Summary of Land Registration and co-ownership & trusts in Land Law. This is topics 2 and 3 of the Land Law module Stage 1 Newcastle University but will be relevant on all courses.
Includes all references to statutes and common law.
Ideal exam prep!
2.1 Land Registration
Land registration act 2002 moves to a registered system
3 parts to the register (property, proprietorship and charges)
First registration
o Voluntary or compulsory (s.4(1) triggering events)
o 4 possible grades of title (Absolute, good leasehold, possessory, qualified)
o Failure to register -s.7
2.2 Principles of Land Registration
Registered dealings with registered estates (ss. 23, 27 LRA)
o Transfer estate or create new estate from existing
Mirror (can include some un-registerables that would override), curtain (equity
hidden behind a trust) and insurance principles
Registerable interests
o Notices (ss. 32-39)
Agreed or unilateral both provide priority over interest
Excluded interests under s. 33LRA
o Restrictions (ss. 33, 40-47) only inform, don’t prioritise
Unregistered overriding interests
o First registration (sch 1)- title should reflect interests
Look at sch1 for list
2. Persons in actual occupation
Williams and Glyn’s Bank v Boland (physical presence)
Link Lending v Bustard (continuity and permanence, intent to
return)
6 principles of AO (Plain English meaning, presence not
required, furniture not sufficient, manifested and intention to
continue, occupation not use, more than one can be in AO)
Principles of actual occupation
o Registered disposition (sch 3)- anything capable of registration should’ve
been already
Look at sch3 for list
2. Persons in AO- present at time of registration unless;
B) one with the right, not the seller and in a suitable situation
(Begum v Issa)
C) i) Discoverable on reasonably careful inspection (objective
test) and ii) actual knowledge
D) delayed commencement
2.3 Overreaching Interests
Overreached by monetary compensation
LPA S. 2(1)
S. 27 LPA but meet ;
2 conditions from s.2(1) (capability of being overreached(s. 2 LPA) (includes behind a
trust- City of London Building Society v Flegg), statutory conditions fulfilled (1. 2
trustees exercise valid power under trust, 2. Operation of strict settlement, 3.
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