Land Registration: Historical Challenges and Systems
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Questions and Answers

Which interests are specifically excluded from protection by the entry of a notice under S33 LRA 2002?

  • Easements for a term longer than 3 years
  • Leases exceeding 7 years
  • Interests under a trust (correct)
  • Overriding interests not registered

    • What is defined by S40 LRA 2002 as an entry in the register that regulates the circumstances of disposition of a registered estate?

  • A restriction (correct)
  • A notice
  • An overreaching clause
  • An interest

    • What type of interests can be enforced as overriding interests despite not being protected on the register?

  • Family home rights under the family law act 1996 (correct)
  • Interests under a trust
  • Easements of any duration
  • Leases for a term of 3 years or less (correct)

    • What is the primary function of a restriction in relation to a registered estate?

    <p>To prevent the registered proprietor from disposing of the estate without conditions</p> Signup and view all the answers

    Which of the following correctly describes overreaching?

    <p>The process wherein equitable interests are detached from land upon sale</p> Signup and view all the answers

    Which statement accurately describes the nature of a proprietary interest in land?

    <p>Only interests capable of being protected on the register can qualify.</p> Signup and view all the answers

    In the context of land registration, what does actual occupation provide?

    <p>It secures rights against any purchaser without registration.</p> Signup and view all the answers

    What key principle was established in the case of Williams & Glyns Bank Ltd v Boland regarding actual occupation?

    <p>Successful overreaching requires involvement of at least two trustees.</p> Signup and view all the answers

    According to the principles of land registration, what must a purchaser do before acquiring a property?

    <p>Make inquiries regarding actual occupation of the premises.</p> Signup and view all the answers

    What determines the status of an interest holder who is in actual occupation according to the old law LRA 1925?

    <p>Their interest is given overriding status despite registration status.</p> Signup and view all the answers

    What did the court confirm in the case of BOLAND regarding interests that could be protected?

    <p>Interests can have dual status if not registered but in occupation.</p> Signup and view all the answers

    What is a key concern regarding the determination of good title in unregistered land?

    <p>Evaluating the status of interests relies heavily on deeds and evidence.</p> Signup and view all the answers

    What aspect of disposition is emphasized in relation to the knowledge of the person receiving the interest?

    <p>Lack of knowledge could result in loss of rights upon disposition.</p> Signup and view all the answers

    What was the key issue in Abbey National Building Society v Cann regarding actual occupation?

    <p>The specific timing of actual occupation relative to registration.</p> Signup and view all the answers

    Which of the following statements about overriding interests is TRUE?

    <p>A party can claim an overriding interest even without protection on the register.</p> Signup and view all the answers

    What role does actual occupation play in property rights under the Land Registration Act?

    <p>It can sometimes create an overriding interest despite the absence of registration.</p> Signup and view all the answers

    What must happen for actual occupation to be recognized under LRA 2002?

    <p>Occupants must be physically present at the time of registration.</p> Signup and view all the answers

    What can influence the determination of actual occupation in legal disputes?

    <p>The ability to provide evidence of physical presence in the property.</p> Signup and view all the answers

    Why was the mother's claim to enforce her interest in the property rejected?

    <p>Her interest was not registered in time.</p> Signup and view all the answers

    In the context of land agreements, what does an interest capable of protection on the register imply?

    <p>The interest holds priority over any subsequent interests.</p> Signup and view all the answers

    Which principle regarding actual occupation is influenced by the case law pre-2002?

    <p>Case law interpretations serve to guide the understanding of actual occupation.</p> Signup and view all the answers

    What constitutes preparatory acts that do not establish actual occupation?

    <p>Moving furniture into the property before the transfer date.</p> Signup and view all the answers

    What is required for an equitable interest to be overreached?

    <p>There must be a conveyance to a purchaser of a legal estate.</p> Signup and view all the answers

    What effect would allowing claims of actual occupation post-transfer have on purchasers?

    <p>It could unfairly bind purchasers to undisclosed interests.</p> Signup and view all the answers

    Which of the following interests is excluded from being overreached under s2(3) LPA 1925?

    <p>Estate contract</p> Signup and view all the answers

    What scenario would not allow an equitable interest in actual occupation to override a registered disposition?

    <p>The interest holder fails to physically occupy the land.</p> Signup and view all the answers

    Which of the following dispositions must be completed by registration to operate at law according to the LRA 2002?

    <p>Transfer of a registered estate</p> Signup and view all the answers

    What statutory condition must be satisfied for overreaching to occur?

    <p>At least two trustees or a trust corporation must handle the funds.</p> Signup and view all the answers

    Which of the following options best describes the type of interests capable of protection on the register?

    <p>Interests that cannot be substantively registered</p> Signup and view all the answers

    Which of the following is NOT classified as an overriding interest under LRA 2002 Sch 3?

    <p>Valid contracts for sale of land</p> Signup and view all the answers

    What does para 2 of Sch 3 LRA 2002 highlight regarding actual occupation?

    <p>It overrides registered dispositions unless exceptions apply.</p> Signup and view all the answers

    What is a consequence of not registering an interest that is meant to be protected?

    <p>The interest will lose its priority</p> Signup and view all the answers

    Which of the following statements about equitable interests is true?

    <p>Equitable interests can coexist with legal interests.</p> Signup and view all the answers

    What is required for an unregistered interest to be binding on a purchaser of registered land?

    <p>Entry of notice on the register</p> Signup and view all the answers

    What is the role of the 'mirror principle' in land registration?

