requires the correct name to be put in the register? How may registering the incorrect name effect the validity of the registration?

Answer 12

It will make it void. The name must be the same as the one in the deed (Standard Property Investment plc v British Plastics Federation).

Question 13

What happened in Diligent Finance v Alleyne?

Answer 13

A class F land charge was registered against Erskine Alleyne. His name in the title deeds was given as Erskine Owen Alleyne and a later mortgagee took free of the charge.

Question 14

Section 25 LPA 1925 offers compensation to purchasers if what happens?

Answer 14

An encumbrance registered before the root of the title in charges register appears after completion.

Question 15

An official certificate of search gives how many days protection against charges registered after the search date?

Answer 15

15 working days

Question 16

What is the effect of not registering a C(i), C(ii), C(iii), or F land charge?

Answer 16

It is not enforceable against a purchaser for value (ss4(5) and (8) LCA 1972). Such charges would remain enforceable against a donee.

Question 17

What is the effect of not registering a C(iv), D(i) or D(ii) land charge?

Answer 17

It is not enforceable against a purchaser of a legal estate for money or money’s worth (s4(6) LCA 1972) ie a purchaser of an equitable interest or purchaser who gives other or no consideration (applied in Midland Bank v Green)