Week 3 Land Registration Exam Notes PDF

**[Week 3 REGISTRATION OF LAND]** - During the 18^th^ century, land registration posed challenges, particularly with the use of family trusts, a mechanism designed to allow daughters to inherit land in large landed families. By the early 20^th^ century, issues arose when husbands and...

**[Week 3 REGISTRATION OF LAND]** - During the 18^th^ century, land registration posed challenges, particularly with the use of family trusts, a mechanism designed to allow daughters to inherit land in large landed families. By the early 20^th^ century, issues arose when husbands and wives sought to purchase property together. The trust for sale mechanism, which assumed there would be two trustees (typically husband and wife), also presumed both would act as beneficiaries. However, in the late 18^th^ century and early 19^th^ centuries, only the husbands name appeared on the title deed, effectively leaving the wife without legal standing as a trustee. This imbalance became especially problematic in the 1940s and the 1950s, as divorce became more common and disputes over matrimonial property intensified. In such cases, if the wife was not a legal trustee, she often held, at best, an equitable interest in the proceeds of sale, leaving her and her children without legal rights to the home. To address these social issues, the English High Court, under the influence of figures like Lord Denning, became intervening through case law from 1950s onwards. - Vast majority of dealings with land now engage registered land principles. What we talk about of land being registered is that title to the land (in other words, the estate in land, the right of ownership) has been recorded in register that is maintained, controlled, and overseen by Land Registry, HM land registry, which is responsible for administering the register. The land registration system is more precisely a system of title registration than registration of land per se. Title registration regime derives from the Torrens title system of registration devised by Sir Robert Torrens in the british colony of province of south Australia in 1858. Torrens took inspiration from the Merchant Shipping Act 1854 and adapted its principles on the registration of ships to the context of colonial land. Ultimately this led to the enactment of the Real Property Act 1858, and the emergence of a real property system with a national register of titles and every plot of land being assigned an identification number. - The registration system seeks to tidy up and improve upon the old system, known as 'title deeds conveyancing' whereby land ownership was determined by whoever held the physical paper copy title deeds to the land in question. - It was not until 1 December 1990 that it was made compulsory across the entirety of England and wales that on sale of land, all unregistered titles must be registered. - The LRA 1925 continued to supply the framework for registration until the 2002 act, bringing many pieces of land onto the register, but it was flawed. The Law Commission noted that the 1925 statute was both badly drafter and lacked in clarity and whilst it has been made to work, this was in spite of rather than as a result of its legislative structure. - A key component of the 2002 act and a marker of the statute's significance was the further expansion it introduced in the categories of triggering events for registration. They are designed broadly to catch many transactions involvoing land beyond sale, thus bringing even more unregistered land onto the register. **Why Register land?** Well when land is purchased, we (the purchaser) want to know that what we are buying is free from other rights such as mortgages, rights of way, or other individuals' rights that may burden it. Registration of land therefore serves as a form of protection for purchaser and interest holders. **Substantively registrable estate:** only legal estates are capable of being substantively registered; freehold and leasehold, failure to complete registration will mean the transferee can only obtain an equitable title in the land. Substantive registration means that these estates are registered in their own rights, generate separate title, and are provided with their own distinct title number. According to the LRA two legal estates which are capable of substantive registration: legal fee simple (freehold) and the legal terms of years (leasehold) granted for more than seven years. Where land is registered, a transfer of a freehold estate or the granting of a lease of more than 7 years out of the registered estate will constitute a registrable disposition and the disposition must be completed by registration if it is to operate at law. **Interests which although not substantively registrable must be completed by registration to be legal:** s27 LRA 2002, lists a series of dispositions (dealings with land) which are 'required to be registered' these dispositions can only *operate at law* if they are completed by registration and the relevant requirements are met. These registration requirements are provided in Sch 2 of the Act, examples of registrable dispositions