unregistered land

Question 1

Law of Property Act (LPA) 1925, s205(1)(xx)

Answer 1

“Property” includes any thing in action, and any
interest in real or personal property.

Land is real property, ‘realty’

Question 2

Walsingham’s Case (1573) 2 Plowd 547:

Answer 2

Doctrine of estates

An estate in the land is a time in the land, or land for a time,

Question 3

Law of Property Act 1925, s 1(1)

Answer 3

Legal Estates: s 1(1)
The only estates in land which are capable of subsisting or of being conveyed at law are –
(a) An estate in fee simple absolute in possession (freehold);
(b) A terms of years absolute. (leasehold)

Question 4

LPA 1925 s 1(2)

Answer 4

The only interests or charges in or over land which are capable of subsisting or of being conveyed at law …

Question 5

LPA 1925 s 1(3)

Answer 5

All other estates, interests, and charges in or over land take effect as equitable interests.

Question 6

Sen v Headley [1991] Ch 425

Answer 6

Title deeds are … the essential indicia of title to unregistered land.

Question 7

Williams & Glyn’s Bank v Boland [1981] AC 487

Answer 7

The system of land registration, as it exists in England … is designed to
simplify and to cheapen conveyancing.

Question 8

Legal interests

Answer 8

LPA 1925, s 1(2) The only interests or charges in or over land which are capable of subsisting or of being conveyed or created at law are -

(a) An easement  
(b) A rentcharge
(c) A charge by way of legal mortgage
(d) … any other similar charge on land [created by statute]
(e) Rights of entry

rights in rem that are binding and subject to the statute

Question 9

LPA 1925 s205(1)(ix)

Answer 9

“Land” includes land of any tenure, and mines and minerals … buildings or parts of buildings and other corporeal hereditaments, also a manor, an advowson, and a rent or other incorporeal hereditaments, and an easement, right, privilege, or benefit in, or over, or derived from land …

Question 10

sources of land law

Answer 10

3 sources

1) common law
2) equity
3) statute

Question 11

Law of Property Act 1925, s 44(1) (as amended by Law of Property Act 1969, s 23)

Answer 11

Good root of title is 15 years

Question 12

Encumbrance

Answer 12

a liability burdening property
3 types of encumbrance on land:
1) legal interest
2) equitable interests
3) land charges

Question 13

equitable interests

Answer 13

LPA 1925, s 1(3) All other estates, interests, and charges in or over land take effect as equitable interests.

Question 14

Equity’s Darling

Answer 14

a bona fide purchaser of a legal estate for value without notice

Question 15

Midland Bank Trust Co. Ltd v Green [1981] AC 513- Bona fide

Answer 15

Equity require[s] not only absence of notice, but genuine and honest absence of notice

Question 16

‘… purchaser for value …’

Answer 16

‘Value’ includes money, money’s worth (e.g. other land, stocks or shares etc.) and other forms of consideration.

Question 17

‘… of a legal estate …’

Answer 17

Freehold or leasehold (or a legal mortgage).

Question 18

‘… without notice …’

Answer 18

Actual notice
Constructive notice
Imputed notice

Question 19

Actual notice

LPA 1925, s 199(1)

Answer 19

real knowledge of the existence of an interest.

A purchaser shall not be prejudicially affected by notice of –
(ii) any … instrument or matter or any fact or thing
unless –
(a) it is within his own knowledge …

Question 20

Constructive notice

Answer 20

LPA 1925, s 199(1):
A purchaser shall not be prejudicially affected by notice of –
(ii) Any instrument or matter or any fact or thing unless –
(a) it … would have come to his knowledge if such inquiries and inspections had been made as ought reasonably have been made by him …

not knowing something they should do

Question 21

Worthington v Morgan (1849) 16 Sim 547

Answer 21

the title deeds should be examined, it is part of the process to make a reasonable inspection

Question 22

Hunt v Luck

Answer 22

the premises should be searched for encumbrances

Question 23

Kingsnorth Finance Co Ltd v Tizard and another [1986] 1 WLR 783

Answer 23

Without Mrs Tizard’s knowledge, Mr Tizard mortgaged the property to Kingsnorth Finance (KF). The mortgagee (KF) was put on notice and should have made further enquiries.

Question 24

imputed notice

Answer 24

LPA 1925, s 199(1)
A purchaser shall not be prejudicially affected by notice of –
(ii) any … instrument or matter or any fact or thing unless –

(b)  … it has come to the knowledge of his counsel … or of 
       his solicitor or other agent … or would have come to the 
       knowledge of his solicitor or agent, as such, if such 
       inquiries and inspections had been made as ought 
       reasonably to have been made by the solicitor or other 
       agent.

If the agent fails to perform their duties adequately - the
principal may potentially sue for professional negligence.

Question 25

Land Charges

Answer 25

Scheme introduced by the Land Charges Act 1925 (LCA 1925).

LCA 1925 consolidated and replaced by the Land Charges Act 1972 (LCA 1972).

Question 26

s2 LCA 1972

Answer 26

categorises land charges from A-F, if not listed in s2 it is not a land charge (equitable interest)

Question 27

class A and class B, Class E

Answer 27

not very common, class E is obsolete

Question 28

class C

Answer 28

class C- most significant, divided into 4 classes
class c (I)- puisne mortgages- title deeds are not exchanged, they protect their interest in the land by registering it as a land charge
class c(ii)- a limited owners charge
class c (iii) general equitable charge 
class c (iv)- estate contract- contract by estate oner to convey or create a legal estate including a contract conferring an option to purchase, a right of pre-emption or any other like right. for the sale of freehold land, create a mortgage, grant a lease.

Question 29

class D

Answer 29

class D1- inland revenue charge 
class D2- restrictive covenant- form of promise from one land owner to another. 
class D3- equitable easement created after January 1926 (if before it is an equitable interest)

Question 30

class F

Answer 30

class F- charge affecting any land by virtue of Family Law Act- Home rights (gives a spouse/civil partner a statutory right to occupy matrimonial home even if they aren’t the legal title holder)- this ends on divorce or death

Question 31

Registration of Land Charge

Answer 31

application made by the person it will benefit, in the name of the estate owner whose estate is to be affected. 
application made using a K1 Form for classes A-D
application made using a K2 form for class F

enacts statutory notice-if a charge is correctly registered, there is a presumption of actual notice

Question 32

Diligent Finance Co. Ltd v Alleyne

Answer 32

Omission of a middle name on the registered charge did not bind the mortgagee. appropriate name to state on the register for land charges is how it appears on the title deeds.

Question 33

failure to register a land charge

Answer 33

it becomes void against the purchaser. depends on the class. 
Class A, B, C(I-iii) and F- void against a purchaser for value
Class c (iv) and D (I-iii)- void against a purchaser for money or money's worth

Question 34

Midland Bank Trust v Green

Answer 34

father offered son 10 year chance to purchase his farm. son failed to register the charge. break down in family relationship. father gave farm to his wife. son appealed and court said they need not consider the adequacy of the consideration

Question 35

land charges search certificate

Answer 35

k15 application for official search to search back for land charges at least 15 years ago. once search has been completed, search certificate will be sent to purchaser where they can see the land charges registered to the land. what doesn’t appear on the certificate does not bind the purchaser so if there is a charge that does not appear, the purchaser will be free of

Question 36

Ministry of Housing v Sharp

Answer 36

validly registered land charge that does not appear on the certificate is negligent by the land registrar

Question 37

LPA 1969 s25(1)

Answer 37

compensation for loss effected by charge behind good root of title, just 1 claim under this section