This document contains the law to answer questions relating to unregistered and registered land. This includes overriding interests, equitable interests and the formalities when registering land.
UNREGISTERED LAND
Equitable Interests – 3 Categories Legal interests in Unreg Land:
Note: competing ‘equitable interests’ will be
subject to the ‘first in time, first in right’ rule.
“Binds the World”
No need for protection
3. Equitable Interests neither
Registrable or overreachable
1. Equitable Interests 2. Equitable Interests that
(Doctrine of Notice)
Registrable as Land Chargers are Overreachable 3. Interests which Overrides
When to register?
REGISTERED (First
LAND: Reg)
Categories of Rights
s.4 LRAis2002: Triggering Registered
events
SUMMARY
for Dispositions
Note: If property transferred not on basis
Registrable of sale (gift or inheritance)
Jamescompulsory
LJ: is
Equitable Applies
property
registrationrights and Land
to interests Charges
created after the LRA
Covers everything
s.27 LPAexcept the purchaser not for value & is bound to all pre-existing interests
1925:for beneficial
If purchase interests are goodofagainst
Transfer 1. world,
Equitable
Binds
the
unregistered Title
the deed
Interests
purchaser
less
legal must
Subject
a regardlessbetogood
DON
interests price
and pre 1926 cov/ease/profit Sch
1) gift, 3Equitable
LRA- at 2002: Fee
of property is paid to a 1. Bonafreehold
Fide (good forfaith)
sale, assent or Simple
least 15 years under a Bare Trust
Once Registered: it constitutes
min. of two Trustees, Actual
the to prove that his 1. para
absence (Where
of 1
notice - Legal
trustees
is leases under 7on
hold a property years
Bare
court order 2.2. Land Charges Register must be
notice and is Binding upon allland
– s.198 genuine and honest 2. para TrustRegistrable
3for- 1 beneficiary
Easements
1.minor
Disposition
Minor
who
and isInterests
of
Profits
required full age)
to be
purchaser will take free of First Legal Mortgage of
(note: checked
freehold interest may be overriding)
LPA 1925 2) a Equitable
Created BeforeMortgage 13 Oct 2003- where Mortgagee LRAtakes
those rights regardless of notice
If not registered: VOID even if purchaser
2. Purchaser for value of
Leases of morethan NOTICE
the7 years
-
Title –completed
properly
s.32(1)
Deed LRA bys.70(1)(a)
registered
2002 Registration
: anagainst
entry
1925
not through inheritance or gift Legal profit and easement – overriding
of beneficiaries’ right (remaining and new Registration:
grants)
reflecting the burden s.29(1)
ofDeed Interestaffecting
an interest will be
knew of interest - s.4 LCA 1972 even nominal price of $1 Equitable name
satisfy in
profit Title
– overriding
William v Glyn’s Bank v Boland Grant of Lease which a protected
Registered
only takes &
Estate/Charge
Types of binding
overreachableon purchasers
but marriage is not ‘value’ Overreachable
3) Equitable
Restrictive
Failure
easement
Covenants Interests
– not: overriding
– paid to only 1 Trustee Registration –orto register:
protected its.27(1)
under Does not if
s.29(1)
How to register? 3. Legaleffect (possession)
estate/interests 3 months
(But
1)
1. case
created
Purchase
operate
equitable
law shows
before
at law
1926,
price interest
that
until
and
paid mayto
it is
still
2 succeed
registered
City of London
s.3(1) LCA 1972: Building
Registering Society v
of L.C more after the Grant Failure
it2)is‘first to
‘openly
those Register
exercised’
Rights of
contained
time, - s.29(1)
aThatcher purchaser
lease v Douglas)
inbeneficiaries undertakes
If interest is equitable, the Trusteesin
Flegg – 2 Trustees Purchaser’s free
Created ofFromthe unprotected
13 Oct 2003: interest
must be made against the “name” of first in right’ ruleresponsibility
applies2. s. Notice
toTrust of Land
of interest is irrelevant
landownerNote:
as itBeneficiaries’ rights
appears in Title Deedwill register – s.6(1) New
LRATypes Express
2002 of27(2):
Interests
grants
(any ofthat
trust ofqualify
Easements property &as Notice
Profits
that are
4. Without Notice of the4) E. Interest
Equitable Easement/Profit
a)& Transfer ofofRegistered created b4 1926
Freehold
be transferred
Midland Bank v Green: Wronglyto purchase Actual:Sanction
purchaser forknew Interests
overriding
non-registration:
of interest
Freehold must subject
restrictive
be
consist to
registered Doctrine
covenants
Land) - s.27(2)(d)of LRA
tob) Grant =of Lease > 7 years under
price,
registered which
L.C will mustagainst
be VOID be invested After 2 months,Failure Notice
title
5) Right
Option
of register
legal toRights
estate Equitable
purchase of beneficiaries
(and Implied - under Lease
Easements:
Estate a Constructive
Contract thatWill take
be legal Trust
effect in possession
and overriding
purchasers (&now equitableeven
mortgagees), interests
if in will be purchaser
revertedif back to1. Bona
transferor TrustFide for Sale purchaser?