include: the transfer of a registered estate, the grant out of a registered estate of a lease of more than 7 years, or an expressly created legal easement of legal charges (mortgage). **Other third party interests capable of protection on the register:** these interests which are not required to be registered, cannot be substantively registered, but can, nevertheless, be protected by registering them against the estate they affect. By protection, we mean priority, will be binding against successors. Under the LRA 1925, these interests were named 'minor interests' but the LRA 2002 abandons this terminology. **Protection is achieved by entering NOTICE** which ensures the priority of the right. If not registered, the interests will lose priority and will not be enforceable against a purchaser of the land they effect. Pretty much all property interests in land can be protected this way, except a few listed, which are interests under a trust, leases granted for three years or less, and restrictive covenants between lessor and lessee. (s33 LRA 2002) **Unregistered interests which override:** although not registered and not appearing on the register, are nonetheless binding on any person who acquires an interest in registered land whether on first registration of land or where there has been a registrable disposition of a registered estate completed by registration. These interests are provided for in Sch 1 and Sch 3 of the LRA 2002, and include short leases of seven years or less, implied legal easements, and the interests of people in actual occupation of the land. **The nature of the register:** **The property register** -- provides a description of the land; identifies the title, freehold or leasehold; makes reference to a plan prepared from an OS map; details interests benefiting the land e.g. easements, covenants, priviledges; where leasehold, details the terms of the lease **The Proprietorship Register** -- details the class of title: absolute, qualified, possessory, good leasehold; details of the name, address of registered proprietor(s), date of registration, and price paid for the title; details any restrictions on the registered proprietors ability to deal with the land **The Charges Register** -- Details third party rights adversely affecting the title such as registered charges (mortgage), restrictive covenants, and easements **LRA 2002 provides that subsequent dealings with registered land must be completed by registration. Section 27 LRA 2002 lists the following as registrable dispositions:** - The transfer of a registered fee simple - The transfer of a registered lease (of any duration) - The grant out of a registered estate of a lease for a term exceeding seven years - The grant out of a registered estate of a lease to take effect after three months from the date of grant -- a so called, 'reversionary lease' - The grant out of a registered estate of a discontinuous lease - The grant or reservation of a legal easement - The grant of a legal charge/mortgage The requirements for registrations are provided in Sch 2 LRA 2002. Section 27(1) sets out consequences of a failure to complete registration: the disposition will NOT operate at law. In other words, the disposition will have no effect at law until registration is complete, and at best, will take effect in equity. **The effect of a registrable disposition: the priority rules:** - The priority rules are provided under ss28 & 29 LRA 2002. - S28 lays down the basic rule of priority which provides that whether an interest affecting registered land is binding is determined according to its date of creation: earlier-created interests take priority over later dispositions - S29 provides a significant exception, s29(1) and (2) work like this, if there is a registrable disposition of a registered estate and that disposition is made for valuable consideration (i.e. money is paid) and the disposition is completed by registration, that disposition will take priority over any pre-existing proprietary rights affecting the land except: (1) a registered charge or those pre-existing interest which are protected by the entry of notice on the register; (2) any overriding interests under Sch 3; or (3) any interest excepted from the effect of registration. - If all four elements of s29 are satisfied the disponee (the person to whom the disposition is made) will not be bound by unprotected, pre-existing interest but will be bound by any earlier interest protected by entry of a notice or any interests which amount to an overriding interest under Sch 3. - S29 only means that it takes priority over those prior unprotected interests. - The list in s29 of the LRA contains three items that will bind a purchaser; first, if the title is leasehold, the purchaser takes the land subject to any obligation laid upon the tenant by the lease itself. Second item, namely anything appearing on the register -- this refers in particular to burdens on the registered title, that is, non-ownership rights which have been protected by being entered on the register such as legal easement or a mortgage security. - These are rights that can only be created by registration -- they simply cannot exist unless appear on register. A diagram of a flowchart Description automatically generated **Notice:** - The LRA 2002 protection for third party interests, is by two methods: notice and restriction - Notices protect the priority of rights where a disposition is made under s29 LRA 2002 whereas restrictions limit the circumstances in which a s29 disposition can be made at all - Notices according to s32 LRA 2002 are defined as 'an entry in the register in respect of the burden of an interest affecting a registered estate or chare' - Notices are entered in the charges register against the registered title they affect. - S33 LRA 2002 specifies which interests cannot be protected by entry of a notice: interests under a trust (these interests can, however, be protected by entry of a restriction); leases granted for a term of 3 years or less (but these interests are protected and will be enforceable as overriding interests); restrictive covenants made between a lessor and lessee (these interests are governed by a distinct statutory regime outside the LRA 2002) - Broad range of interests that CAN be subject of a notice: easements, leases of more than 3 years but less than 7, family home rights under the family law act 1996, estate contracts, restrictive covenants, rights arising from a claim to proprietary estoppel **Restrictions:** - A restriction provides for limitations on the powers of disposition of the registered proprietor in relation to the registered estate, for example selling it - S40 LRA 2002, defines a restriction as an entry in the register regulating the circumstances in which a disposition of a registered estate or change may be the subject of an entry in the register - In practice, a restriction operates by restraining the proprietor in some way and by preventing entries on the register unless certain conditions are met - Restrictions are entered in the proprietorship register - Restrictions commonly arise where there are two legal owners of land and so the land is held under a trust. In order to protect their interests, the owners may enter a restriction to ensure that overreaching takes place in the event the land is sold. This restriction would provide that there can be no disposition of the land (i.e. sale) by a sole proprietor. The upshot of this restriction is that, if the land were sold the sale would only take place if it were made to two proprietors which would mean purchase money would be paid to at lease two trustees and overreaching would operate. - Overreaching is concerned with the detachment of equitable interests from land. It is most commonly relied upon as a defence by purchasers as a means of proving or guaranteeing that they have acquired the land free from beneficial interests under a trust. - Overriding interests, on the other hand, are asserted by interest holders to argue they have an interest which is binding on a purchaser despite that interest not having been protected on the register. **[Creation/Transfer of Legal estate or legal interest in land:]** Formalities -- Law of Property (miscellaneous provisions) Act 1989 s1 **Contract for the sale of land must be in writing:** LP(MP)A 1989 s2 LP(MP) A s 2(1): 'A contract for the sale or other disposition of an interest in land can only be made in writing and only be incorporating all the terms which the parties have expressly agreed in one document or, where contracts are exchanged, in each.' **Exception to the above requirement:** LPA 1925 s54(2) - The rule about putting interests in writing does **not** apply to short leases. - A lease can be created verbally (by parol) if: - It starts immediately (takes effect in possession). - It lasts for **three years or less**. - It is at a fair market rent (best rent reasonably obtainable). - There is no upfront payment (fine), which could imply that the lease was artificially manipulated to favor one party. **Summary:** - **LPA 1925 s1(1)** -- 2 legal estates - **LPA 1925 s1(2)** -- 5 legal interests - **LPA 1925 s1(3)** -- anything else equitable - **LPA 1925 s52** -- need a deed for a legal estate/interest in land - **LPA 1925 s54(2)** -- an exception for the need for a deed (the short lease) **[Protecting those rights (registered land) ]** Registered land first introduced in 1862 under the Land Registry Act 1862 -- the land register should represent as clear and comprehensive picture as possible of the interests affecting the land **Land Registration Act 2002:** - Primary source for the title registration system in England and Wales - LRA 2002 replaces the Land Registration Act 1925 (LRA 1925) which had not been that effective securing registration - Only in 1990 was it made compulsory that previously unregistered land, upon sale, must be registered. Today in 2023, somewhere between 10-14% is unregistered. **Aims of LRA 2002:** - To be a **mirror** (accurate reflection of all rights and interests affecting title) - To be a **curtain** (register to be only source of information for potential purchasers who need not to worry what is behind the curtain, such as e.g. trust) - To be an **insurer** (if the mirror is cracked then the