Principles of land registration
The Land Registration Act 2002 (LRA 2002) provided for a system of
registration of titles and not title to land.
Therefore, there may be more than one title applicable to the same
piece of land.
The vital difference from the unregistered system, is that here title to
land is registered rather than just charges against the estate owner.
The intention is that all land shall be held under registered title as soon
as practicable
Another main aim of the LRA 2002 is to make arrangements to the
legislation to enable dispositions of registered land to be dealt with
electronically.
The land registration scheme rests on three principles:
1. Mirror principle – all facts relevant to the title are to be found on the
register
2. Curtain principle – interests which do not affect purchases are kept off
the register
3. Insurance principle – any flaw in the register leads to the payment of
compensation to a person affected.
Scheme of the Land Registration Act 2002
The LRA 2002 takes the different types of estates and interests in land and
classifies them for the purposes of land registration in the following ways:
1. Dispositions which must be completed by registration.
2. Unregistered dispositions which override registered dispositions. These
correspond to the old category of overriding interests and the effect is
that a buyer of the land can be bound by an interest that is not on the
register. (overriding interests)
3. Interests that must be protected by an entry against the title which they
bind. These were formerly known as minor interests.
, -disposition: disposition is the transfer, gift or sale of property from one individual to
another.
Registrable Dispositions
Key Statute:
Section 27(1), LRA 2002
If a disposition is required to be completed by registration, then it does not
operate at all until it is registered in accordance with the requirements.
-Registrable Disposition: A disposition that must be completed by registration
The dispositions that must be completed by registration are set out in section
27 of the LRA:
1. Transfer of the registered freehold estate. This includes transfers by any
of the following methods:
a) For valuable or other consideration
b) By way of gift
c) In pursuance of a court or order
d) Transfer by personal representatives on death
2. The grant (=η χορήγηση) of a legal lease with more than seven years to
run. In addition, certain leases for less than seven years are registrable,
e.g. those which take effect more than three months after the date of
the grant
3. Certain other leases and rights arising under leases, e.g. registration of
the grant of a right to buy a lease under the Housing Act 1985.
4. The express grant or reservation of legal easements, legal profits, legal
rentcharges.
5. A first legal mortgage created out of the estate. This will apply
whenever existing legal mortgages are discharged and a new mortgage is
created. This rule has proven to be one of the main means of
transferring land from the unregistered system to the registered system.
The above are all ‘triggers’ to registration of title
These are not ‘triggers’
1. The appointment of new trustees
2. Registration of the freehold on the grant of a long lease
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