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Land Law Tutorial Practice Question - Registered Land
- Module
- Land Law (LAW4006)
- Institution
- Queen Mary, University Of London (QMUL)
Land Law Tutorial Practice Question - Registered Land
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3. Percy has recently become registered as proprietor of an absolute fee simple title to BlackacreFarm. He wishes to know his rights with respect to:
(a) John, to whom, two years ago, the previous owner, Lenny, granted a four year lease of a barn
on the farm for storage purposes.
(1) We must ascertain 2 things: is it a legal or equitable lease? Is it registered or unregistered land?
Assuming it is a Legal Lease…
In Registered land
• We are told in the facts that Blackacre Farm is registered land
• If it is a legal lease, it binds the world
1. Does s28 apply? No because s29 applies (a registrable disposition of a registrable estate for
valuable consideration) - this would postpone... - therefore sch3 applies
2. Short legal leases
• If the lease was for less than 7 years, Sch3(1) applies - this would be a short legal lease that does
not need to be registered, and will therefore bind (exceptions under sch3 to s29) - this means P
cannot take the land free from J’s lease
Unregistered land
• If it were an equitable lease, notice must be registered of the equitable lease (s33 & s34)
• The doctrine of notice/equity’s darling applies
Equitable Lease
Registered land
• s32 - J could enter notice into the registry
• J would have to go through the route of actual occupation
• If actual occupation is found, J’s lease is binding
(b) Jane, the previous owner’s wife, who directly contributed to the cost of the acquisition of
Blackacre Farm by the previous owner.
• The only legal protection that J would most likely have would be by virtue of s29(a)(2) and sch3(2)
• Is she in actual occupation? would her occupation have been reasonably obvious on inspection of
the land? Were inquiries made of her? Did she not disclose interest when P made enquires? If she
satisfies requirements for actual occupation and it would have reasonably obvious and no enquiries
were made her interest will take priority over P
• If inquiries were made of her and she didn’t disclose, she would be estopped from asserting her
interest as a priority
• Additionally, her interest could be overreached if P paid to 2 trustees (unlikely however)
(c) Ralph, a neighbouring landowner, who was given written permission by the previous owner to
use a track across Blackacre as a short cut from one of his fields to the main road.
This could be one of 2 interests: one propriety and one personal (easement or license)
• If it is a license and a personal right, nothing can be done- it doesn’t apply
• This could be an easement, and would depend as to how this easement came about: Is it capable
of being an easement?
• Written permission is an express grant of an easement? To protect this in registered land, and so it
can take effect at law, it needs to be registered under s27 LRA to be protected
• Could this be an implied easement? s62 can bite to convert an implied easement into a full-blown
legal easement
• If we were to say this, it does not need to be expressly protected by s27, and is an unregistered
interest where is s29 applies, registered interests will be postponed
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