state should bear the cost of indemnifying the innocent purchaser in the form of compensation) - These principles provide a means of assessing or examining the efficacy and priorities of systems of title registration **General aims of a system of registered land:** - All registers have a central objective in mind, namely providing a clear and comprehensive account of the interests they seek to record (Bevan) - A land register provides interested parties, including those intending to purchase a parcel of land, with the opportunity to find out more about a particular plot of land and to determine whether the party selling has the power to do so and whether the land to be purchased will be acquired free from or encumbered by pre-existing rights operating over it. (Bevan) - Aims of land registration (BEVAN): - To provide a complete and accurate reflection of the state of the land at any given time so that title to land can be investigated with the minimum additional enquiries and inspections. - To remove the cost and drudgery of investigation of the root of title and documents of title under title deeds conveyancing (in unregistered land, a purchaser must search through the vendors documents of title, the vendor must demonstrate at least 15yrs of good title which the purchaser must then inspect - To reduce the risk of fraud and protect a purchaser from acquiring land from a vendor who does not have good title to the land - To alert potential purchasers to any property rights that burden the land - To standardise, clarify, and generally improve conveyancing process - To support the market and benefit the economy - The idea that a registration system can provide watertight security for titles is, sadly an elusive deal and when building a system of registration compromises must be made between competing parties with often competing interests. In examining this, Demogue helpfully distinguished between a view of land as static security and dynamic security. The static security view of land favours protecting the title of the original owner of the land against subsequent purchasers and holds that owners should not be deprived of their rights by the acts of third parties without that owner's consent. In contrast, the dynamic security view favours protecting subsequent purchasers of land and seeks to protect purchasers reasonable expectation of acquiring land free of unknown burdens and defects. A land registration system seeks to balance both static and dynamic security in the trade-off between owners and purchasers of land. **List of Registrable Dispositions LRA 2002 s27(1) and (2): the following examples of rights that can be protected by entry of a notice on the register under LRA 2002 s32-39:** - Easements - Leases of less than 7 years but more than 3 - Restrictive covenants (some exceptions) - Spouse's right to occupy matrimonial home - Rights arising under a claim for proprietary estoppel **Exceptions** which cannot be the subject of protection through notice -- **LRA 2002 s33:** - An interest under a trust or settlement - A lease granted for 3 years or less **Registration requirement for dispositions LRA 2002 s27(1):** - If a transaction involving a registered estate (land or property registered in land registry) or a registered charge (like a mortgage) **requires registration** to be legally valid, it wont take effect at law until the registration is complete - In short, until the registration process is finished, the disposition doesn't happen legally **Dispositions that require registration s27(2):** - Transfer of ownership - Grant of a lease (terms of years absolute): if the registered estate involves land, certain leases must also be registered: -leases for more than 7 years -leases taking effect more than 3 months after the grant -leases with discontinuous possession (time share property) -leases granted under the right to buy provisions of the housing act 1985 -disposal by the landlord under specific conditions where the tenant is no longer a secure tenant (housing act 1985) - Franchise or manor (if the registered estate involves a franchise (a right granted by the crown) or a manor (historical property type), the grant of lease also requires registration) - The express grant or reservation of certain interests in land (like easements) must be registered if they fall under s1(2)(a) LPA 1925, except for those capable of being registered under the Commons Act 2006 - Other specific interests in land (like rentcharges, profits a prendre, or rights to minerals) granted or reserved under s1(2)(b) or (e) of the LPA 1923 also need to be registered - Grant of a legal charge must be registered to take effect **Overreaching:** Two requirements for overreaching to operate must be satisfied: 1. There must be an equitable interest capable of being overreached 2. The statutory conditions for overreaching must be met s2, s27 LPA 1925. - S2 LPA 1925 tells us which interests can be overreached and which interests under s2(3) are excluded. S2(3) provides for example, that an equitable lease, equitable easement, or an estate contract can never be overreached. - Overreaching as applying principally to