land registration problem questions

Which specific statute largely governs registered land in England and Wales?

The Land Registration Act 2002.

Which two statutes primarily govern unregistered land alongside general legal principles?

The Law of Property Act 1925 and the Land Charges Act 1972.

According to the Land Law Voices source, what percentage of land titles in England and Wales are currently registered?

Approximately 86%.

What is the legal definition of 'registered land' under section 132(1) of the LRA 2002?

A legal estate to which the title is entered in the register.

In the context of land registration, what does the 'Mirror Principle' entail?

The register should provide an accurate and complete reflection of all property rights affecting a piece of land.

What does the 'Curtain Principle' dictate regarding trusts in land registration?

A curtain is drawn across the register so that purchasers do not need to be concerned with interests under a trust.

Which principle ensures that those suffering loss due to register inaccuracies are entitled to compensation?

The Insurance Principle.

Under section 58(1) of the LRA 2002, what happens if a legal estate is not actually vested in a person at the time they are entered as proprietor?

The legal estate is deemed to be vested in them as a result of the registration.

What is the primary purpose of the 'Property Register' in a registered title?

It describes the land and the estate comprised in the title, often referring to a title plan.

Which section of a registered title identifies the owner and records any restrictions on their power to dispose of the land?

The Proprietorship Register.

What information is typically contained within the 'Charges Register' of a registered title?

Burdens affecting the land, such as legal mortgages, restrictive covenants, or express easements.

Under section 1(1) of the Law of Property Act 1925, what are the only two 'legal estates' capable of existing in land?

The fee simple absolute in possession (freehold) and the term of years absolute (leasehold).

According to section 1(3) of the Law of Property Act 1925, how do all estates and interests not listed as legal take effect?

They take effect as equitable interests.

Which section of the LRA 2002 identifies dispositions that must be completed by registration to operate at law?

Section 27.

For a leasehold estate to require registration as a 'registrable disposition', it must be granted for a term exceeding how many years?

More than seven years.

What is the 'Basic Rule' of priority under section 28 of the LRA 2002?

The priority of an interest is not affected by a subsequent disposition, meaning the earlier interest generally prevails.

What is the 'Special Priority Rule' established by section 29(1) of the LRA 2002?

A purchaser for valuable consideration takes the land free from any pre-existing interests that are not protected on the register or overriding.

In the context of section 29 LRA 2002, what does 'valuable consideration' exclude?

Gifts or transfers made for nominal consideration.

How does a 'Notice' under section 32 of the LRA 2002 protect a third-party interest?

It protects the priority of the interest against a subsequent disposition for value.

Which specific type of interest is prohibited from being protected by a notice under section 33 of the LRA 2002?

An interest under a trust of land.

What is the function of a 'Restriction' (section 40 LRA 2002) in the proprietorship register?

It regulates the circumstances in which a disposition of the estate can be registered, often to ensure overreaching occurs.

Define an 'overriding interest' in the context of the LRA 2002.

An interest that binds a purchaser or proprietor even though it does not appear on the register.

Under Schedule 3, Paragraph 1 of the LRA 2002, which leases qualify as overriding interests?

Legal leases granted for a term not exceeding seven years.

What are the two core requirements for an interest to override under Schedule 3, Paragraph 2 of the LRA 2002?

The interest must be proprietary and belong to a person in actual occupation at the time of the disposition.

According to Williams & Glyn’s Bank v Boland, can a beneficial interest under a trust qualify as an overriding interest?

Yes, if combined with actual occupation.

In Link Lending v Bustard, what factors were identified as relevant to assessing 'actual occupation'?

Degree of permanence, continuity, the person's intentions, and the reason for any absence.

How did Chhokar v Chhokar clarify the requirement for 'actual occupation' during a temporary absence?

It held that continued presence is not required if there is an intention to return and some degree of permanence.

Under Schedule 3 Para 2(b), when will an interest fail to be overriding even if the person is in actual occupation?

When an inquiry was made of the person before the disposition and they failed to disclose the right.

What is the 'obviousness' safeguard for purchasers found in Schedule 3 Para 2(c) of the LRA 2002?

An interest is not overriding if the occupation would not have been obvious on a reasonably careful inspection and the purchaser lacked actual knowledge.

Define the doctrine of 'overreaching'.

A process where equitable interests are detached from the land and attached to the sale proceeds upon a disposition.

How many trustees (or trust corporations) must a purchaser pay the capital money to for overreaching to occur?

At least two trustees.

Under the Limitation Act 1980, after how many years is the paper owner's title extinguished in unregistered land via adverse possession?

12 years.

How does the LRA 2002 change the effect of adverse possession compared to unregistered land?

Title is not automatically extinguished; instead, the possessor must apply to be registered as the proprietor.

What is a 'Caution against First Registration'?

A mechanism for a person with an interest in unregistered land to be notified when someone applies to register that land.

What does the 'general boundaries' rule under section 60 of the LRA 2002 imply?

The register identifies the boundary generally but does not determine its exact line unless specifically applied for.

Which legal principle in unregistered land dictates that 'one cannot give what one does not own'?

Nemo dat quod non habet.

