Registration *

Question 1

What are the 3 2002 Registration principles?

Answer 1

1. Mirror principle
   • To ensure records are a true reflection of land situation
2. Curtain principle
   • Trusts (equitable interests) are hidden ‘off’ the title, i.e. ‘cracks’ in the mirror
3. Insurance principle
   • Compensation by govt if errors are made

Question 2

When must titles be registered for first disposition of land (previously unregistered)?

Answer 2

1. S6 LRA 2002: Within 2 months of disposition

2. S7 LRA 2002: If no registration, transaction is void and OG owner holds it on RT for purchaser

Question 3

When must titles be registered for subsequent dispositions of land?

Answer 3

1. S27(2) LRA 2002: Disposition must be completed by registration if it is:
   (a) A transfer
   (b) Estate in land with a definite term
   (d) Express easements
   (f) Legal charge (e.g. mortgage)
2. S27(1) LRA 2002: If no registration, OG owner holds estate in bare trust for the purchaser

Question 4

For subsequent dispositions of land, what conditions come under ‘Estate in land with a definite term’?

Answer 4

1. Term of more than 7 years from date of grant
2. To take effect in possession after 3 months from date of grant
3. Right to possession is discontinuous

Question 5

How long should the period of notice for termination of tenancy by a landlord be?

Answer 5

— Housing Act 1988 —
1. For assured shorthold LEASES (w rent below £100,000/year, beyond 4 months from OG tenancy start date):
• S21(1)(b): At least 2 months??

Question 6

[Essay] What are the pros and cons of a privatised Land Registry?

Answer 6

Pros:
• Raised fees for registering land = Money used for compensation

Cons:
• Charge for registration may go up, opposing the goal of registering most/all UK land