equitable contribution based interests arising under a trust - In addition to the requirement for an overreachable interest, the statutory conditions for overreaching must be fulfilled: s2(1) LPA 1925 there must be a conveyance to a purchaser of a legal estate in land; purchase/mortgage monies must be paid to a least two trustees or a trust corporation (s27 LPA 1925) **Overriding interests: LRA 2002 Sch 3** These are interests which do not appear on the register and sit behind the purchaser acquiring registered land. These in short are overriding interests and automatically binding on the registered proprietor. LRA 2002 Sch 3 lists several interests that override registered dispositions. These include: - Lease not exceeding 7yrs (Para 1) - Interests of persons in actual occupation of the land (Para 2) - Legal easements/profits a prendre (para 3) - Local land charges (para 6) **Overriding interest to protect persons in occupation -- LRA 2002 Sch 3, para 2:** Interests of persons in actual occupation of the land such as family member/cohabitee etc which override a registered disposition, listed in the schedule of the statute. This is a potential problem, because overriding interests are ones which bind a purchaser even though they are not on the register. The mirror tells the truth, but not the whole truth. **Overriding interest by virtue of actual occupation steps:** 1. Qualifying interest + Actual occupation 2. Interest will be overriding: unless either of Sch 3, para 2 exceptions apply 3. Inquiry was made and interest not disclosed when it was reasonable to do so Sch 3 Para 2(b) OR occupation would not have been obvious on a reasonably careful inspection at the time of disposition Sch 3, Para 2(c)(i) + Person to whom disposition is made does not have knowledge of the interest at the time of disposition sch 3 para 2(c)(ii) - Only proprietary interests rather than purely personal rights are qualifying interests: Scott v Southern Pacific Mortgages Ltd (2014) - Interests which are capable of being protected on the register can enjoy a 'dual status' and also amount to overriding interests if coupled with actual occupation: the court in BOLAND confirmed that an interest which could be protected -- for example, by the entry of a restriction or notice -- but was not so protected, could nevertheless still amount to an overriding interest. **Meaning of Actual Occupation -- old law LRA 1925 s70(1)(g):** - Prioritise the people who had registered interests in land against those who did not and may have had rights over actual occupation of the land. The unregistered land was subject to vagaries to determining good title through ascertaining the status of the interests in the evidence of a deed. - Under this old law, this section of the statute operated as an interest of a person in actual occupation was given overriding status. **Strand Securities v Caswell \[1965**\]: Lord Denning, said the purpose of the law was to protect a person in actual occupation from losing their rights in the shadow of registration by a new purchaser. Lord Denning: 'fundamentally, its object to protect a person in actual occupation of land from having his rights lost in the welter of registration. He can stay there and do nothing. Yet he will be protected. No one can buy the land over his head and thereby take away or diminish his rights. It is up to every purchaser before he buys to make the inquiry on the premises. If he fails to do so, it is at his own risk' **Williams & Glyns Bank Ltd v Boland \[1981\]:** occupation is a question of fact -- what is required is physical presence on the land. Successful overreaching requires payment of monies to at least two trustees. Where a beneficial interest has not been overreached, and the interest holder is in actual occupation of the land, it will bind a purchaser as an overriding interest. **Facts:** Michael Boland was the sole registered legal owner of Ridge Park, a matrimonial home which he shared with his wife, Julia. Michael secured a loan against the property from Williams and Glyn's bank by the way of mortgage to finance his building company. He subsequently fell into arrears and defaulted on repayments. The bank sought possession of the property. Julia, who had made a substantial financial contribution to the purchase price of the home, argued that she thereby enjoyed a contribution-based equitable interest under a trust of land and that, because she was occupying the home, the bank was bound by her interest which amount to an overriding interest **Legal Issue:** Does a spouse with a contribution-based equitable interest in a matrimonial home but who is not a registered legal owner of that property have an overriding interest which is binding on a mortgagee? Was Mrs Boland in actual occupation for the purposed of the then applicable provision s70(1)(g) LRA 1925 **Judgment:** CoA reversed the decision finding that Julia was in actual occupation under s70(1)(g) and enjoyed an overriding interest which was binding on the bank. Lord Denning, delivering the leading judgment, rejected the view that a wide could not be in actual occupation when her husband was the sole legal