Land Law exam notes written from textbooks and lectures for Registered Land. Formatted to be memorised and contains all the necessary information to achieve a 2:1 or 1st on the exam.
-The registration of title works o the basis that information relating to an estate in land is held
centrally by the Land Registry; the need to rely on title deeds is eliminated.
--The purchaser should be able to locate all the relevant information relating to a property on
the register of title including:
1) Who owns the property.
2) Details of rights held by third parties.
*-In an exam essay need to emphasise that the Land Registration Act 1925 (now 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 file for each title (estate) registered is divided into 3 parts: the property register, the
proprietorship register, and the charges register. These parts make up one file.
*-Land registration scheme rests on three principles:
1) Mirror Principle: The register of title should accurately and conclusively reflect the
relevant interests affecting the land, this includes:
a) Ownership of the property.
b) 3rd party rights affecting the land.
*-To ensure this occurs all rights and interests associated with the land should be
entered into the register of title; with the exception of overriding interests.
2) Curtain Principle: Purchasers need not look beyond the register and are not
concerned with trusts.
-Provided that the purchaser complies with certain formalities, EI under a trust of land
are always overreached.
3) Insurance Principle: The accuracy of the register is guaranteed by the government
and any flaw in the register leads to the payment of compensation to the person
affected (s.103 LRA 2002).
-s.53(1) LRA 2002: Conclusiveness of register of title.
Scheme of the LRA 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:
a) Dispositions which must be completed by registration.
b) Unregistered dispositions/ interests which override registered dispositions.
-Binds the registered proprietor and any purchaser irrespective of:
a) Whether they are entered on the register.
b) Whether the proprietor knew or ought to have known them.
c) Interests that must be protected by an entry against the title which they bind; known
as minor interests.
The benefits of buying summaries with Stuvia:
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
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
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 Joel1234. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $14.37. You're not tied to anything after your purchase.
