Class notes
Law 1122 Principles of Land Registration Notes
- Course
- Institution
Comprehensive and detailed land law notes on Principles of Land Registration. *Essential!! *Precise!! *For you!!
[Show more]
Seller
Follow
anyiamgeorge19
Reviews received
Content preview
Land LawTopic 3:
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
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 anyiamgeorge19. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
70055 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now