    <p>It conveys that the register provides an accurate view but may not include all interests.</p> Signup and view all the answers

    Which of the following is NOT an example of an unregistered interest that can override a registered estate?

    <p>Lease granted for more than 7 years</p> Signup and view all the answers

    Which of the following interests are explicitly excluded from being protected by notice according to the LRA 2002?

    <p>Interests under a trust</p> Signup and view all the answers

    Under which circumstance can an interest in actual occupation fail to override a registered disposition?

    <p>If the interest is subject to a lease longer than 7 years.</p> Signup and view all the answers

    What type of interest is protected by local land charges under LRA 2002?

    <p>Rights that affect the use of land due to public interests.</p> Signup and view all the answers

    What is one of the purposes of the property register as defined in the legal framework?

    <p>To provide a detailed description and identify the title of the land</p> Signup and view all the answers

    Which statement correctly reflects the status of interests not registered under the LRA 2002?

    <p>They are binding on any acquirer of interests in registered land</p> Signup and view all the answers

    Which type of legal documentation is NOT required for the registration of a long-term lease exceeding 7 years?

    <p>Public announcement of lease terms</p> Signup and view all the answers

    Which of the following accurately describes the concept of 'notice' in land registration?

    <p>An entry that protects the priority of rights against successors</p> Signup and view all the answers

    Study Notes

    Land Registration

    • Land registration, especially in the 18th and 19th centuries, faced challenges relating to family trusts, particularly regarding inheritance.
    • Issues for wives in family trusts surfaced when they were unable to be identified as beneficiaries or trustees, leading to equitable disputes over matrimonial assets, particularly prominent in divorce cases in the 1940s and 1950s.
    • The majority of land dealings now involve registered land principles.
    • The title to land is recorded, managed, and overseen by a Land Registry.
    • This land registration system is categorized as title registration.
    • The Torrens title system, developed in South Australia, inspired the registration of ships to a system of colonial land registration.
    • The Real Property Act 1858 and other legislation led to today's national registered land title system.
    • The previous system of title deeds conveyancing relied on physical copies of title deeds to determine ownership.
    • Registration of land became compulsory across England and Wales by December 1990 for all unregistered titles.
    • The Land Registration Act 1925 provided the foundational structure, though flawed, for land registration. This structure was refined in the 2002 act.
    • The 2002 act significantly improved the system and expanded the categories of interests that can be registered.
    • The register records fundamental details about the property including its title, freehold or leasehold, and the planned map from OS (Ordnance Survey).

    Why Register Land

    • Land registration protects purchasers by ensuring the land is free from encumbrances like mortgages or other claims.
    • This approach offers protection for all the interested parties involved in a land transaction.
    • Registration safeguards land transactions by clearly documenting ownership and potential liens.

    Types of Registrable Estates

    • Only certain legal estates (freeholds and leaseholds of more than seven years) are substantively registrable.
    • Interests not registrable must still be registered to be legal.
    • Dispositions of registered estates, leases of more than seven years, expressly created legal easements, and legal charges(mortgages) are registrable.

    Other Third-Party Interests

    • Some third-party interests, while not directly registrable, can be protected on the register.
    • These interests are protected by being registered against the estate they affect.
    • These include trusts, leases of three years or less, and restrictive covenants.

    Unregistered Interests That Override

    • Certain unregistered interests override registered interests.
    • Short leases (seven years or less), implied legal easements, and the interests of people actually occupying the land are examples.

    Registration Requirements

    • The Land Registration Act 2002 demands subsequent dealings with registered land be completed through registration.
    • Sections 27 and 29, in particular, list registrable transactions and impact order of rights.
    • The disposition might not be legally valid until registration is completed.

    Notice and Restrictions

    • The LRA 2002 protects third-party interests through notice or restrictions in the register to specify conditions in which dispositions can occur.
    • Notices are entries in the Charges Register to protect certain interests.
    • Restrictions are entries recorded in the Proprietorship Register and restrain the disposal of a property unless certain conditions are met.

    Overreaching

    • Overreaching applies primarily to equitable interests arising from a trust.
    • It detaches equitable interests from the land and allows the registered owner to transfer it as beneficial ownership.
    • For overreaching to succeed, the conditions in section 2 LPA 1925 regarding payment of money or the transfer of land to two trustees or more must be met.

    Overriding Interests

    • Interests not recorded on the register but still legally binding on purchasers, especially those in actual occupation, are considered overriding interests.
    • Defining actual occupation is important for these overriding interests to be legally enforceable.

    Key Cases

    • Williams & Glyn's Bank Ltd v Boland (1981): Established that a wife's actual occupation of a property grants her an overriding interest.
    • Abbey National Building Society v Cann (1991): Established that actual occupation requires more than mere presence. Preparatory actions to move in are insufficient.
    • Strand Securities v Caswell (1965): Emphasized the need for physical presence for actual occupation to be considered overriding.
    • Link Lending v Bustard (2010): Confirmed that a persistent intention to return to a property, despite absence, can be considered actual occupation.

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    Related Documents

    Week 3 Land Registration Exam Notes PDF

    Description

    Explore the evolution of land registration from the 18th and 19th centuries and the challenges surrounding family trusts and inheritance. This quiz delves into the shift towards a national registered land title system and the significance of legislation like the Real Property Act 1858. Understand how historical practices like title deeds conveyancing paved the way for modern title registration methods.

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