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29 Cards in this Set
- Front
- Back
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What Acts governs the registered land system? |
Land Registration Act 2002 And Land Registration Rules 2003 These were both brought into affect in October 2003 |
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What must you be aware of with regards to all property purchased BEFORE October 2003? |
That the transaction would have been in accordance with the old style of title documentation (ie pre LRA 2002 & LRR 2003) |
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What is the primary difference between the conveyancing process before and then after the introduction of LRA 2002 & LRR 2003? |
Prior, the land registry would issue either a land certificate or charge certificate as evidence of title After, the land registry no longer issue paper title documents - instead the register is kept electronically |
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What was the difference between a land certificate and a charge certificate that used to be issued as ownership proof by land registry? |
Land certificate = would be issued to the owner in the case when there was no mortgage Charge certificate = issued to the mortgage lender when there was a mortgage |
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The owner of registered land is called the... |
Registered proprietor |
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What would charge certificates and land certificates contain? |
Registered entries Filed plan |
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What was the process of "dematerialisation"? |
The process in which mortgage lenders began to stop holding paper certificates (because of cost) and the LR would keep a record of the charge |
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Are land or charge certificates still a form of evidence of ownership? |
No The LRA 2002 abolished that status. They are no longer lodged with the LR in respect of any application |
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Title is now proved in accordance with the procedure set out in LRA 2002 true or false |
True |
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In accordance with the old system pre LRA 2002 and LRR 2003 What would happen with the title certificated when a house was purchased by a new buyer? |
Seller would give buyer title certificate Buyer sends this with registration docs to LR LR would issue updated title certificate |
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According to the pre LRA 2002 and LRR 2003 What would happen upon first registration of an unregistered property? |
A new title certificate would be issued in place of the title deeds. |
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Given that title certificates have now been abolished, what may happen if you try to lodge one with an application with the Land registry? |
They may destroy it |
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How is land ownership now proved? |
By obtaining official copy entries of the register |
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Who is it that would obtain official copy entries for the sale of a house? |
The sellers solicitor |
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Official copy entries are guaranteed by... And are evidence of the sellers... |
Guaranteed by state guarantee Evidence of sellers title |
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When a new registration application is completed (ie change of ownership etc) the LR will issue a title information document. Is this the same as a title certificate? And can it be used later down the line to evidence ownership? |
No and no. It is just for the new owners information. It bears a time and date on the OCE therefore showing at that time this person owns it. For future purposes you would obtain a new up to date one. |
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The LRA 2002 did not change the way that registers look. What does this mean? |
That the registers of land registered under the old laws look the same as new ones |
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What is the "edition date" at the top of the official copy entry? |
The edition date is updated every time an entry is added or removed |
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What are the 4 types of entry you might see on section A (the property register) of the OCE? |
Address Type of estate held (Freehold or leasehold) Easements and covenants benefiting the land If any land has been removed from the title it'll be in this section |
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In section B (the proprietorship register) of the OCE, the first thing listed in bold will be the class of title. What does the class of title determine, with regard to state guarantee? |
It determines the extent to which the state will be willing to guarantee it |
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What are the 3 types of Freehold title classes? And give brief explanation |
1. Title absolute: Only subject to registered interests and overriding interests.
2. Possessory: An inferior title. Does not guarantee owner against possible existence of interest in the land that may have existed before the current owners registration. Granted in cases like where deeds have been lost. Can be updated to absolute by registrar, if satisfied with either 12 years unchallenged possession or found title deeds.
3. Qualified title: Rare. Given when state willing to guarantee the title apart from a specific defect. That defect will be registered on the register. And apart from that defect, rest of title has same guarantee as absolute. Again, can be upgraded to absolute by Registrar after 12 years unchallenged possession. |
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What are the 3 things that you will find in the proprietorship register? |
1. Names and addresses of the proprietors 2. Price paid for the property 3. Any restrictions on disposition (whether because of tenants in common or because of lender) |
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With regard to the proprietorship register, what is a Form A restriction? |
One that does not allow disposition by a sole proprietor (unless its a trust corporation) - because ownership is tenants in common |
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Up to how many addresses each proprietor enter on the proprietorship register? |
3, one must be a postal address as this is address used by LR to contact them |
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How would you sum up the entries made in the charges register? |
All 3rd party interests |
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What what are the 3 types of third party interests you will see in the charges register? |
1. Mortgage
2. Restrictive covenants
3. Adverse easements |
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What is the difference between an adverse easement (as listed in the charges register) and a beneficial easement (as listed in the property register)? |
Adverse means that it is a third party that gets the benefit of it Beneficial means it benefits the proprietors of the land |
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Under the charges register, if you see that underneath an entry described as a restrictive covenant it says "cpy filed", what does that mean? |
It means that the wording of the restrictive covenant is to extensive to list in the schedule of restrictive covenants and therefore a copy of the document containing the restriction has been filed by the land registry and is available on request via form OC2 or online. |
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What is the schedule of restrictive covenants? |
Its at the end of the OCE after the charges register and sets out the wording of each restrictive covenant referred to in the charges register (save for those that state 'copy filed') |
