Other
Property Law revision notes
- Module
- Property Law
- Institution
- Plymouth University (UOP)
Property revision notes to aid with coursework or preparing for an exam.
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Registered Title - Land Registry records all relevant details of ownership relating to a particular pieceof land in an area of registered title. The prospective buyer need only consult the Land Register to
find out all the necessary information about interests in the land that he hopes to buy.
Unregistered Title - Unregistered land is land to which the title is not registered but it has its own
system of partial registration for other rights and interests affecting the land. Both the unregistered
and registered systems deal with the same substantive interests in land (legal estates, easements,
covenants etc.) and they share the concept of overreaching, but they do so in mutually exclusive
ways.
Unregistered Land - Land Charges - Land charges are divided by the Land Charges Act 1972 (LCA
1972) into 6 classes and certain of those classes are further subdivided. Note particularly: -
Class C(i) - puisne mortgage - a legal mortgage which is not secured by a deposit of documents
relating to the legal estate affected' (s.2(4), LCA 1972).
Estate contract - a contract to create or convey a legal estate in land made by a person with, or
entitled to, a legal estate
Restrictive covenant - other than one between lessor and lessee, entered into after 1 January 1926.
Equitable easement - an easement, right or privilege affecting land which was created on or after 1
January 1926, and which is equitable only.
Matrimonial home rights - contained in the Family Law Act 1996, s.30 of which confers the following
rights on one spouse where the other spouse has a beneficial estate or interest or contract in a
dwelling or has a right to remain in occupation of a dwelling by virtue of any enactment:
(a) a right not to be evicted or excluded if already in occupation; and
(b) a right, with the leave of the court, to enter and occupy if not already in occupation.
Effect of Registration - By s.198, LPA 1925, registration constitutes 'actual notice' to all persons and
for all purposes connected with the land affected.
Effect of Non-Registration: - The precise effect of non-registration depends on the class of charge
involved:
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