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Land Law > W7 Registered and Unregistered Land > Flashcards

W7 Registered and Unregistered Land Flashcards

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1
Q

What are triggering events under s4 LRA 2002?

A

Transfer of land/sale of freehold
Grant or assignment of a lease of more than 7 years
Legal mortgage

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2
Q

Why do we care about registered vs unregistered land?

A

Governs whether pre-existing rights will bind successive purchasers

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3
Q

How do you find information about unregistered land?

A

Title deeds
Land Charges Register
Physical inspection
Discussion with seller
Other searches: mining, draining, etc

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4
Q

What are the three categories of interest to consider when purchasing unregistered land?

A

1) Legal Interests
2) Interests which can be protected via Land Charge
3) Interests which are subject to the Doctrine of Notice

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5
Q

Unregistered land: do legal interests need to be protected?

A

No - they bind the world regardless of whether the buyer is aware

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6
Q

Unregistered land: what is the exception to legal interests binding the world?

A

Puisne mortgage (where title deeds are deposited with lender)

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7
Q

Unregistered land: how do you protect equitable interests?

A

Register them as Land Charges

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8
Q

Unregistered land: what is the result of registering equitable interests as land charges?

A

Interest constitutes actual notice and will automatically bind

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9
Q

Unregistered land: what is the result of failing to register equitable interests as land charges?

A

C(i) puisne mortgage or C(iii) equitable mortgage: void against a purchaser of any interest in the land for value
C(iv) estate contract, D(ii) restrictive covenant, or D(iii) equitable easement: void against a purchaser of a legal estate for money or money’s worth

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10
Q

Midland Bank v Green 1981

A

Facts: Sale option on a farm wasn’t registered. Farmer sold the farm to his wife, after which the person with the option registered the option and tried to exercise. Was unsuccessful - wife’s interest was overriding.

Significance: Failure to register a registrable charge = failure to protect.

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11
Q

Unregistered land: what cannot be protected via land charge?

A

Restrictive covenants created pre-1926
Equitable easements created pre-1926
Proprietary estoppel
Beneficial interests under a trust (not overreached)

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12
Q

What is the Doctrine of Notice?

A

Only applies to unregistered land.
Only applies to non-commercial interests which have not been overreached
A bona fide purchaser of a legal estate for value will take free of prior unregistered equitable interest provided she has no notice (actual, constructive, or implied).

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13
Q

Unregistered land: what is the effect of rights which are incapable of protection via land charge?

A

Will not bind Equity’s Darling (bona fide purchaser for value of a legal estate) without notice

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14
Q

Unregistered land: how do you service notice on Equity’s Darling?

A

Actual Notice
Constructive Notice
Imputed notice

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15
Q

What is actual notice (unregistered land)?

A

Actual knowledge or notice of a registrable but unregistered interest
Includes registered Land Charges

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16
Q

What is constructive notice (unregistered land)?

A

Knowledge that would have come to light through the searches a reasonable and prudent purchaser would do (e.g. physical inspection, title inspection, etc)

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17
Q

What is imputed notice (unregistered land)?

A

Where a purchaser engages an agent for the sale, any actual or constructive notice of the agent is imputed to the purchaser.

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18
Q

Hunt v Luck 1902

A

Facts: Properties with tenants sold. Challenge on validity of sale, arguing purchaser had constructive notice of the tenants as would have been obvious from an inspection of the land.

Significance: A reasonable and prudent purchaser would inspect title deeds and land itself

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19
Q

Kingsnorth Finance v Tizard 1986

A

Facts: Husband owned the house but wife had an equitable interest. Couple split up, with wife moving out but she would visit to take care of the children every day. Husband applied for a mortgage, describing himself as single. Lender inspected the house, saw evidence of children but no wife. Husband absconded to America and bank sought possession of house. Wife tried to argue the bank had constructive notice of her interest in the property. Wife won.

Significance: Constructive notice - reasonable inspection. Bank should have made more inquiries/not allowed Husband to set time/date of inspection.

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20
Q

What are the three categories of interest to consider when purchasing registered land?

A

1) Proprietary rights which must be registered to be legal
2) Proprietary rights which can be entered as a notice on Charges Registered
3) Overriding interests which bind regardless of registration

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21
Q

What happens if you fail to enter a notice on Charges Register (registered land)?

A

It will not bind a purchaser for valuable consideration

22
Q

If a notice fails to be registered, but you are not a purchaser for valuable consideration, will you be bound?

A

Yes

23
Q

What types of rights in registered land are typically noticed on Charges Register?

A

Restrictive freehold covenants, equitable leases/mortgages/easements, legal leases 3-7 years

24
Q

What cannot be protected through notice on Charges register (registered land)?

A

Beneficial Interests under a trust
Short lease

25
Q

What is an overriding interest?

A

An interest belonging at the time of the disposition to a person in actual occupation, so far as relating to land of which he is in actual disposition
i.e. An interest of someone physically occupying the land

26
Q

What are the exceptions to an overriding interest?

A

Person with the interest denies they have it OR
Where the occupation was not obvious on a reasonable inspection and the interest was not within actual knowledge of purchaser

27
Q

Re: overriding interests, what is the “time of disposition”?

