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Summary Registered Land - Land Law (LLB)
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Registered land Summarised Notes for the Land Law module, LLB, at City, University of London (achieved a 1st class using these)
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REGISTERED LANDRegistration
HM Land Registry record title with quality, description, identity of owner, other rights + interests
Does not create right, protects them, need to exist before to be registered
One land can have more than one type of title e.g. fee simple with a long lease
Legal freehold= fee simple absolute in possession, legal leasehold= +7 years these registrable
‘Registration of title’ has replaced ‘title deeds’ for proof of ownership
HM land registry 85% titles registered LRA new owner not registered ‘first registration title’
First registration
Triggers for compulsory first registration of unregistered titles are (s.4 LRA 2002 provides triggers)
o Transfer of unregistered freehold estate for valuable consideration by deed, gift, court order
o Transfer of lease with more than 7 years
o Grant of legal lease for more than 7 years
o First legal mortgage of a freehold estate
s.3 LRA 2002 allows voluntary registration incentives reduced fees makes land easier to sell
Purpose and nature of system of registered land (LRA)
Reduce expense + effort of purchasing– less lengthy proceduresmore saleable + alienable
Reduce risk from a person title is unsafe or unclear use title to investigate on Land Registry
Purchaser knows rights + interests of others price paid reflects economic and social value
Allows purchaser to buy land free of certain types of interest, from money paid (overreaching)
Protect third-party rights so survive a sale of that land – old unregistered land ‘doctrine of notice’
plays no part in system of registered land LRA 2002 has three-fold categorisation of third-party
proprietary rights: those overreached, those ‘unregistered interests which override’ and those
interests that must be protected by registration
Introduce e-conveyancing transfer, mortgage + create third-party rights no more paper
2 legal estates: leasehold + fee simple can be registered, lease less than 7years no register
Three principles of registered land
MIRROR PRINCIPLE
Reflects all rights + interests any limitation of ownership and any rights enjoyed by other
persons purchaser knows what he is buying and persons with an interest knows it is protected
E&W not follow mirror principle fully category of rights not registered bind purchaser=
‘overriding’ (Schedule 1 + 3 of LRA 2002) purchaser needs to inspect register and land itself
Now general duty to disclose unregistered rights that override registrar
So register of title is not a true reflection of all third party interests inspect register + land
CURTAIN PRINCIPLE
Details of trust affecting the land are not entered onto the register regarded as private family
matters and purchaser is not concerned with such trusts so are kept off the register (’behind
the curtain’), provided purchaser complies with formalities, the equitable interests under trust of
land are always overreached and will not affect purchaser
Entry of ‘restriction’ on register alerts purchaser existence of trust, so need to comply with
formalities to ensure equitable interests are overreached
INSURANCE PRINCIPLE
Accuracy of register is guaranteed by the State, if inaccurate, will be rectified/altered + be
compensated (s.103 LRA 2002) indemnity confidence + encourages to register
Overview of Registered land system under LRA 2002
1
, Fee simple absolute in possession (freehold) or legal leasehold over 7 years
Register extract: unique title number, address, price stated, registered owners, lenders
PROPERTY REGISTER: describes land e.g. freehold as outlined on plan, transfer date
PROPRIETORSHIP REGISTER: name of proprietor and grade of their title
CHARGES REGISTER: third-party rights (not unregistered interests which override) e.g. mortgage
Rejection of DOCTRINE OF NOTICE (LRA abandons doctrine of notice)
Distinction between legal or equitable disregarded
Doctrine of notice: when a person takes an estate with notice that someone else had a claim on it
at the time of transfer, claim may still be asserted against new owner even if disregarded at law
REGISTRABLE ESTATES UNDER LRA 2002
2 types of estates: LEGAL FREEHOLDS and LEGAL LEASEHOLDS (MORE THAN 7YEARS)
‘Registered disposition’ transfers title failure to register= equitable title
Registered charges
Mortgage release capital value executed ‘charge by deed’ entered on register
‘Charge certificate’ under LRA 1925 for evidence of mortgage, has been abolished
OVERRIDING INTERESTS (Unregistered interests which override – LRA terminology)
Rights priority over registered title exercise right irrespective of who is registered
Overriding interests against first registered proprietor or registered on transfer of registered title
Interests OVERRIDE AT FIRST REGISTRATION IN SCH.1, INTERESTS OVERRIDE TRANSFER SCH.3
Sch.1 wider, LRA 2002 reduces overriding interests encourages disclose any known overriding
Sch.3 need to have proprietary right and be in actual occupation
Overriding interests bind purchaser without a register entry – distorts ‘mirror’ principle
Overriding interests not on register inspect property prior to sell part of conveyancing
Interests protected by registration
‘minor interests’ under LRA 1925 category of another person’s right had to be registered to be
binding, under LRA 2002 no category of ‘minor interests’ avoid term
2002 LRA same logic, third party interests on register binding unless Sch.1 or 3 (overriding)
S.71 LRA: general duty to disclose overriding interestsprotected
Under LRA 2002 protect interests by entry of Notice, can be ‘unilateral’ or ‘agreed’ and proprietor
may be controlled with ability to deal with land by Restriction so Notice + Restriction
4 types of proprietary rights: estates, registered charges, interests which override, and interests
protected by registration allows purchaser + third parties to know how to protect rights
Grades of title
ABSOLUTE TITLE (about 99% of titles are absolute)
Highest grade of title, full rights of proprietor, freeholds and less common leaseholds, title is
sound, appears nobody else could possible claim the land
But a fee simple with an absolute title is subject to s.11 LRA 2002: overriding interests, minor
interests protected by entry on register, if registered proprietor is a trustee, equitable interests
under trust which trustee has notice
GOOD LEASEHOLD TITLE
Long leaseholds usually on good leasehold, same quality of title as absolute subject to any interests
affecting landlord’s freehold strong title, apply upgrade to absolute under s.62 LRA
POSSESSORY TITLE
2
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