what is on the register?
property register
proprietorship register
charges register
what made registration mandatory?
the 1990 law commission, and finally the Land Registration Act 2002
what was the aim of the LRA 2002?
- attempted to make e-conveyancing possible (which has not happened yet)
- makes registering mandatory
- protection of purchaser
- state backed guarantee of title
- elimination of the registration gap
(law commission report no271 explains their aims)
what section in the LRA actually makes registration mandatory?
s.58(1) LRA 2002
states that until you have registered the land you are not the legal owner
what case talks about the benefits of the registration system?
Brelsford v Providence
Lord Kitchin and Lady Rose
3 guiding principles of registration
curtain
mirror
insurance
mirror principle
register should reflect all interests affecting the estate
curtain principle
purchasers are not affected by trust interests (hidden “behind the curtain”)
* trusts
* legal leases under 7 years
* implied legal easements
insurance principle
if you do register, the state guarantees the accuracy of the register and compensation if you were to lose your interest in the land
when does registration happen?
can occur at two separate points:
* first registration
- when unregistered land first becomes registered
* registerable disposition
- when something occurs to already registered land which requires it to be reregistered
which section says you can choose to register land if you inherit it?
registration is mandatory, but this section says if you inherit the land you can choose to register it
section 3 LRA 2002
triggering events where you should register the land are detailed in section…
section 2 and section 4 of the LRA 2002
a registerable disposition is detailed in…
section 27(2) LRA 2002
section 6 of the LRA stipulates that if a triggering event were to occur, you should register in…
2 months
what section stipulates that if you dont register in two months (section 6) you don’t get an interest in the land?
section 7(1) LRA 2002
you only get an equitable estate
powers of the owner are detailed in which sections?
s.23 defines what an owner’s power is
- power to make a disposition of any
kind permitted by the law
- power to charge the estate
s.24 – states what the entitlement of an owner can do
s.26 – owners’ powers can be exercised without any limitation
of the LRA 2002
section 27(2)…
S.27(2) provides a comprehensive list of the
registerable dispositions of land which need to be registered otherwise they will not have legal effect (only equitable)
section 27(1)…
S.27(1) states that if the right is required to be
registered under s.27(2), then it will only operate in
equity until it has been registered
what section details notices (notifying the registrar of your equitable mortgage)
section 32
according to section 33, what cannot be protected under a notice?
No notice may be entered in the register
in respect of any of the following—
(a) an interest under—
* (i) a trust of land, or
* (ii) a settlement under the Settled Land Act 1925 (c. 18),
(b) a leasehold estate in land which—
* (i) is granted for a term of three years or less
from the date of the grant, and
* (ii) is not required to be registered,
section 40 restrictions
