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Summary - Land Registration
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Brief summarising notes on the law around land registration in England and Wales - cases and summaries, legal basis etc
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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
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