Registration of title to land

Land registration addresses drawbacks of the unregistered system (document loss, expense, time).
The Land Registration Act 1925 introduced land registration.
It distills relevant information from title deeds into a register of title.

Property Register: Address, freehold/leasehold status, rights benefiting the property.
Proprietorship Register: Identifies the legal estate holder.
Charges Register: Negative aspects like mortgages or restrictive covenants.
Each property gets a unique title number and title plan.

Unregistered title holders can voluntarily register.
Registration is required upon specific triggering events.
Key date: January 12, 1990 - when the whole country became compulsorily registerable.
Post-12/01/1990 transactions involving triggering events require the buyer to apply for registration.
Triggering Events:
- Conveyance on sale
- Assent
- Deed of gift
- Grant of a lease of more than seven years
- Assignment of an existing lease with more than seven years remaining.
Registration application deadline: two months from the date of completion.
Failure to register within two months voids the transfer, reverting the legal estate to the transferor.

Submit list of documents with the appropriate fee to the land registry.
The Land Registry summarizes property information and creates the register of title.

Land Registry assesses provided documents to ensure the buyer has a good title.
Title class is assigned based on examined documents.
- Title Absolute: Best form, applies to freehold and leasehold estates. Owner receives the legal estate with all benefiting interests.
- Qualified Title: Title has some qualification; very rare.
- Possessory Title: Based on possession, not documentary evidence. Often issued in adverse possession cases. Land Registry acknowledges occupation but lacks documentary proof.
- Good Leasehold Title: Issued when leasehold title documents are provided, but landlord's freehold title is not.

Possessory Title to Title Absolute: If unchallenged for twelve years, the possessory title can be upgraded as a result of the curative effect of registration
Good Leasehold Title to Absolute Leasehold Title: Requires producing documents showing the landlord's freehold title.

Certain estates can be substantively registered, giving them their own register and title number.
This contrasts with party interests, which appear on existing registers.
Estates that can be substantively registered:
- Freehold and leasehold estates
- Rent charges
- Franchises
- Profits à prendre in gross

Parties with an interest in unregistered land can apply for a caution against registration.
The Land Registry creates a separate title register for the caution.
The cautioner is notified if someone applies to register the land.
A valid reason is needed to register a caution; it cannot be done out of mere curiosity.

Post-registration, old unregistered title deeds lose legal effect and become pre-registration deeds.
All subsequent dealings (dispositions) must be perfected by registration.
Title passes on registration and not on completion.
Title passes from seller to buyer on completion
In the unregistered System title passes from seller to buyer on completion. In the registered system, though, title passes on registration.

Party interests are protected by including them on the register of title.
They announce the rights to the world.
Interests can appear as charges or be protected by notices or restrictions
Anyone should be able to obtain a copy of the register and see not only who owns a piece of land, but also how that ownership may be limited by other parties' interests.

Notices: Record burdens affecting the property such as estate contracts or restrictive covenants.
Restrictions: Restrict dealings with the property, protecting behind-the-scenes beneficial interests (common in co-ownership situations).

Party interests in registered land that bind a buyer even if not on the register.
Exists only in registered land.
Goes against the mirror principle
Examples include legal leases for seven years or less and unregistered legal easements, but the most relevant is the interest of persons in actual occupation.
For an interest to be overriding
- Person must be in actual occupation.
- Person must have some property rights in the land.
Example: A spouse who contributed to the purchase price but isn't on the title has a behind-the-scenes interest and is in actual occupation.
Overriding interests are very important and examinable.

Acquiring title through physical possession, not documentary evidence.
The system in Registered land ensures registered proprietor finds it difficult to lose their title to land.
Adverse possession refers to the possession of documentary evidence, whether registered or un registered.

The limitation act 1980 does not apply to the registered system.
The system is different for registered land.
Minimum adverse possession period is ten years.
Squatter must prove actual physical possession, exclusive possession, and possession without landowner's permission.
Landowner receives notice of the application and can object, preventing the squatter from gaining title.
This contrasts with the unregistered system where the landowner cannot challenge after twelve years.

The landowner usually prevails
Squatter may gain title if it's unconscionable for the owner to dispossess them (e.g., landowner knew about the squatter's construction on the land).
Squatter may be entitled to register the land.
Squatter or registered proprietor may be entitled of a reasonable mistake as to boundaries.
Adverse possession rules differ significantly between registered and unregistered systems.

Mortgage: Charge on the charges register.
Right of way: Charge on the charges register.
Behind-the-scenes beneficial interest: Restriction on the register.
Occupying wife with contribution: Potential overriding interest not on the register.