Registration and Cracked mirror

title deeds - unregistered land

before registration, search for title was extremely complicated

pre 1926 law

private conveyancing is charging for the activity that perhaps protracted out by own admission/activity

paralell to 2002 registration act

wanted to introduce e-conveyancing, didn’t as legal profession against this

doctrine of notice

purchaser might take interest he only had vague awareness of, interest holder lose right over land, lengthy process to go through constructive and implied notice

time consuming to investigate title

number of legal owners, estates, and 30 years search for root title

need for certainty and stability

purchaser of land, owner of interests or rights over land, bias towards purchaser

what is unregistered land

title - land not registered - root derived from title deeds and other relevant documents

interests in registered land - charges against name of owner - partial system only

statutory procedure of overreaching - LPA 1925 s.2(1)

only intended as ‘stop gap’ - is an incomplete system

system or registration

1920s - legislator slowly introduce change help us get position of total registration

legal rights - estates and interests binds the purchaser & subsequent potential owners except second legal mortgages

Land charges act 1972 let world know mortgages existed

flawed system?

incomplete - some interests non registerable - doctrine of notice still relevant & purchaser under a duty of inquiry

name based register

no ptorection of person in actual occupation

dickenson v dodds 1876

investigates unregistered land, good route of title and trace a complete unbroken chain of ownership through properly executed deeds, checking for encumbrances, adverse interests and defects

steps towards full national registration of title

LRA 1997 - ‘triggers’ of registration upon gifts, mortgages secured by deposit of title deeds

LRA 2002 - 3 year leases now registrable, allows creation of new triggering events, harmen didn’t didnt want to register them as they clog up register

Harpens Keys

7 years or more - now subject to compulsory reg after law com discovered average lease was 10 years

under 7 - protected by overriding interests - schedule 3 of LRA 2002

information document

move away from full reg, echoes of former approaches

weak to assume actual occupation from looking at if someone lives there

title doc should mirror those interest

statute defining registered scheme

LRA 2002 s66 public inspection - link with kingsnorth finance co v Tizard - seen as a trap for purchasers

why was system needed

simplify

estates: fee simple in absolute possession, terms of years absolute

interests: easement, restrictive covenant, beneficial interests behind trusts

overeaching equitable interests

equitable - interests are protected as assets

process - must be overreachable and payment normally needed to two trustees or trust corporation

still exists where title is registered

compulsory registration

LRA 1925 - creation of compulsory areas in reg which triggered upon conveyance of estates

LRA 1997 - ‘triggers’ of reg upon gifts, mortgages secured by deposit of title deeds

LRA 2002- 3 year leases registrable, allows creation of new triggering events

as a mirror principle

reg should reflect facts on the ground - s58 LRA 2002 it should be conclusive

land and title doc reflect eachother in interest of land

grays & grays “cracked mirror” - never been accurate

Harpen views

“fundamentally unattainable” due to its inability to capture informal, equitable or fact based rights, as the LRA 2002 preserves overriding interests, meaning the register in incapable of a complete mirror title

due to overriding interests not appearing on the register

chris bevan’s position on overriding interests

highlights the issue that the LRA promised a more complete register, and overriding interests is a structural contradiction

as a curtain principle

family homes - any purchaser should not be concerned with any interests behind the curtain

about free alienation - sir Benjiman Cherry behind theory, worked closely with goldberg for LPA 1925

overreaching process X automatic, our system wants overreach for ease of conveyance

insurance principle

takes accuracy of the register as it is guaranteed by the state, issue with interest holders, they can pursue 3 courses:

1 - rectification process through land registry

2 - try alter registers

3 - an indemnity process where they can recompense

mirror of title

appearance vs reality - statute meant to capture all interests and it can, but it hasnt

mirror cracked - overriding interests

take priority even if they are not on the register - schedules 1 & 3 on LRA 2002

Overriding interests reflected by the fact that when you purchase a prop, bound by such interests, could argue every short lease

overriding interests - real problem category

Lord Elgin ‘unaware of subtleties of equity’ - actual occupation needed under schedule 3 for a beneficiary interest

overriding interests

concept only in LRA 2002, interests that bind you despite not being on the register, statute does not change nature of the right protected

overreaching interests

converts interests in land to the proceeds of the sale, common to registered and unregistered title

part of conveyancing process, designed to make land easy to buy and sell, but sweeps the interest of land