Registered system

Question 1

Is registration of land compulsory?

Answer 1

Any landowner may choose to voluntarily register unregistered land. However, all land must be registered on the occurrence of a triggering event if that event took place after 1 December 1990

Question 2

5 triggering events for land registration

Answer 2

A conveyance on sale of freehold land

An assent

A deed of gift

A grant of lease for a term exceeding 7 years

An assignment on sale of a lease having a term exceeding 7 years

Question 3

A consequence of failing to register a piece of land

Answer 3

if registration is not completed within 2 months means the transfer of the legal estate to the buyer becomes void and the legal estate reverts to the seller.

the disposition takes effect of the contract made for valuable consideration to grant the lease mortgage and the legal estate will revert to the original transferor who holds on rest as a bare trustee.

A bare trustee whose only duty is to follow the instruction of the beneficiary of the trust in relation to the trust assets

The cost of remedying the failure will be on the defaulting party.
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Question 4

5 classes of title

Answer 4

Absolute freehold title
Qualified title
Possessory title
Good Leasehold title
Absolute Leasehold Title

Question 5

Explain

Absolute freehold title

Answer 5

fee simple freehold absolute in possession
best class of title

only restricted by interests which are entered on the registered

overriding interests

Question 6

Explain

Qualified title

Answer 6

Very rare

a specified right otherwise implied by the effect of registration

Question 7

Explain

Possessionary title

Answer 7

it is most commonly given when an application for registration is based on adverse possession of the land in question rather than based on the production of the unregistered titled deed/

Possesoory title has the same effect as absolute title but it does not exclude the enforceabiltiy of any right affecting the title which subsisted on the date of first registration

Question 8

Explain

Good Leasehold title

Answer 8

This class of title is otherwise an absolute leasehold title if not because that the freehold title has not been produced to HMLR on application to register.

the guarantee implied by the registration does not extend to the freehold estate.

Question 9

Explain

Absolute Leasehold title

Answer 9

HMLR will award an absolute/unqualified leasehold title only where it has inspected all superior leasehold titles and the freehold title

Question 10

Explain title upgrade

Answer 10

A title can be upgraded for
possessory title if registration is unchallenged for 12 years since it was granted
all forms of qualified leasehold titles can be upgraded to absolute if the freehold has been inspected

this is known as curative effect of registration

Question 11

Apart from leasehold and freehold titles (estates in land), what kind of estates can only be registered?

Answer 11

Rentcharges
Franchises
Profits a prendre in gross

Question 12

Explain caution

Answer 12

when an unregistered land is about to enter the register, any owner of an interest in the concerned piece of land should issue a caution so HMLR can ascertain that interest

the owner of the estate can apply to cancel that caution unless an objection is made by the interest owner

A caution must be made with reasonable cause and a duty of care is owed to any person who suffers damage if a caution is entered without reasonable cause.

Question 13

When exactly does the title pass from the seller to the buyer

Answer 13

the legal estate only passes to the buyer after completion when the registration of disposition is completed at HMLR

Question 14

Definition of notice in the registered system

Answer 14

A notice is an entry in the register in respect of the burden of an interest affecting a registered estate or charge (LRA 2002 s.32(1))

There are two types of notice: an agreed notice and unilateral notice

Question 15

What is a unilateral contract?

Answer 15

A unilateral notice is registered without the consent of the registered proprietor. The applicant must complete the application form (UN1) stating on what grounds the notice is made.

the rules on cancellation and removal is similar to caution, in which the same duty of care and response for the beneficiary of interest within a prescribed period apply.

Question 16

Standard restriction for tenant in common

Answer 16

No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court

Question 17

Explain overriding interests

Answer 17

overriding interests are interests that are binding on both the registered proprietor and a person who acquires an interest in the property albeit they do not appear on the register of the title.

Question 18

3 kinds of overriding interests

Answer 18

Lega

leases less than seven years

Legal easements or profits a prendre

Interests of Persons in Actual Occupation (beneficiary under a trust)

Question 19

For an easement to be capable of having overriding status, it must

Answer 19

be a legal easement and it cannot be expressly created. To fit in this category the easement must arise from implied grant or reservation or by prescription (long use)

it must be registered either under the Commons Act 2006 or known to the buyer, obvious on reasonable inspection, or it has been exercised within 1 year of disposition.

Question 20

Restriction on interests of persons in actual occupation to apply

Answer 20

IF a buyer has made an enquiry of an occupier and they failed to disclose their occupation, the occupier will not have an overriding interest.

IF the occupation was not obvious on a reasonably careful inspection of the land at the time of the disposition and the interest was not in the actual knowledge of the buyer when the disposition occured.

Question 21

What constitutes actual occupation

Answer 21

there degree of permanence and the continuity of presence

The intention and wishes of the person concerned

The length of any absences and the reasons for the absence

the nature of the property

the personal circumstances of the person concerned

Question 22

Are the rights of occupation enjoyed by a non-owning spouse or civil partner an overriding interest?

Answer 22

No. The spouse or civil partner will register their home right as a notice on the registered proprietor’s register of title

Question 23

3 kinds of third party interests in registered land

Answer 23

Legal estates

Equitable interests

Overriding interests

Question 24

Limitation Act 1980 and adverse possession in registered land

Answer 24

All the squatter acquires in a registered land is the right to apply for registration of title at the end of the period of adverse possession (10 years vs 12 years). In the unregistered system, the right to recover land by the estate owner will be lost under the Limitation Act 1980

Question 25

Review requirement to prove adverse possession (same for both registered or an unregistered piece of land)

Answer 25

they have actual physical possession of the land; that possession is exclusive to the applicant; and the possession of the land is without the permission of the landowner