Land Law Registered Land

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Land Registration Act 2002

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Reviewed and repealed LRA 1925
-more titles must now be registered
-reduced the number of overriding interests
-watered down adverse possession
-e-conveyancing

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Register is in three parts

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property register
proprietorship register
charges register

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Substantive registration

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-Freehold estate
-leasehold with over 7 years to run
-rentcharge
-franchise
-profit in gross

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Classes of title -s12 LRA 2002

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-absolute
-possessory
-qualified
-good leasehold

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Proprietor takes land subject to

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-interests on the register
-overriding interests

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Interests registered as a notice-s32

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-estate contracts
-freehold restrictive covenants
-equitable easements
-FLA 1996 family rights
-estoppel rights

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If notice is entered-s29(2)

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will be binding on a purchser

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if notice is not entered-s29(1)

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will not bind a purchaser for valuable consideration unless it falls under sch 3 para 2 LRA 2002

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Peffer v Rigg

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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

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Interests entered as a restriction

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-beneficial interests arising under a trust

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Overreaching

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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

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Williams & Glyn's Bank

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overreaching was not applicable as mortgage money was only paid to 1 trustee

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If restriction is not entered

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interest will only bind a purchase where you can meet sch 3 para 2 requirements

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Sch1-interests which override upon first registration

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-legal leases less than 7 years
-interests of persons in actual occupation
-legal easements or profits

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Sch3-interests which override subsequent transactions of registered land

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para 1-legal leases over 7 years-must be registered s38 LRA 2002
-equitable leases must be registered-s32 LRA 2002

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Sch 3 Para 2

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-any proprietary interest-legal or equitable
-must exist at the time of disposition
-must be in actual occupation

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Actual occupation

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-obvious on a reasonable inspection of the land/purchaser had actual knowledge

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Hodgson v Marks

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actual occupation will be defeated if interest owner failed to reasonably disclose his interest to the purchaser

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Ferrishurst

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this case is now overruled, actual occupation will only apply to the extent of the land he actually occupies

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Chhokar

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having a baby in hospital did not prevent a finding of actual occupation as there was a clear intention to return

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Lloyds v Rosset

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for semi derelict land it may be enough to demonstrate a regular presence

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Strand v Caswell

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you cannot establish actual occupation via occupation of the land by another, unless they are occupying as your agent-Abbey National v Cann

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Hypo Mortgage

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children are deemed to shadow the occupation of their parents

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Abbey National v Cann

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actual occupation must exist at the time of the transfer

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Equitable easements and profits pre 2003

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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.

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post 2002 easements and profits

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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.

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post 2002 equitable easements and profits

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they are always minor interests
Schedule 3, para. 3 refers only to legal easements and legal profits.

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Minor interests

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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.

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Overriding Interests

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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

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Minor interests
The following rights are minor interests which should be protected by entry of a ‘notice’ on the register.

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F Matrimonial home rights
G Restrictive covenants
H Equitable leases
I Estate contracts
J Options to purchase
K Licences by estoppel (proprietary estoppel)

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a legal easement or profit arising by implied grant or prescription will only be
overriding if

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(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