What is the difference between an 'Agreed Notice' and a 'Unilateral Notice'?

An agreed notice requires the proprietor's consent or proof of validity, while a unilateral notice can be entered without consent.

Define an 'easement'.

A proprietary right that allows a landowner to make limited use of another person's land for a specific purpose.

What is the 'registration gap'?

The period of time between the completion of a land transfer and its formal registration at the Land Registry.

Under Thomas v Clydesdale Bank, what level of knowledge is required for the 'actual knowledge' safeguard in Sch 3 Para 2?

Knowledge of the facts giving rise to the interest, rather than specific legal knowledge of the interest itself.

What is the 'Clean Slate' effect of section 29(1) LRA 2002?

A purchaser who registers their name starts fresh, with old unprotected interests losing their power against them.

What is a 'registrable charge'?

A legal mortgage that must be entered on the register to be fully effective as a legal interest.

What is 'demise' in the context of land law?

The grant of a leasehold estate.

Define a 'license' in relation to land.

A mere permission to do something on land that would otherwise be trespass, conferring no proprietary right.

What happens if a registration application is received by the Land Registry but the registration is never completed?

The land remains unregistered land.

Which statute governs the creation of new types of equitable interests today?

The Law of Property Act 1925 (specifically section 4(1)).

Under Schedule 3, Paragraph 3 of the LRA 2002, when can a legal easement override a registered disposition?

If it is obvious on a reasonably careful inspection, known to the person to whom the disposition is made, or has been exercised within the previous year.

What is an 'appurtenant' right?

A right that is annexed to and benefits a specific estate in land.

In the context of land fraud, what is 'dynamic security'?

A policy choice that prioritises the buyer's title over the original 'true owner' to ensure market fluidness.

What did the Law Commission report 'Land Registration for the Twenty-First Century' lead to?

The enactment of the Land Registration Act 2002.

What is the effect of section 74 of the LRA 2002 on a successful registration application?

The registration has effect from the time the application was originally made.

Define a 'profit à prendre'.

A right to take something from another person's land, such as timber, grazing rights, or fish.

Which document is usually required to create a legal estate or interest expressly?

A deed (pursuant to section 52 LPA 1925).

What constitutes 'possession' for a proprietor seeking to prevent rectification of the register?

Physical occupation of the land or receipt of rent and profits from it.

How does the LRA 2002 aim to eventually achieve 'simultaneous registration'?

Through the introduction of electronic conveyancing (section 93).

What is the 'Land Charges Register' used for?

Registering interests in land where the title itself remains unregistered.

Under the LRA 2002, what is the 'Insurance Principle' also known as?

The state guarantee of title.

Which case involved 'boarding up windows' and 'erecting fences' as evidence of actual occupation of derelict land?

Malory Enterprises v Cheshire Homes.

Why are 'trusts of the family home' considered dangerous for purchasers in registered land?

They cannot be put on the register and may become overriding interests if the beneficiary is in actual occupation.

What is a 'disponee'?

The person to whom an interest or estate in land is granted or conveyed (e.g., a purchaser).

What is the status of an easement granted by deed that has not yet been registered?

It remains an equitable easement until registration is complete.

Under Gold Harp Properties Ltd v MacLeod, is the guarantee of title conferred by registration considered absolute?

No, it is well understood not to be absolute.

What is a 'title number' in the context of registered land?

A unique identifier given to a record of land title at the Land Registry.

What is 'tenure'?

The conditions under which land or buildings are held or occupied.

Which register section would contain a 'Schedule of Leases'?

The Charges Register.

What happens to 'old interests' if they are not specifically protected during a registrable disposition for value?

They are postponed and effectively vanish as far as the purchaser is concerned.

What is the 'registration requirements' effect of section 27(1) LRA 2002?

A disposition does not operate at law until the relevant registration requirements are met.

Which court historically recognised 'equitable interests'?

The Courts of Equity.

What is an 'agreed notice' specifically used for?

Entering an interest on the register with the consent of the proprietor or the satisfaction of the registrar.

Under the 'Curtain Principle', what is the register intended to record?

Legal ownership, while hiding beneficial ownership behind the curtain.

What is a 'requisition' in the Land Registry process?

An enquiry raised by the Registry requiring an applicant to provide further information or documentation.

In unregistered land, what is 'static security'?

A system that protects the rights of the true owner even if a buyer could not have discovered the defect in title.

Which statute brought the 'Open Register' into force in 1990?

The Land Registration Act 1988.

How does the LRA 2002 view 'expressly created rights' in the context of actual occupation?

They can currently be overriding based on actual occupation, though the Act intended to limit this upon the arrival of e-conveyancing.

What defines 'absolute title'?

The best class of title awarded by HM Land Registry, providing the highest level of guarantee.

PROBLEM Q

Step 1: Identify what type of property is to be transferred (real, or personal: tangible or intangible)

Step 2: Identify how it is going to be transferred (what type of disposition: will, sale, or gift?)

Step 3: Which legal formalities apply, and have they been complied with?

Step 4: Can Equity assist to complete the transfer? (See Equity lectures in weeks 5 and 6)]

Final step: what will happen to the property? (in whose hands will it end up?)