Constructive: of(overreachable)
1would the have >3Strict
3 conditions
Proprietary mths after
are
Estoppel Grant
fulfilled:
Settlements Sch 3 para 3
purchasertrust
knewfund)
of the right. whointerests
discovered holds it had on6)aPurchaser
they Home-2. has
BareInspected
Trust
Proprietary
For
&‘actualvalue?
Estoppel
Discontinuou
Rights the forknowledge’
s Lease of partner
spouses/civil
(1) Land purchaser
(reasonable only acquires
7) Right3.
easement/profit
inspection) Equitable
d)of Legal
& Entry
Legal for
on Estate/Interest?
breach
date of a condition
of&transfer
easement/profit
Equitable easement profits
title (& beneficial
(2) Title deeds (Good root interest
Existence 4.
f) offromWithout
Right the would notice
of been ofapparent
interest?on a
Equitable interests registrable as a of Equitable
title - Legal
15 yrs) Mortgage
Mortgages charge
Land Charge Trust)–
Hunt v Luck: must s.7(2)(a)
ask any‘reasonably
person
Equitable heLeases:careful
finds
Legal Rentinspection’
charge of the land
Class C (iv) – Estate Contracts what interest he claimsinEasement/Profit
the Due land. toLegal LackRight
has been exercised at least
of Entry
of Formalities
once in the year prior to Land transfer
- Contracts to convey or create legal Due to Failure to Substantively Register
estate, Equitable Leases, Options, Pre-
1. Registrable Estates Created
on Firstout of an Equitable Estate
Imputed: If an agent has Actual or
emption rights Constructive notice Registration
of the3. Disputes
para 2From
interests, - the
Persons
towards Unreg into
validity Actual Occupation
of Notice
Registered Title
s.3(1)
purchaser is LRA
ascribed2002:with Certain
Proprietary
1.it Notice estates
Interest
does & +
not AO
Note: Always consider creation = Overriding
guarantee thatInterest
interest
&
Class D (ii) – Restrictive Covenants interests
Kingsnorth Financerequire Conditions:
substantive
v Tizard: exist,
What butagent
the would bind considering
purchaser if valid
protection before Regis.
AO
Create after 1925 must be registered foundregistration
when he inspected theisproperty
withseparate
2. not titles
‘obvious
Registered had on a reasonably
proprietor careful
may challenge
Registration: s.29(1) inspection’
Interest & purchaser does not have Actual
(before: D.O.N) put the lenders on notice – inspection Notice and wasclaim damages for any loss
Knowledge 2. Unregistered Interests which
protected
inadequate & binding
as it was onsuffered
at a pre-arranged purchasers due
time,to inaccuracy of Register
Purchaser should made enquiry, & person in AO
Class D (iii) – Equitable Easement & Compulsory
plus the presence ofRegistration: RESTRICTION
kids ‘must
would have override
put - s.40
the First2002:
LRA Disposition
disclose interest’ where he is reasonably
Profits - created after 1925 must be lendersEstates in land:
on enquiry A mechanism
of a potential
expected Sch 1 LRA:
interest
to do toof
so Interests
restrict that do not
registered
registered (before: D.O.N) the wife.
(1) Freehold & s.70(1)(g) proprietor’s appear freedom
on Register
LRA 1925: “some degree to deal butwithof the land
binds
Held: Failed to take
(2) Certain types ofRegistration
reasonable Leases
permanence steps &to
purchaser – avoid
s.40(2)
continuity Prohibits
regardless
that would of the making
knowledge
rule out
Class F – Home Rights being -fixed with constructive
Assignment of lease
mereof an > 7entry
notice.
yrs
fleeting Legalindefinitely
presence,leases or for
not
taking a account
specific 7
exceeding
into time.
of
- Spouses’ right of occupation (in Bristol(landlord’s
and West Building
reversion Failure
Society
personal to
v register
Henning
years
of acircumstances
lease) – s.29(1) purchaser
& other relevant factors” takes
addition to any trust) Although the Bank
- Grant of new was free
aware
Thompson
lease > 7of of
yrs interest
the
vSch wife’s
Foy: 12 not
‘AO’para properly
terminates
12: existing protected
whenleases
actual
position, she had fully Interests
consented
occupier
Note: What is registered is within has to protected
the
no loan
intention byto Restriction
return
not the7-21 years also overrides -
& therefore DON
land, but anis“estate
being Chhokar Equitable
discharged.
in the v Chhokar:
*Grants
land”, Interest
and Wife’s
after LRA arising
belongings02 under toabe
arestill inStrict
house (when Settlement she was (may in hospital
not be to give birth)
upgraded to O.I)
one land is capable of having registered
moreof residence. w separate title no.
and were evidenceInterests
Equitable under a Trust for
Interests of person in Actual
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