registration of property rights

Ruoff’s 3 principles of land registration

1. mirror principle

2. curtain principle

3. insuance principle

mirror principle

Register should reflect the totality of the rights and interests affecting a registered title

insurance principle

Accuracy of the register is guaranteed by the state; any inaccuracies will be altered / rectified, and any person adversely affected will be compensated

curtain principle

Purchaser of land need not be concerned with any interests that do not appear on the register 

3 registers

1. property register

2. proprietorship reigster

3. chargers register

property register

shows the buyer what they are buying - land and legal estate in the title

proprietorship reigster

identifies current owner, class of title and any restrictions that limit the owners power to sell or mortgage the land

charges register

any charges or restrictions affecting the land eg. restrictive covenants, mortgages, easements

substantive registration meaning

becoming the legal owner through registration

which estates can have their own registered title

• legal freehold

• legal leasehold

when MAY a lease be substantively registered?

if more than 7 years remain on the lease

when MUST a lease be substantively registered?

when a new lease is granted for more than 7 years from the date it is created

s.23 LPA 2002 - owners powers

the registered owner of the land has full powers to deal with the property —> power to make dispotitions and power to charge the estate

s.24 LPA 2002 - who can exercise the owners powers

the powers can be exercised by 1. the registered proprietor or 2. a person entitled to be registered as proprietor

s.58(1) PLA 2002 - title by registration

registration gives legal title

s.40 LPA 2002

restrictions

what is a notice

warning on the register that a third party has an interest in the land, so anyone dealing with the land is aware of it

chargers register

records interests that affect the land- eg. mortgages, easements, minor interests

difference between an alteration and rectification

alteration = correction a mistake or bringing the register up to date

rectification = only applies when correcting a mistake or prejudicially affects the title of a proprietor

proprietor in possession rule - such 4, para 3

register can not be rectified against an owner in possesion without thier consent uless they contributed to the mistake by fraud/lack of care, or it would be unjust for the altercation to not be made