These are notes on registered land created in 2019. They follow a structured format which condenses the relevant case law, statutory provisions and academic opinion that are relevant to the topic to aid with exam revision.
Goals of land registration scheme: S3 and S27 LRA 2002 -Registrable estates= legal estates.
Equitable estates cannot be registered Only leaseholds
Reduce expense/effort and increase reliability for over 7 years.
purchasers of buying land; facilitate overreaching for S.27 LRA 2002- Transfer from one party to another is
benefit of purchasers; protect certain third-party rights; complete when new owner’s title is registered
introduce e-conveyancing (not yet in effect) S.27 (2) LRA 2002 Dispositions required to be registered-
Background to registered land and further developments: If a disposition of a registered estate is required to be
completed by registration, it does not operate at law
Attempts in 19th century to introduce voluntary land until the relevant registration requirements are met
registration in England S.58 LRA 2002- Registration is conclusive of title, if you
Land Transfer Act 1987 introduced compulsory are the registered proprietor you are the owner
registration in London
Land Registration Act 1925 – registration to be extended
across England and Wales When should title be registered:
Land Registration for the Twenty-First Century – Law S3 LRA 2002- Voluntary registration, landowner can
Commission/Land Registry Report No. 254 (1988) – apply for registration of title at any time
criticised existing system and contained proposals for More often, title form unregistered land becomes
reform registered when it is compulsory
Compulsory first registration of title – 1st December S4 LRA 2002- lists the events that trigger compulsory
1990 registration:
Land Registration for the Twenty-First Century: a Freehold land and legal leases over 7 years must now be
Conveyancing Revolution (2001, No. 271) – draft Bill; registered on:
aimed to improve accuracy of land register and Creation (in the case of a lease
accelerate process of registration throughout England Transfer (whether or not for value)
and Wales. Culminated in: Grant of a first legal mortgage
Land Registration Act 2002; in force on 13 October 2003 Partition (where the land is divided up)
Features of registration title: Appointment of new trustees to a land holding
The system of registration of title introduced by the LRA Statutory magic:
1925 reflected three principles S.11 LRA 2002: Freehold estate
The mirror principle- the register is an accurate and (3) Where title to the registered in the name of the new
conclusive reflection of all relevant interests affecting owner, it is registered with all interests subsisting for the
the land in question benefit of this estate
The insurance principle- guarantees the accuracy of the (4) The estate is vested into the proprietor subject only
register and if the register is found to be inaccurate, to the following interests affecting tat the time of the
persons affected by rectification may be entitled to be registration
indemnified (compensation) (schedule 8) Interests which are the subject of an entry in the register
The curtain principle- protects the purchaser of land in relation to the estate
from interests concealed behind the entries on the Unregistered interests which fall within
register, in particular trusts affecting the land The minute title is registered under the new owner, that
freehold estate is vested in them along with all the
The land registry: benefits
Consists of three registers: Nemo dat quod non habet- no one gives what he does
not have. You can’t give ownership to someone else if
The property register- This describes the property and
includes all legal rights enjoyed by the property over you don’t have. But under s.11 this does not apply as
you can sell title to land even if you don’t own it.
neighbouring land such as easements
The charges register- This section shows details of any Illustrated by two cases:
Re 139 High Street, Deptford– the ‘statutory magic’
incumbrances (burdens) registered against the estate
e.g. easements, restrictive covenants operated to vest the legal estate of the land in the
registered proprietor even though the seller did not own
The proprietorship register- This shows the name and
address of the registered proprietor of the relevant title, the land he had conveyed
Bruton v Quadrant Housing Trust– Bruton was held to
the date of registration and the nature of the title, e.g.
good leasehold, absolute. It also shows any restriction have a tenancy in a flat, even though the housing trust
only had a licence in the building
on ownership including rights inequity behind a trust
Classification of interests in registered land: Failure to register:
First registration – the first time that the unregistered
Four categories of interests: estate has been registered
Registrable interests S.6 LRA 2002- application to register title must be made
Registered charges within 2 months of relevant transaction. Failure to do so
Minor interests (now called burdens on the register) means purchase becomes void regarding creation or
Overriding interests transfer of legal estate
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