Land Law- Registered And Unregistered Land

Front 1

Registered land

Back 1

(1) Land registration is the registration of title to land in a register at the Land Registry.

(2) It simplifies conveyancing, bundles of title deeds no longer need to be produced.

(3) The register should reflect precisely the land in the title, and any thirdparty interests; interests that are capable of being overriding are not, however, found in the register.

(4) Since December 1990, the whole of England and Wales has been an area of compulsory registration, so following certain transactions the land must be registered within two months of completion at the Land Registry, otherwise the transaction is void.

(5) The governing statute used to be the Land Registration Act 1925 (LRA 1925), but this is now superseded by the LRA 2002 which came into force on 13 October 2003.

Front 2

The register- LRA 1925

Back 2

The estates and interests capable of substantive registration, that is, they are given a unique title number, are as follows:

1.fee simple absolute in possession (freehold estate);

2.term of years absolute over 21 years;

3.rentcharges.

Front 3

The register- LRA 2002

Back 3

1.fee simple absolute in possession (freehold estate);

2.term of years absolute over 7 years;

3.rentcharges.

4. franchises;

5. profits à prendre in gross if in perpetuity or for a term with more than seven years remaining.

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Three parts of the registry

Back 4

1. Property Register- Describes the property, and rights benefiting the property, for example, a right of way over
neighbouring land.

2. Proprietorship Register- Shows the names of the current owners and the quality of title, usually absolute title. The
different grades of title given by the Land Registry:

1 absolute title;
2 good leasehold title;
3 qualified title;
4 possessory title.

3. Charges Register- Shows encumbrances on the property,(e,g. mortgages, restrictive covenants, easement)

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Overriding interests

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There are two types of overriding interest under the LRA 2002:

• interests which override first registration listed in paras 1–3 Sch 1 LRA 2002:

— short leases;
— persons in actual occupation;
— easements.

• interests which override registered dispositions in paras 1–3 Sch 3 LRA 2002:

— short leases;
— persons in actual occupation;
— easements.

Front 6

Unregistered Land

Back 6

To establish title to unregistered land the purchaser must:

• investigate the title deeds, tracing back at least 15 years leading up to the present seller. This establishes a good root of title;

• make a search of the Land Charges Register to see which equitable and commercial interests are attached to the land.

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Unregistered Land - protection of equitable interests

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The equitable interests are protected in three ways:

• the family equitable interests are protected by overreaching;

• the commercial equitable interests are protected by registration of land charges at the Land Charges Registry. In this instance the purchaser will be bound only by the charges that are registered (s198 LPA 1925). He will not be bound by any charges which are registrable, but not
registered, even if he knows about them (s4 Land Charges Act 1972 (LCA 1972)), so it is vital that the equitable interest holder ensures that the interest is properly registered to ensure protection. Note that
registration is not made against the property but against the name of the estate owner. The land charges are set out in LCA 1972;

• where the interests are not overreachable, nor fall within the ambit of LCA 1972, then whether those interests are binding is dependent on the doctrine of notice.