Conv 2

Front 1

Unregistered conveyancing uses...

Whilst, registered conveyancing uses...

Back 1

Unregistered = title deeds

Registered = electronic reg with Land registry

Front 2

How can a solicitor determine whether land registered or not?

Back 2

SIM search

Using form SIM or online

Front 3

What does SIM stand for?

Back 3

Search of the Index Map

Which is a map maintained by LR of all reg land and their title nums

Front 4

Name two sites you can use for SIM search

Also if you do it via form where and how do you send form?

Back 4

Sites:

NLIS

LR portal business gateway

If you do via form then send to LR via DX

Front 5

When SIM search done, what do you get back from LR?

Back 5

You get a certificate saying whether land reg or not

Front 6

What must you include in SIM search so LR can identify land?

Back 6

A postal address

Or

If no postal address then a plan of the land

Front 7

What is another word for ownership of a property?

Back 7

Title

Front 8

Unregistered conveyancing:

How is the title (ownership) of the seller traced?

Back 8

Through the physical deeds

Front 9

Unregistered conveyancing:

Where is it advisable to keep the deeds to the property?

Back 9

With the mortgage lender or solicitor

Front 10

Unregistered conveyancing:

If deeds are lost, what can be done?

Back 10

You can try to "reconstitute" them but it is costly and without guarantee of succes.

And the best title that can be gained is possessor title which is open to challenge.

Front 11

Unregistered conveyancing:

When deducing title, the seller is required to establish good title

What is meant by this?

Back 11

Good title means a starting point in terms of a deed, that is at least 15 years old.

The seller will then show the chain of deeds from that "good root of title" up until their point of purchase

Front 12

Unregistered conveyancing:

What must the buyers solicitor carefully examine the chain of deeds for?

Back 12

A break in the chain

Front 13

Unregistered conveyancing:

If there is a break in the chain of deeds (a missing document) whether relating to the legal or equitable interest, what will that do?

Back 13

It will cast doubt on the sellers ownership and therefore right to sell the property

Front 14

What is an instance in which a property will have more than one title?

Back 14

When there's a Leasehold granted out of a freehold

Front 15

What does the LRA 1925 and LRR 1925 stand for and cover?

And what Acts was it subsequently replaced by?

Back 15

Land Registration Act 1925

Land Registration Rules 1925

They cover the law and rules for Land Registration with the Land Registry

They were replaced with the LRA 2002 and the LRR 2003

The LRR just gives the practical rules that enforce the laws set out in the LRA

Front 16

What are 5 areas addressed in the LRR 2003?

Ie what areas does it set out rules and procedures relating to?

Back 16

1. What forms are to be used for the various applications to the LR

2. How forms are to be executed

3. What the contents of each part of the register is to contain

4. How to upgrade a title

5. Entries LR can use to protect 3rd party interests

Front 17

What is meant by compulsory registration (with regard to unregistered land)?

Back 17

That upon a certain event the Land must be registered

Front 18

From 2003 all land which is still unregistered must be registered upon one of the "trigger events" happening.

True or false

Back 18

True

Front 19

What are the 4 trigger event?

Back 19

1. Upon the conveyance of the freehold or leasehold (having more than 7 years left to run) - whether transferred for value, by gift, court order or assent

2. Upon the granting of a new lease of more than 7 years

3. Upon the granting of a reversionary lease, that commences more than 3 months after the date of the lease. Irrespective of how long the actual lease term is)

(Eg: a lease granted in January, that begins in May which is more than 3 months from the original lease date which was January)

4. Upon the grant of a first legal mortgage

Front 20

What is meant by a conveyance by assent?

Back 20

Property left in someone's will

Front 21

What is a reversionary lease?

Back 21

One that begins in the future

Front 22

What is meant by first registration?

Back 22

When unregistered land is registered for first time

Front 23

From the point of the trigger event occurring, how long do you have to register the land?

And does anyone have the power to extend this period if there is good reason to do so?

Back 23

2 months from trigger event occurring

Yes Registrar can extend if good reason to do so

Front 24

There are also instances in which you can register voluntarily

And there are also some other rights that can be registered - like a right granted by the Crown to hold a market or collect tolls

True or false?

Back 24

True

Front 25

Are there any sanctions/consequences for not filing for first registration within the specified time from trigger event happening?

Back 25

Yes

The transfer deed will be deemed void - and the legal estate will revert back to the sellers. Leaving the buyers with the equitable interest only. As per both LRA 2002 and 1925

In such case you will have to apply to Registrar to extend period which usually they will and then you file a late application

Front 26

What are the 7 benefits of registering land?

Back 26

1. Certainty: once registered you know there's an up to date record of the lands ownership.

2. State guarantee: if anyone suffers loss because of an error or omission on register, state will compensate them.

3. Cures defects in title: past problems concerning title to land are cured upon first reg. If title deed lost, then first reg re-establishes title.

4. Easier documentation: proof of ownership = copies of the register instead of bulky deeds. Transfer of ownership = standardised forms from Land reg.

5. Cheaper storage costs for mortgage lenders: don't need to hold lots of paperwork anymore as everything reg with LR

6. No need to establish "good root" and chain of 15 years. Just to see register is sufficient.

7. Accurate plans: the LR plans are accurate. Unreg land plans tend to be inacurrate and where there are several plans forming chain of title there's prob going to be inconsistencies.

Front 27

The LR used to provide the proprietor of land with a "certificate of title" as proof of ownership, but they no longer do this.

What Act brought about this change sos that they are no longer provided?

Back 27

LRA 2002

Front 28

The LR holds accurate plans of each title. What is their plans based on?

Back 28

The Ordnance Survey Map.