Summary
Summary - Unregistered Land
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Brief and summarising notes on the legal basis of unregistered land in England and Wales - case law and notes
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Unregistered LandFriday, 15 October 2021 20:55
Land to which the title has not yet been registered at the land registry
- No central record of ownership
- Title to such land has to be proven by documentary evidence known as title deeds
We can divide interests in unregistered land into 4 categories:
- Legal rights
○ Bind the whole world
○ Listed in the LPA 1925 s.1
- Equitable rights that are registrable under the Land Charges Act 1972
○ Equitable easements
○ Restrictive covenants
○ Equitable mortgages
○ Equitable leases
○ Estate contracts
○ Must be registered on the Land Charges Register against the name of the estate owner
whose estate is affected
○ If they are not registered they will be void against a purchaser
- Equitable rights that are not registrable under the LCA 1972 because they are subject to
overreaching
○ Same as those that are overreaching for registered land
○ They are equitable co-ownership interests existing behind a trust of land
- Equitable rights that are neither overreachable nor registrable under the LCA 1972
○ Doctrine of notice applies - this is the only time the doctrine applies after 31 December
1925
○ The number of equitable interests in this category is small
Land Law Page 1
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