100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
First Class Land Law Notes (Registered Land) £6.77   Add to cart

Lecture notes

First Class Land Law Notes (Registered Land)

 59 views  0 purchase

Detailed and easy to understand notes on registered land based on textbooks. The notes include cases and statues that are important to the principles.

Preview 2 out of 7  pages

  • February 3, 2021
  • 7
  • 2019/2020
  • Lecture notes
  • Confidential
  • Registered land, freehold covenant, easements and profits and co-ownership and trust
book image

Book Title:

Author(s):

  • Edition:
  • ISBN:
  • Edition:
All documents for this subject (24)
avatar-seller
phoebeasher
Registered Land Notes

1. Nature and purpose
 It seeks to ensure that as many estates in land as possible become
registered.
 It seeks to ensure that as many third-party rights as possible are recorded on
the register of title of the estate that is affected by those rights
 Seeks to minimise the number and effect of those third-party proprietary rights
that can be effective against the new owner of land even without being
registered (overriding interests)
 Purpose
o Remove the process of investigating the root of title.
 When a title is registered, the owner of land should be easily
discoverable by a simple search of the register of title and the
possibility of fraud should be reduced.
 Land thus becomes much more saleable and alienable.
o Title is ensured by registration
 The register is a complete and accurate reflection of the state of
the title of the land at any given time, so that it is possible to
investigate title to land online, with the minimum additional
enquiries and inspections
o Purchaser of land knows about the rights and interests of other
persons over that land
 Ensuring that the price paid reflects its true economic and social
value
 Done by ensuring that as many rights as possible are entered
on the register, and limiting those that need not be.
o Enable the purchaser to buy land completely free of defects.
Overreaching can take place as well.
o Certain third-party rights in land can be protected, and so survive a
sale of that land to a new owner


2. Three principles of registered land
2.1 Mirror principles
 Encapsulates the idea that the register should reflect the totality of the rights
and interests concerning a title of registered land.
 Purchaser can know what he is buying, and the person with the proprietary
interest knows that he is protected
 Yes, there are cracks in the form of overriding interests.
 But, registration of title is not intended to replace physical inspection of land
as a way to discover the potential presence of adverse rights over the land
 The imperatives of the LRA 02 is to ensure that as much as possible about
the land is registered, AND for rights that are not registrable, to ensure that
they are capable of discovery by a normal inspection of the land.
 There is a general duty to disclose unregistered rights which override so that
they may be brought on to the register when a title changes hands. (s71 LRA
2002)

, 2.2 Curtain principle
 This is the idea that certain equitable interests in land should be hidden
behind the curtain of a special type of trust.
 If a person wishes to buy registered land that is under a trust of land, the
purchaser need be concerned only with the legal title to the land (held by the
trustees and reflected on the title register). He need not look behind the
curtain to worry about any equitable rights of ownership that might exist.
 This is because such equitable rights will be overreached if the proper
formalities of the purchase are observed. (ss 2 and 27 LPA 25)
2.3 Insurance principle
 If a title is duly registered, it is guaranteed by the State
 This guarantee is supported by a system of statutory indemnity (monetary
compensation) for any purchaser who suffers loss by reason of the conclusive
nature of the register.
 The State insures against deficiencies, inaccuracies or other mistakes in the
register.
 The very existence of an indemnity provision gives confidence to those using
the registration system and encourages reliance on it.
 In Hong Kong, there is an indemnity cap that limits the amount of
compensation payable in the event of a loss caused by an error in the
register.
o The absence of a provision providing for full compensation has eroded
confidence in the system in HK, and has put at risk the widespread
adoption of land registration.

3. Registered land system under LRA 2002
 Land is registered when title to it is recorded in the title register.
 Only freehold and leasehold can be registered (ss. 2, 3, 4, 27 LRA 2002)
 When registered, it is called a “registered estate” and the owner is the
“registered proprietor”.
 Each registered title is given a unique title number, and its entry is divided into
three parts:
o A. the property register – describes the land itself in reference to a
plan, and notes the title that the registered proprietor has
o B. proprietorship register – gives the name of the proprietor (the
owner), and describes the grade of their title and any benefits attaching
to the title
o C. Charges register – gives details of all third party rights over the land
(except overriding interests) that detract from the registered proprietor’s
full use and enjoyment of the land.

4. Classes of titles

5. Overriding interests
 Officially known as unregistered charges that override
 These are binding on the land even without being entered on the register of
the title of the land they affect.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller phoebeasher. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £6.77. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

64438 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now

Start selling
£6.77
  • (0)
  Add to cart