Summary
Summary - Land Registration
- Course
- Institution
Brief summarising notes on the law around land registration in England and Wales - cases and summaries, legal basis etc
[Show more]
Seller
Follow
charlie01jones
Content preview
Land RegistrationThursday, 14 October 2021 19:58
In England we have registered and unregistered land - around 85% of the land is registered. Before
1926 there was no system of land registration. Land registration has been compulsory since 1990,
but land only needs to be registered when a trigger event occurs. The trigger events are listed in s.4
of the Land Registration Act 2002.
Trigger events include:
- Sale
- Mortgage
- Grant of a long lease
Some land remains unregistered because it is owned by the Crown, the gentry, the church or local
authorities who do not sell, mortgage or grant long leases very often.
The title to the land is entered in a register kept by the land registry. The register is open so anyone
can access it online. The title rather than the land is registered as one piece of land can have more
than one title - a freehold, a 125 year lease and a 5 year sublease for example.
As well as registering the title to the land, the title is a place to register rights - some rights must be
registered as they are 'registrable dispositions' (s.27(2) LRA 2002) for example grants of a long lease,
grant of legal charge (mortgage) and an express grant of legal easement. Some rights can be
protected by notice on the register.
The purpose of land registration:
- Reduce the expense of buying land
- Removes the risk that the title is unsafe
- Reflects the interests of others over the land
- Allows the buyer to buy free of certain equitable interests
The principles of land registration:
- The mirror principle
○ The register should be a mirror of the estates and interests affecting the land
○ Some interests can still bind the purchaser even if they are not registered
▪ 'unregistered interests that override'
▪ Listed in LRA 2002 Sch 1 and Sch 3
□ Short leases
□ Interests of person(s) in actual occupation
□ Easements
- The curtain principle
○ The details of any trusts affecting the land should be kept off of the title
○ Beneficiaries of the trust may have overriding interests
○ Their interest can be overreached by the purchaser if they pay the money to two
trustees
○ If they are overreached their interest is converted from an interest in the property to an
interest in the proceeds of sale
- The insurance principle
○ An indemnity is payable by the state if loss is caused by errors in the register
Overreaching
- Occurs when the money is paid to two trustees
- Where a purchaser is buying from a sole legal owner there will only be one seller to pay the
money to
- In order to avoid buying property that is subject to an overriding interest the purchaser may
Land Law Page 1
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller charlie01jones. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.14. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
79223 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now