Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
31 Cards in this Set
- Front
- Back
Land Registration Act 2002
|
Reviewed and repealed LRA 1925
-more titles must now be registered -reduced the number of overriding interests -watered down adverse possession -e-conveyancing |
|
Register is in three parts
|
property register
proprietorship register charges register |
|
Substantive registration
|
-Freehold estate
-leasehold with over 7 years to run -rentcharge -franchise -profit in gross |
|
Classes of title -s12 LRA 2002
|
-absolute
-possessory -qualified -good leasehold |
|
Proprietor takes land subject to
|
-interests on the register
-overriding interests |
|
Interests registered as a notice-s32
|
-estate contracts
-freehold restrictive covenants -equitable easements -FLA 1996 family rights -estoppel rights |
|
If notice is entered-s29(2)
|
will be binding on a purchser
|
|
if notice is not entered-s29(1)
|
will not bind a purchaser for valuable consideration unless it falls under sch 3 para 2 LRA 2002
|
|
Peffer v Rigg
|
not likely to be followed-a purchaser could only take free of any interest not protected on the register if he acted in good faith
|
|
Interests entered as a restriction
|
-beneficial interests arising under a trust
|
|
Overreaching
|
purchaser must pay purchase monies to at least 2 trustees or a trust corporation to take land free of beneficial interest. Interest is attached to purchase monies
|
|
Williams & Glyn's Bank
|
overreaching was not applicable as mortgage money was only paid to 1 trustee
|
|
If restriction is not entered
|
interest will only bind a purchase where you can meet sch 3 para 2 requirements
|
|
Sch1-interests which override upon first registration
|
-legal leases less than 7 years
-interests of persons in actual occupation -legal easements or profits |
|
Sch3-interests which override subsequent transactions of registered land
|
para 1-legal leases over 7 years-must be registered s38 LRA 2002
-equitable leases must be registered-s32 LRA 2002 |
|
Sch 3 Para 2
|
-any proprietary interest-legal or equitable
-must exist at the time of disposition -must be in actual occupation |
|
Actual occupation
|
-obvious on a reasonable inspection of the land/purchaser had actual knowledge
|
|
Hodgson v Marks
|
actual occupation will be defeated if interest owner failed to reasonably disclose his interest to the purchaser
|
|
Ferrishurst
|
this case is now overruled, actual occupation will only apply to the extent of the land he actually occupies
|
|
Chhokar
|
having a baby in hospital did not prevent a finding of actual occupation as there was a clear intention to return
|
|
Lloyds v Rosset
|
for semi derelict land it may be enough to demonstrate a regular presence
|
|
Strand v Caswell
|
you cannot establish actual occupation via occupation of the land by another, unless they are occupying as your agent-Abbey National v Cann
|
|
Hypo Mortgage
|
children are deemed to shadow the occupation of their parents
|
|
Abbey National v Cann
|
actual occupation must exist at the time of the transfer
|
|
Equitable easements and profits pre 2003
|
all ‘old’ easements and profits, however they were created, and
whether they are legal or equitable, continue to be overriding interests after 12 October 2003. |
|
post 2002 easements and profits
|
s27(2)(d) (in effect) requires all new express
grants of easements and profits (created out of a registered title) to be substantively registered. If a dominant owner of an easement or profit fails to substantively register his right, the easement or profit will take effect only as an equitable interest. |
|
post 2002 equitable easements and profits
|
they are always minor interests
Schedule 3, para. 3 refers only to legal easements and legal profits. |
|
Minor interests
|
not:
(a) capable of substantive registration; or (b) overriding interests, or (c) mortgages by registered charge. Rights which are normally minor interests include: (a) estate contracts, restrictive covenants, unpaid vendor’s liens, and matrimonial home rights (rights of occupation under the Matrimonial Homes Acts); (b) overreachable interests arising under a strict settlement, trust for sale, or new-style trust of land. |
|
Overriding Interests
|
A Easements and profits already existing on 12 October 2003
B Easements and profits created after 12 October 2003 by implied grant or by prescription C Legal leases for a duration of not more than seven years D Local land charges E Property rights which are ‘upgraded’ by the operation of Sch. 3, para. 2 |
|
Minor interests
The following rights are minor interests which should be protected by entry of a ‘notice’ on the register. |
F Matrimonial home rights
G Restrictive covenants H Equitable leases I Estate contracts J Options to purchase K Licences by estoppel (proprietary estoppel) |
|
a legal easement or profit arising by implied grant or prescription will only be
overriding if |
(a) the purchaser had ‘actual knowledge’ of the easement or profit on the date of the land
transfer in his favour; or (b) the existence of the right would have been apparent ‘on a reasonably careful inspection of the land over which the easement or profit is exercisable’ (e.g., a worn track leading to the dominant land); or (c) if the easement or profit has been exercised at least once in the year prior to the land transfer |