A

Completion of the deed of transfer

28
Q

Abbey National v Cann

A

Facts: Son bought a house with a mortgage, saying he would be sole occupier. Mom and stepdad also moved in, with mom contributing to the purchase price. Son defaulted on mortgage payments, Mom tried to argue she had an equitable interest in the property via actual occupation. Failed because she was on holiday on the date of completion, so was not in actual occupation.

Significance: Important to occupy on right date. Don’t go on holiday to avoid moving-in day!

29
Q

Thompson v Foy

A

Facts: Mother let daughter and daughter’s family live with her in an annex, daughter ended up with equitable interest in annex. Mother lends money to daughter to help her move to Spain, plus mortgaging daughter’s interest in house. Daughter then doesn’t move to Spain and complications arise. Question was whether daughter was in actual occupation while she was looking for houses in Spain.

Significance: Contributed to the test for actual occupation - doesn’t matter if an inspection actually happened, just what would have been obvious if it had?

30
Q

Scott v Southern Pacific Mortgages

A

Facts: Woman agrees to sell her house on a lease-back scheme, on a promise from buyer she would be able to live there forever. Buyer took out a mortgage, later defaulted. Woman tried to assert a proprietary right, but court ruled that the mortgagee’s right took priority since the promise had been made before conveyance.

Significance: Overriding interest must be a proprietary (not personal) interest.

31
Q

Will an agent occupying the land on behalf of principal compromise actual occupation?

A

No

32
Q

Will periodic absence compromise actual occupation?

A

No

33
Q

Link Lending v Bustard

A

Facts: Mentally ill woman transferred her property to a fraudster. Fraudster mortgaged and defaulted while the woman was in psychiatric care, returning home once a week and paying bills. Was found to be in actual occupation, and so had an overriding interest.

Significance: Actual occupation test when someone has a periodic absence: degree of permanence, continuity of permanence, intentions and wishes of person, length of absence, reason for absence, nature of property, personal circumstances of the person

34
Q

Are objects kept on land occupation?

A

Not in themselves but may help with a claim

35
Q

Chhokar v Chhokar

A

Facts: Married couple, pregnant wife. Husband abandons wife on holiday in India, secretly sells house. Purchaser tries to prevent wife from living there through vandalism and assault, but wife remained there with children. Court found in favour of wife, her and purchaser were tenants in common with equal shares.

Significance: Actual occupation test

36
Q

Malory v Cheshire Homes

A

Facts: Fraudster altered the registration of land and sold it, new owner partially demolished a structure. Question was whether someone who had been living on the land had an overriding interest.

Significance: There was an overriding interest as he had maintained fences, boarded up windows, used the land for storage, etc which amounted to actual occupation.

37
Q

Stockholm Finance v Garden Holdings

A

Facts: Saudi princess living abroad with mother for 14 months was not in actual occupation of London flat, despite housing belongings there.

Significance: Actual occupation - storage not enough

38
Q

Is using the land occupation (re: overriding interest)?

A

No

39
Q

Chaudhary v Yavuz

A

Facts: Contract for sale mentioned “encumbrances on property” but were not specific. Question was whether an unprotected easement was binding on new owner.

Significance: Use of a right of way is not occupation.

40
Q

Are legal leases of under 7 years overriding interests?

A

Yes

41
Q

Conditions for an implied legal easement and prescriptive easements to be overriding interests

A

1) Obvious upon reasonable inspection
2) Within actual knowledge of purchaser
3) Used at least once in previous year

42
Q

What is a beneficial interest under a trust?

A

Trust of land - whomever has the beneficial/equitable title

43
Q

How do you guarantee you are not bound by a BIUT?

A

Overreaching

44
Q

Does overreaching apply to registered or unregistered land?

A

Both

45
Q

What is overreaching?

A

If the purchase money is paid to 2 or more joint owners (trustees), then the purchaser ‘takes free’ of all beneficial interests
i.e. the beneficial interest moves from the property to the money

46
Q

City of London v Flegg

A

Facts: Couple bought a house with financial help from wife’s parents. Couple mortgaged the property, without in-laws knowing. Defaulted on mortgage, bank sought order for possession, but in-laws were living at the property. Tried to argue beneficial interest. Court said the issuing of mortgage money to two trustees overreached the in-law’s beneficial interest.

Significance: Overreaching - beneficiary’s interest moves to the sale proceeds.

47
Q

When does overreaching not necessarily work?

A

When title is transferred by a sole legal owner - may still bind a purchaser

48
Q

When does overreaching not work for registered land?

A

1) Title is transferred by sole legal owner AND
2) Person with beneficial interest is in actual occupation on date of disposition

49
Q

Unregistered land: a BIUT which has not been overreached will be subject to ________________

A

Doctrine of Notice

50
Q

Unregistered land: will Equity’s Darling be bound by a BIUT that has not been overreached?

A

No

51
Q

Williams & Glyn’s Bank v Boland

A

Facts: Wives with equitable interest in their matrimonial homes where husbands were legal owners. Wives had contributed to purchase price, so had unregistered interests. Husbands mortgaged and defaulted, bank looked for possession orders. Court held that the wives had overriding interest.

Significance: A spouse’s beneficial interest under a trust is an overriding interest.

Land Law (9 decks)

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