owner of the property. These views, he added, 'would have been true a hundred years ago when the law regarded husband and wife as one: and the husband as that one. But they are not true today'. The bank then appeals to HoL, where the CoA decision was upheld. Julia enjoyed a proprietary interest in the land coupled with actual occupation. Her interest had not been overreached as mortgage moneis were advanced to just one trustee. Discussing the meaning of actual occupation, Lord Wilberforce urged that the words be given their plain English interpretation and that what was required was evidence of physical presence on the land. Any suggestion that a wife's occupation was a mere shadow of her husband's occupation was an outmoded view and heavily obsolete. The court also rejected the banks assertion that, to fall within s70(1)(g), occupation had to be inconsistent with the title of the legal owner, here Michael. This suggestion was unacceptable and amounted to a rewriting of the paragraph. Instead, the paragraph should be read as with common sense for what it says. The banks charge on the bolands matrimonial home was therefore subject to julia's binding overriding interest. The court confirmed that an interest capable of protection on the register (here by way of restriction) but which had not been so protected could nevertheless still amount to an overriding interst. **Abbey National Building Society v Cann \[1991\]:** **Degree of permanence and continuity required to establish actual occupation**. The relevant time to establish actual occupation for the purpose of Sch 3 Para 2 is the time of competion. Actual occupation will not be established upon mere preperatory acts to occupy. **Facts**: a property was purchased with the aid of a mortgage by Cann, who was going to occupy it along with his mother. On the day of purchase, and thus when the charge in favour of the building society was being created, the mother was out of the country, although 35 minutes before completion, removal men starting moving her belongings into the property. The charge was not completed by registration until one month later, by which time the mother was in physical occupation of the property. When her son defaulted on mortgage payments, and the building society sought possession, it was held that the mother was unable to enforce her interest in the property as an overriding interest under Sch 3 Para 2 equivalent that existed under the LRA 1925, which was in force at the time. Despite her being in actual occupation at the time of registration, the relevant time was held to be that date of transfer. To allow otherwise would be unfair to a purchaser who, having inspected the land and finding no one present, would then be bound by an interest held by someone who took occupation of the land between transfer and registration. Her acts of moving in at the date of transfer were deemed merely preparatory steps towards actual occupation, not actual occupation itself. **Meaning of Actual occupation in current law -- LRA 2002 Sch 3, para 2:** - LRA 2002 provides no definition of 'actual occupation' so the case law pre-2002 is used as an interpretive tool - Position regarding actual occupation and a long period of involuntary detention in a psychiatric institution. Actual occupation -- meaning of 'actual occupation' considered in Thompson v Foy \[2009\] **[EXAMPLE QUESTIONS:]** Alan would like to transfer his farm, Dun Well, to his son Brian for as long as Brian lives. Brian wants to know if this would then become a legal estate: - Prima facie, we see 'as long as brian lives' which makes you think of life estate - Because of this, it defaults to being an equitable interest, you would want this to be in some sort of writing - Formalities: LP(MP)A 1989 s1: stating formality of a deed - Then s54(2) for LPA 1925 for exception to this: as an equitable interest has to be formally written and then registered at land registry, this will provide notice and security for the notices attached to the land, life interest cannot be alienated to a third party - Once brian dies, it reverts back to Allan and then Allan's successors in title Alan told a friend, Jas, that she could rent out one of the outbuildings for the next 2 years, for 50pounds a month. She wants to know if this is legally binding and if she needs a deed: - Prima facie looking at this we are looking at a lease interest - This has to be in writing as a contract for a leasehold agreement - Lease agreement under three years can be created through a contract not a deed, but it will not suffice creating through parol (spoken words) - We first go to ss32-39 LRA 2002 (here this lease is excluded) - As per LRA ss27(1) and (2): does not need to be registered - Key thing to remember is that there is a contract, any third party who interacts with this lease of that land, would be in principle bound by this, even though the lease is under three years, it creates an interest in land. So Jas had property rights and Jas is regarded as a tenant. - Then looking at s29(2) for the priority of interest is protected going to s29(2)(ii); then Schedule 3 Para 1. Even though the lease is under