Registered title

What are the principles that govern registered title

Mirror principle

Curtain principle

Insurance principle

What is the form of the HM land registry

Titles are registered and interests affecting a specific title are recorded against the title it burdens.

The register of title comprises of: property register (description of the land, identifies title between freehold or leasehold and includes interests that benefit the land).

Proprietorship register - class of title, owner of land and restrictions on the registered owners ability to deal with land

Charges register- third party burdens which burden the title (easements, restrictive Covenants and registered charges like mortgages)

What are the three different quality of title names

Absolute

Possessory

Qualified

What are the categories of rights in registered land

Substantive registration

Registreable dispositions that need to protected

Interests which override first registration or registered dispositions.

What is the effect of the first registration

Purchaser is bound by registerable interests subject to an entry on the register and interests which override first registration.

What are the registerable dispositions

Found in section 27 of the law registrations act

What is priority rules

The basic rule is that priority is determined by the date of creation. Earlier rights take priority overblater created rights.

What are the exceptions to section 28 of the basic rule

Exceptions are when regustreable dispositions of a registered estate. For valuable consideration and is completed by registration. Found in section 29. The disponee will not be bound by interests whucb have not been protected but will be bound by pre existing interests which have been protected by entry of a notice or registered charge.

Entry of notices

Notices are burdens that affect the land and need to be entered in the register. An entry is made in the charges register against the title that it affects. Doesn't guarantee validity of the internet but is just a record of the burden

Restrictions

Limit the registered owners powers of disposition to deal with the land and are entered on proprietorship register.

What are overriding interests of registered dispositions

Legal leases, easements and profits and interests of persons in actual occupation

Legal leases

Have to be shorter than 7 years

Easement and profits

Existing easements at the commencement of the 2002. Legal easements and profits are overriding and equitable easements and profits are overriding. Section 27 requires that easements and profits need to be registered. If they fail to register his right, easement will take effect as an equitable interest.

Interests of persons in actual occupation

Interests in land and actual occupation minus inquiry leads to an overriding interest. If the purchaser akds about the occupiers right and the occupier stays silent, the occupier may lose overriding protection.

What is the basic formula under s3 p2

Interest in land + actual occupation at time of disposition = overriding interest (OI).

What is the effect of Schedule 3 Paragraph 2?

A proprietary interest that would normally need protection by notice/restriction becomes overriding and binds the purchaser if Sch 3 para 2 requirements are satisfied.

What section explains the effect of overriding interests on registered dispositions?

Section 29 Land Registration Act 2002.

What kind of interest is required under Sch 3 para 2?

A proprietary interest in land.

What did Lord Collins state in Scott v Southern Pacific Mortgages Ltd?

Only proprietary interests can override under Sch 3 para 2.

Which case confirmed that a constructive trust interest can override?

Williams and glyn bank v Boland

Can personal rights override?

No. Only proprietary rights can override.

Which case established that personal rights do not override?

National Provincial Bank v Ainsworth.

Are home rights under the Family Law Act capable of overriding?
A: No — not under Sch 3 para 2.

No — not under Sch 3 para 2.

Can interests under the Settled Land Act 1925 override?

No

When must the claimant be in actual occupation?

At the time of the disposition

Which case emphasised timing of occupation?

Abbey National Building Society v Cann.

What did Lord Wilberforce say actual occupation means in Williams & Glyn's Bank v Boland?

It means physical presence on the land.

Does “actual occupation” require legal entitlement?

No — it requires physical presence, not merely entitlement in law.

Which case summarised principles of actual occupation?

Thompson v Foy.

Does actual occupation always require personal presence?

No. A representative occupier (e.g. caretaker) may occupy on behalf of another.Abbey national building soc v cann

Which case established that a licensee’s occupation is insufficient?

Strand Securities v Caswell.

If the occupier is absent, what is usually required?

Continuing intention to return and evidence of continuing occupation.

Factors relevant to actual occupation according to Link Lending v Bustard?

• Permanence and continuity of presence

• Intention to return

• Length of absence

• Reason for absence

• Nature of property

• Personal circumstances

Which case recognised temporary absence for childbirth as actual occupation?

Chhokar v Chhokar.

How should you analyse a Sch 3 para 2 problem question?

A:

1. Is there a proprietary interest?

2. Was the claimant in actual occupation at time of disposition?

3. Do any para 2 exceptions apply?

4. Was the interest overreached?

5. If not overreached, the interest overrides and binds purchaser.

What happened in City of London Building Society v Flegg?

Beneficial interests were overreached because mortgage money was paid to two trustees, so the occupiers lost priority despite actual occupation.

What did Thomas v Clydesdale Bank say about inspection?

Inspection concerns visible signs of occupation, but some aspects of occupation require further inquiry.

When does actual occupation terminate?

When the occupier has no intention to return. Thompson v Foy.

What are the two key exceptions

a) Failure to disclose when reasonably asked

If:

• the purchaser made inquiries, and

• the occupier failed to disclose the interest when they could reasonably have done so,

the interest will not override.

This prevents occupiers from staying silent and later surprising purchasers.

(b) Occupation not obvious on reasonably careful inspection

The interest will not override if:

• the occupation would not have been obvious on a reasonably careful inspection, AND

• the purchaser did not actually know of the interest.

So the purchaser is protected where the occupation is effectively hidden.

Occupation not obvious on reasonably careful inspection

This was important in:

• Abbey National v Cann