Registration Of Title

Front 1

Difference in conveyancing in registered v unregistered title land

Back 1

Whereas in unregistered conveyancing the transfer of a legal estate is completed by the deed of transfer (the conveyance),
in registered conveyancing the transfer is effectual and complete only when the transferee is recorded in the Land Register as the new proprietor.

Front 2

LRA 1925 superceded by LRA 2002

Back 2

Since it will be some time before new authoritative cases are decided on key aspects of the LRA 2002, you will need to be familiar with cases decided on the ‘old’ law under the LRA 1925 as many principles survive in new legislation.

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A registered title -how is it subdivided?

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Comprises an area of land in respect of which a person is the registered proprietor (i.e. owner)Each title is subdivided into a property register, a proprietorship register and a charges register, a copy of which used to be issued to the current registered proprietor.

Front 4

Title Information Document

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Provides basic information about ownership of the land. The register is the proof of title.

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Estates and interests capable of substantive registration

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fee simple / leases with over seven years left to run / expressly-created easements where the servient land has registered title /expressly-created profits.

Front 6

Interests that override

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s.70(1(a) easements and profits ,including (it seems) equitable easements.s.70(1 (f)‘ rights acquired or in the process of being acquired under the Limitation Acts’, i.e. the rights of an adverse possessors.70(1)(g)‘ rights of every person in actual occupation of the land or in receipt of the rents and profits thereof, save where enquiry is made of such person and the rights are not disclosed.’

Front 7

Interests that override

Back 7

National Provincial Bank Ltd v Ainsworth - Burden on purchaser to discover actual occupation.
Abbey National Building Society v Cann- Date of actual occupation is the date disposition took place not date when 1st registered

Front 8

Card 1 and 2- The transformation of overriding interests into interests that override: Schedules 1 and 3 LRA 2002
Arguments for and against M Dixon

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The fact that there is acategory of property right that can bind a purchaser of a registered title without either that interest appearing on the register or necessarily being discoverable is thought by many to be anathema to the very idea of a registration system.

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2)

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There is nothing inherently wrong with a category of non-registrable binding right, even ina system of land registration, provided that the category is well-bounded, well known and can be justified by reference to some stronger legal, social or economic need. Indeed, policy might welldictate that there should be a class of right that binds a registered title irrespective of registration

Front 10

s.70(1(k) ‘leases granted for a term not exceeding 21 years’ reformed by 2002 Act

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1

Front 11

Under the new scheme, there are a number of deliberate omissions from both Schedules. First,equitable easements no longer fall within either Schedule,

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First, impliedly created equitable easements of necessity, common intention or under the rule in
Wheeldon v Burrows will no longer carry overriding status.
Secondly, easements generated by proprietary estoppel and now the inchoate equity that precedes it
will have no protection unless the crystallisation of the estoppel (if any) has resulted in an entry on the register. The policy behind this move is clear enough, it is not beyond possibility that a judge determined to protect the holder of an impliedlygranted equitable easement or an estoppel may seek ways of forcing these rights within the Schedules