Land Law > Chapter 5- Registered Land > Flashcards

Chapter 5- Registered Land Flashcards

(57 cards)

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1
Q

When did the Land Registry Act 2002 come into force?

A

13th October 2003

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2
Q

How is unregistered land registered?

A

Used in conveyancing, an investigation of the title deeds and land charge searched take place prior to completion

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3
Q

What are two benefits to registered land on state-guaranteed registration of title?

A

A buyer can see what is being bought, including beneficial rights in neighbouring land.

A buyer can see if a third party holds any rights to the land.

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4
Q

What relevance does 1925 hold for registered land?

A

Some parts of England and Wales were designated as compulsory registration areas

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5
Q

What relevance does 1990 hold for registered land?

A

All land England and Wales was designated as falling in compulsory registration area.

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6
Q

If land is in a compulsory registration area does this mean land is automatically registered?

A

No, it becomes registered in disposition of the land.

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7
Q

What is disposition of the land?

A

Sale of legal freehold

OR

Creation or sale of legal lease with more than 7 years left to run

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8
Q

In 1998 what is also a trigger for compulsory registration?

A

Gifts

Inherited property

Court orders

First legal mortgages of property

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9
Q

What act are the 4 1998 triggers of compulsory land governed by?

A

s6 Land Registration Act 2002

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10
Q

If legal estate is not registered with it 2 months what is the consequence?

A

It becomes void

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11
Q

What was the year of the LRA prior to 2002?

A

1925

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12
Q

What act governs the LRA 2002?

A

Land registration rules 2003

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13
Q

What are 4 advantages of registered land system?

A

The conveyancing process is made easier.

A complete record of interests can be discovered easily.

An accurate plan for the registered land is available.

Compensation is payable if errors or mistakes are make by the LR as system is state guaranteed.

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14
Q

What is mirror image principle

A

When the registered reflects a true totality of estates and interest that exist on that piece of land.

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15
Q

What are the 4 kinds of interest in registered land?

A

Registered estates

Interests which should be protected by entry on the register

Registered charge

Interests which have overriding status

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16
Q

What interest if registered land does not appear on the register?

A

Interests of overriding status

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17
Q

What is the curtain principle

A

It keeps certain interests off the registered which the purchaser does not need to know about.

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18
Q

What is the insurance principle?

A

Insurance for errors of land registration through the state guaranteed system of registration.

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19
Q

What are the 3 registers?

A

Property register

Proprietorship register

Charges register

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20
Q

What does the property register contain?

A

Description of property referencing the title plan.

Ordnance survey map

Boundaries of the property

Whether land is FH or LH

Details of any beneficial interests

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21
Q

What is the proprietorship register?

A

Sets out who owns the land and the class of title over the land.

Any restrictions affecting the proprietors right to deal (co-owners)

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22
Q

What is the charges register?

A

It contains details of all charges affecting the property or restrictive covenants

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23
Q

What are the 7 classes of title on proprietorship register

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A

Freehold titles

Absolute titles

Qualified titles

Possessory title

Lease hold title

Absolute lease hold

Good lease hold

Possessory lease hold

Qualified leasehold

24
Q

What is qualified title

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A

Similar to absolute possession except property is held subject to a defect or right in the register

25
What is possessory title?
Granted but adverse possessions (a squatter)
26
What is absolute lease hold?
Lease hold on the back of a freehold property which is already registered
27
What is good leasehold?
It is granted if there is doubt on the landlord’s right to grant lease
28
What is possessory leasehold?
Like absolute leasehold but subject to existing right on the land
29
What is qualified leasehold
Same as qualified freehold (absolute title land subject to defect or right on register)
30
What are the four types of interest in registered land?
Registrable interest or estate Interest protected by entry on the registered Interest which is overriding Registered charge
31
What is substantive registration
means Registration under a Law of a Party, but does not include Deemed Registration
32
How are registered interests registered?
Via substantive registration
33
What legal estates and interests are capable of substantive registration
Fee simple in absolute possession Term of 7 years or more absolute Rentcharges Franchises Profits à prendre (a right to enter into the land of another and take produce or soil). In perpetuity (a will) or for a term longer than 7 years remaining
34
What section of the LRA 2002 states that the owner of unregistered land must apply to the land registry within 2 months of conveyance to be registered?
ss4-8 LRA 2002
35
Once land is registered do new proprietors need to apply to the land registry within a time frame?
No
36
What are interests protected by entry on the register?
Interests on the register which could affect the ability of the proprietor to sell
37
What are the two forms of protected interests in the register?
Notice ( found in charge) Restrictions (found in proprietorship)
38
What is the definition of a notice s32 LRA 2002?
An entry in the register in respect of the burden of an interest affecting a registered estate or charge.
39
What interests can not be protected under s33 LRA 2002?
Interest under a trust of land Lease for no more than 3 years Restrictive covenant
40
What are the two types of notice?
Agreed notice Unilateral notice (entered without agreement)
41
Name two examples of interests protected by notice
Equitable mortgages Equitable easements
42
What is the definition of restriction within s40 LRA 2002
An entry in the register regulating the circumstances in which a disposition of a registered estate or charge maybe the subject of entry in the register.
43
Does a restriction require consent?
No, but proprietor must be informed of it.
44
What is an example of a common restriction? And it’s purpose
Beneficial interest under trust held Tenancy in common, to prevent two trustees overreaching a trust (fraudulent behaviour)
45
What are interests which are overriding
They are not registered but they bind a buyer of land.
46
Which Sch if the LRA 2002 outline interest which override registered dispositions when the land is already registered?
Para 1-3 Sch 3
47
What does para 1 Sch 3 set out
Lease granted for a term not exceeding 7 years from date of grant overrides registered disposition
48
What are the exceptions to Para 1 Sch 3
Leases which take effect in possessions more than 3 months after date of the lease And Specified leases under housing act And A lease that ought to be substantially registered
49
What does para 2 Sch 3 LRA 2002 set out?
Rights to a person in occupation of the land overrides registered dispositions
50
What requirements must a person have to claim right of occupation over a registered disposition?
Have right or interest in the land Or Be in actual occupation (renting / living on the land)
51
What excludes a person having right to claim occupation over a registered disposition?
If an interest is not disclosed but the person asks Or If the interest is not obvious on inspection of the land
52
Which case law states actual occupation does not need to be the person being there constantly (in hospital etc)
Chhokar v Chhokar 1984
53
What is the relevant date in regards to fate of actual occupations
Date of transfer (Abbey National Building Society v Cann 1990)
54
In link lending ltd v Hussein 2010 what factors are considered to determine Actual occupation
Continuity of presence Intention of parties Reasons for absence Length of absence Personal circumstances Nothing can be ruled out
55
What is purpose of Para 3 Sch 3 LRA 2002
Easements arising from implied grant or reservation
56
From 13/10/2006 when will legal easement override registered disposition
If obvious from inspection of the land Known to the person the disposition is made Exercised within year of disposition Registered under common registrations Act 1965
57
What are the overriding interests which override first registration if the land is unregistered
Short term leases (less 7 years) Persons in actual occupation Easement - must be equivalent to legal estate, and created by deed or by implication
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