three years it does not need a deed, you still have created an interest in generating a contract, creating the disposition in writing - LP(MP)A 1989 'contract for the sale or other disposition of an interest in land can only be made in writing and only incorporating all the terms which the parties have expressly agreed in one document, or where contracts are exchanged, in each) - Exception to above requirement LPA 1925 s54(2) Alan allowed the neighbour, Derek, access to the apple orchard at the rear of the farm. This was written on an envelope in the pub one night. - LPA 1925 s1(2)(a): the only interests or charges in or over land which are capable of subsisting or of being conveyed or created at law are -- (a) an easement, right, or privilege in or over land for an interest equivalent to an estate in fee simple absolute in possession or a term of years absolute - Then LPA 1925 s52 -- need a deed for a legal estate/interest in land - This must be in writing or it may be equitable, the agreement on the back of an envelope is not a deed, at best relying on this will be an equitable interest, anything written informally at best can be evidence of something that is equitable - The following examples of rights that can be protected by entry of notice on the register under ss32-39 LRA 2002: equitable easement which can be registered with notice - Notice can be implied or constructive - Individuals like derek, who have a clear equitable interest, for a person to lose that interest in relation to a third party purchaser who has categorically no notice, only will be bound if you logically had notice. The law and case law has maximised attributing notice, if in event of third party claiming no notice, they will be bound by this equitable interest. Notice protects priorities of right where a disposition is made under s29 LRa 2002, the protection will be guaranteed. - Derek may next go to the ss33-39LRA, s33 lists various interest which cannot be protected, then because the easement does not fall under s33, only was for validity or enforceable at law is to be created through a formal deed, against allan successor in title. - Fee simple estate is an inheritable estate, derek wants to ensure his legal interest (easement) has overriding nature, that the third party will be bound - Derek needs to be in actual occupation of the land, so this follows from Sch 3(2) that an interest belonging at the time of the disposition to a person in actual occupation so far as to relate, except for an interest - For actual occupation the case law relies on registration act 1925, the meaning of this on case law is on the old legislation s70(1)(g) In return Alan agreed not to breed pigs at the farm. Derek would now like these agreements formalised. Are the legal and does he need a deed? - LPA 1925 s1(2)(b) in effect and then going back to be created by a deed s52LP(MP)A 1989, without deed it will be equitable interest at best, and this has to be formalised, because if it is equitable it depends on the doctrine of notice for enforceability and if it is an overriding interest, so that it will bind a third party. The key thing is that Derek is looking for some kind of reassurance, he needs a deed, and in those circumstances, this must be registered to be binding, just like the easement above. Property Law Review Sheet: Registration of Land Historical Context \- 18th Century: Family trusts allowed inheritance by daughters, but title issues arose when property deeds only included the husband\'s name, disadvantaging women. \- 20th Century Reforms: Lord Denning and case law from the 1950s onward addressed property rights for women during divorces, ensuring equitable interests were recognized. Land Registration System \- Purpose: Clarifies ownership, protects purchasers from undisclosed burdens, and modernizes conveyancing by reducing reliance on physical title deeds. \- Torrens Title System: Basis for the LRA 2002; ensures a national, unified register of titles. \- LRA 2002: Replaced the LRA 1925, making registration compulsory and improving clarity. Substantively Registrable Estates -\*Freehold (legal fee simple) and \*\*leasehold\*\* (terms over 7 years) must be registered to confer legal title. \- Failure to Register: Only results in equitable title. Registrable Dispositions (s27 LRA 2002) \- Examples: \- Transfer of ownership (freehold/leasehold). \- Grant of leases \>7 years. \- Legal easements and charges (mortgages). \- Consequences of Non-Registration (s27(1)): The disposition will only take effect in equity, not law. Priority Rules (ss28 & 29 LRA 2002) \- s28: Basic rule---interests created earlier have priority. \- s29: Protects a disposition made for valuable consideration if it is registered. This protects against unregistered prior interests except: \- Registered charges. \- Notices on the register. \- Overriding interests (Sch 3). Protected Third-Party Interests \- Notice (s32 LRA 2002): Ensures priority of interests, like easements or estate contracts. \- Restrictions (s40 LRA 2002): Prevents disposal of property without meeting certain conditions. \- Unregistered Interests That Override: \- Short leases (\