Land Law: Land Registration

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Important facts about the Land Registration Act 2002?
Product of years of consultation, joint project of Land Registry & Law Commission, 80% of land in England & Wales are registered, aims to ensure quick and efficient interests and transfer of land, builds on LRA 1925
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What is a registrable estate?
Under current LRA 2002: a legal freehold or a legal leasehold estate (one being over 7 years from creation or more than 7 years left to run) all other estates cannot be registered: e.g. life estates, short leases under 7 years
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Why is 1.12.1990 important?
England and Wales became one big zone of compulsory land registration, and transactions involving unregistered land trigger the requirement that the new owner seeks a first registration of title by applying to the HM Land Registry
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What do the HM Land Registry then do?
Investigate the title, register it, assign it a unique title number, and then the land becomes registered
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What are the aims of a registered land system?
Reduce expenses and effort involving purchasing, reduce possibility of fraud, enable purchasers to rely 100% on accuracy of register, provide a mechanism where third party rights can be protected
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What are 3 important principles?
Mirror, curtain and insurance
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What is the curtain principle?
Hides specific equitable interests in the land from a potential buyer, they only need to be concerned that in co-owned land there are at least 2 trustees, hides the true 'equitable posision'
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What is a case on the curtain principle?
City of London Building Society v Flegg 1988W
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What is the mirror principle?
The registration of a land title must reflect all the important details that a purchaser must know before buying the land, a reflection of the state that it is currently in, and third party interests that relate to the land
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What is a proprietorship register?
Identifies an individual's company, local authority, who owns the land, title held. A person registered as a proprietor has all the powers of an absolute owner, subject only to entries on the register
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What is the charges register?
Records any third-party property rights which might burden the land, such as mortgages, easements, freehold covenants, options to purchase
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What is grades of title?
When a title is presented for first registration, HM Land Registry investigate the roots and check validity for registration, then assigning a grade of title to the land
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What are the types of grade title?
Absolute, good leasehold title, possessory title, and a qualified title
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What is an absolute title?
Highest grade of registered title, amounts to full recognition of the rights of proprietor
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Who can absolute title be awarded to?
Both freehold title and leasehold title, upon registration
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What statute is important regarding an absolute title?
S11 LRA 2002 states that a freehold title which is given absolute title gives holder a full fee simple subject only to overriding interests (SCHEDULE 1 LRA 2002)
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Any rules on absolute titles?
It must apply with covenants listed in the lease
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What is a good leasehold title?
Invests the leaseholder with the same quality of title as an absolute title, except it is subject to any interests affecting the landlords title (S12(6))
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When is this title awarded?
Because landlord titles are often not available to be checked, thus absolute title will not be granted; but rather good leasehold
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What is a possessory title?
Where an owner cannot produce sufficient documentary evidence of title albeit freehold/leasehold.
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When is a possessory title awarded?
Available where the applicant is in possession of the land and there is no other title which he can be registered (S9(5)) LRA 2002)
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What is a possessory title subject to?
All adverse interests that exist at the date of registration, not just those interests which are interests overriding the first registration (SS111 &1, 2, 2002)
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What is a qualified title?
Persons whose title is subject to fundamental defects
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What is a qualified title subject to?
To the same interests as an absolute title, plus any further interests that appear from the register to be excepted from the effects of registration (S11, 12 LRA) HM land Registry rarely uses this grade
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What is a trigger for compulsory registration?
An assignment of a 20-year lease which has 9 years left to run (MORE THAN 7 YEARS) or buying unregistered land
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Other cards in this set

Card 2

Front

What is a registrable estate?

Back

Under current LRA 2002: a legal freehold or a legal leasehold estate (one being over 7 years from creation or more than 7 years left to run) all other estates cannot be registered: e.g. life estates, short leases under 7 years

Card 3

Front

Why is 1.12.1990 important?

Back

Preview of the front of card 3

Card 4

Front

What do the HM Land Registry then do?

Back

Preview of the front of card 4

Card 5

Front

What are the aims of a registered land system?

Back

Preview of the front of card 5
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