LEC 3&4 – REGISTERED LAND
[textbook reading summary starts at pg. 40]
Note: In most cases (when sale of land is for value), a new title owner is free from existing
proprietary rights, except:
Registered charges
Overriding interests
Protected registered interests
Definition
Registered land is land which the title to it (the estate, right to ownership) is recorded
in a register maintained by HM Land Registry, and accessed through a number of
district land registries around the country, or increasingly, online.
Evolving legal framework of registered land
1. The evolution of legislative framework of registered land began with the Land
Registration Act 1925 – registration to be extended across England and Wales.
2. Law Commission reports have influenced the evolving framework of registered land,
they reviewed the system of registered land during 1980s.
3. Land Transfer Act 1987 introduced compulsory registration in London.
4. Land Registration for the Twenty-First Century – Law Commission/Land Registry
Report No. 254 (1988) – criticised existing system and contained proposals for
reform.
5. This report lead to the following draft bill, Land Registration for the Twenty-First
Century: a Conveyancing Revolution (2001, No. 271) – draft Bill; aimed to improve
accuracy of land register and accelerate process of registration throughout England
and Wales. Culminated in the following legislation.
6. Land Registration Act 2002; in force on 13 October 2003 (replaced LRA 1925).
7. Compulsory first registration of title – 1st December 1990.
, Goals were to reduce expense/effort and increase reliability for purchasers of buying land;
facilitate overreaching for benefit of purchasers; protect certain third-party rights; introduce e-
conveyancing (not yet in effect).
The principles of registered land
The mirror principle – the register should reflect the totality of rights and interests in
land [but overriding interests survive and are not reflected in the register]. The
register as a mirror of the legal status of the land. If the register reflects the full
character of the land, any purchaser and third party can be rest assured that they are
fully protected. It is unlikely that the register can ever be a truly perfect mirror. It
would be impractical and undesirable for this to be so. There are certain things which
are not expected to appear on a register. Eg. short-term rights (one-year lease).
The curtain principle – certain equitable interests in land should be hidden behind
the ‘curtain’ of a trust. Purchaser only concerned with legal title, he does not need to
worry about any equitable interests, as if involved with a trust, such rights will be
overreached anyway if proper formalities are performed.
The insurance principle – if title is registered, it is guaranteed by the state, supported
by a system of indemnity (compensation) and alteration of the register.
Characteristics of the land register
Each title is given unique number and its entry is divided into 3 parts:
The property register – describes the land itself, the type of title (eg, freehold or
leasehold) and any benefits attached to it
The proprietorship register – identifies the proprietor and any restrictions on the
power of the proprietor to deal with the land
The charges register – details of adverse third party rights.
Only legal estates can be registered, namely, freehold estates and leasehold estates
granted for more than 7 years. Registerable estates = legal estates (freehold,
leasehold). Leaseholds for 7 years or less cannot be registered.
LRA 2002
S 27: transfer of estate not complete until registration of title is effected; until
registration, it operates only as an equitable estate. Transfer is complete when new
owner’s title is registered.
S 58: registration is conclusive of title, ie, the registered proprietor is deemed to have
been vested with the legal estate as noted on the register.
[textbook reading summary starts at pg. 40]
Note: In most cases (when sale of land is for value), a new title owner is free from existing
proprietary rights, except:
Registered charges
Overriding interests
Protected registered interests
Definition
Registered land is land which the title to it (the estate, right to ownership) is recorded
in a register maintained by HM Land Registry, and accessed through a number of
district land registries around the country, or increasingly, online.
Evolving legal framework of registered land
1. The evolution of legislative framework of registered land began with the Land
Registration Act 1925 – registration to be extended across England and Wales.
2. Law Commission reports have influenced the evolving framework of registered land,
they reviewed the system of registered land during 1980s.
3. Land Transfer Act 1987 introduced compulsory registration in London.
4. Land Registration for the Twenty-First Century – Law Commission/Land Registry
Report No. 254 (1988) – criticised existing system and contained proposals for
reform.
5. This report lead to the following draft bill, Land Registration for the Twenty-First
Century: a Conveyancing Revolution (2001, No. 271) – draft Bill; aimed to improve
accuracy of land register and accelerate process of registration throughout England
and Wales. Culminated in the following legislation.
6. Land Registration Act 2002; in force on 13 October 2003 (replaced LRA 1925).
7. Compulsory first registration of title – 1st December 1990.
, Goals were to reduce expense/effort and increase reliability for purchasers of buying land;
facilitate overreaching for benefit of purchasers; protect certain third-party rights; introduce e-
conveyancing (not yet in effect).
The principles of registered land
The mirror principle – the register should reflect the totality of rights and interests in
land [but overriding interests survive and are not reflected in the register]. The
register as a mirror of the legal status of the land. If the register reflects the full
character of the land, any purchaser and third party can be rest assured that they are
fully protected. It is unlikely that the register can ever be a truly perfect mirror. It
would be impractical and undesirable for this to be so. There are certain things which
are not expected to appear on a register. Eg. short-term rights (one-year lease).
The curtain principle – certain equitable interests in land should be hidden behind
the ‘curtain’ of a trust. Purchaser only concerned with legal title, he does not need to
worry about any equitable interests, as if involved with a trust, such rights will be
overreached anyway if proper formalities are performed.
The insurance principle – if title is registered, it is guaranteed by the state, supported
by a system of indemnity (compensation) and alteration of the register.
Characteristics of the land register
Each title is given unique number and its entry is divided into 3 parts:
The property register – describes the land itself, the type of title (eg, freehold or
leasehold) and any benefits attached to it
The proprietorship register – identifies the proprietor and any restrictions on the
power of the proprietor to deal with the land
The charges register – details of adverse third party rights.
Only legal estates can be registered, namely, freehold estates and leasehold estates
granted for more than 7 years. Registerable estates = legal estates (freehold,
leasehold). Leaseholds for 7 years or less cannot be registered.
LRA 2002
S 27: transfer of estate not complete until registration of title is effected; until
registration, it operates only as an equitable estate. Transfer is complete when new
owner’s title is registered.
S 58: registration is conclusive of title, ie, the registered proprietor is deemed to have
been vested with the legal estate as noted on the register.
