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47 Cards in this Set

  • Front
  • Back
What is the mirror principle?
the register of title is intended to operate as a mirror, reflecting to the potential disponee the totality of the proprietary benefits and burdens affecting the land.
Abbey National Building Society v Cann (1991)
the governing principle of land registration is the idea that 'the title to land is to be regulated by and ascertainable from the register alone.'
What is the curtain principle?
The details of beneficial trust interests are kept of the registered title, so 3rd parties can transact safe in the assurance that the interests behind any trust will be OVERREACHED and shifted onto the capital proceeds of the disposition.
What is the insurance principle?
the state guarantees the accuracy of the registered title. an indemnity is payable from public funds if a registered proprietor is deprived of his title or otherwise prejudiced by the correction of any mistake in the register.
What displays a 'crack' in the mirror principle?
the existence of unregistered interests which 'override' first registration.
When is first registration of title now mandatory in relation to unregistered land?
In the case of most transfers of an unregistered legal freehold or unregistered legal leasehold with more than 7 years left to run.
What was the principal objective of the LRA 2002?
to define with maximum certainty and accuracy, the consequences of any dealings which occur in respect of estates registered at the land registry.
Section 28(1) LRA 2002?
"except as provided by sections 29 and 30, the priority of an interest affecting a registered estate...is not affected by the disposition of the estate." - entitlement A enjoys and automatic 'first in time' priority over entitlement B.
LRA 2002 sections 29-30?
The priority of an interest is 'protected' if the interest is:
1) A registered charge
2) an interest safeguarded by entry of notice on the register
3) and interest which statutorily overrides registered disposition.
3) an interest whose burden is incidental to the leasehold estate (e.g. a restrictive covenant)
What is a disponee?
a person to whom property is legally conveyed.
LRA 2002 section 32(1)?
a notice is an entry into the register regarding the burden of an interest affecting a registered estate.- REGISTERABLE INTEREST.
Section 27 LRA 2002?
In order to be effective at law, most dispositions are required to be completed by registration- this guarantees that the minor interests TAKE PRIORITY OVER SUBSEQUENT DISPONEES OF REGISTERED TITLE.
What are the main interests which can be protected by notice?
-leases for more than 3 years
-contracts to grant a lease
-equitable leases
-equitable easements and profits a prendre
-equitable mortgages and charges
-freehold restrictive covenants
Which interests are NOT protected by notice?
-beneficial interests under a trust of land
-leaseholds for LESS than 3 years
-restrictive covenants between lessor and lessee
What are the two ways an interest can be entered by notice onto the register?
1) agreed notice (non-contentious)
2) unilateral notice (hostile/contested claims of entitlement)
LRA 2002 section (29(2)(a)(i)?
entry by notice of a minor interest onto the register becomes BINDING on any subsequent disponee regardless of whether he inspected the register or not.

-the rules obviate the need for any general enquiry into the state of mind or moral standing of the individual disponee in every transaction.
Strand Securities Ltd v Caswell (1956)
it is vital to the working system of land registration that notice of something which is not on the register should not affect a transferee unless it is an overriding interest.
Re Monolithic Building Co (1915)
it is not fraud to take advantage of legal rights, the existence of which may be taken to be known to both parties.
Where in the LRA sets out overriding interests?
Schedule 3
what is the guiding principle of overriding interests?
they are ONLY available in situations 'where protection against buyers is needed but where it is neither reasonable to expect nor sensible to require any entry onto the register.'
What are the overriding interests under schedule 3?
-legal lease of less than 7 years
-proprietary interests of persons in 'actual occupation'
-legal easements and profits a prendre.
-local land charges.
when must an interest exist in order to be overriding?
immediately prior to the relevant date of disposition.
Ferrishurt Ltd v Wallcite (1999)
the disponer has a general duty to disclose overriding interests to the disponee, and in default of such disclosure, the latter may have a valuable contractual right of recovery.
What provision details a legal lease of less than 7 years but more than 3 years as an overriding interest?
LRA 2002, Schedule 3, Para 1
City Permanent Building Society v Miller (1952)
only legal leases are overriding, NOT equitable leases.
Which provision details the unregistered interests of persons in actual occupation as overriding?
LRA 2002, schedule, para 2
What is the formula for actual occupation?
interest + actual occupation - inquiry = 'interests which overrides'
What are the 2 exceptions regarding actual occupation?
schedule 3, para 2(b)- where the actual occupier has unreasonably failed, on inquiry, to disclose his own entitlement.

schedule 3, para 2(c)- the relevant occupation was neither reasonably discoverable nor actually known to the purchaser.
Thompson v Fry (2009)
Overriding interest protection is only accorded as far as it relates to the 'land of which he is in actual occupation.'
what types of interest can be protected by actual occupation?

Grace Rymer Investment Ltd (1958)?
Hodgson v Marks (1971)?
Ferrishurst Ltd v Wallcite (1999)?
-equitable leases and tenancies
-beneficial interests under a trust
-estate contracts including 'options to purchase' a legal estate.
What is the 'constitutionalist' approach to actual occupation, and what case displays this?
Malory Enterprises v Cheshire Homes (2002)
the person purchasing the land should makes reasonable enquiries and the occupation of the land must have been obvious to the purchaser on a reasonable inspection of the land at the time of disposition.
Which LRA provision states that actual occupation must be 'obvious on a reasonable and careful inspection of the land?'
LRA 2002, schedule3, para 2(c)(i)
Which case states that the relevant occupation must exist both before and at he date of the registerable disposition?
Abbey National Building Society v Cann (1991)
Which case states that you must look to the 'normal usage' of the property.
-a parked car could be evidence of intention to return to the property.
Kling v Keston Properties Ltd [1983]
which case states that use of property fro storage requires it to kept locked and fenced?
Cheshire Homes [2002]
which case suggests that absence from a property for a short time does not preclude actual occupation?
-continued presence of furniture was belongings in the property was sufficient to constitute actual occupation, even though she was in the hospital.
Chokkar v Chokkar [1984]
Which cases states that actual occupation does not have to be exclusive or continuous?
-staying several nights a week is sufficient.
Kingsnorth Finance v Tizard [1986]
Which case states that where a property is semi-derelict and unfit for occupation, the presence of builders will be sufficient?
Lloyds Bank v Rosset [1989]
Which case states that preparatory acts prior to moving in (ie- laying carpets) will generally not constitute actual occupation?
Abbey National Building Society v Cann [1991]
Which case states that actual occupation cannot be claimed through occupation of another?
Strand Securities v Caswell [1965]
Which case states that actual occupation cannot be claimed by a company's managing director whose presence on the premises is as an agent of the company, and not 'on his own account.'
Lloyd v Dugdale (2002)
When can the interest of a beneficiary under a trust be overreached?
if the purchaser makes a payment to or more trustees
What happens regarding a beneficial interest under a trust if there is only on trustee? what case?
Williams & Glyn's Bank v Boland [1980]
-there was only one trustee, so the wife's equitable interest could not be overreached.
-however the interest was overriding as she was in actual occupation.
Which cases states that if an interest is overreached, there can be no question of it being overriding, even if the person is in actual occupation?
City of London Building Society v Flegg [1987]
What are the 3 steps to establish overreaching?
1)Is the land registered?
2) is there a beneficial interest under a trust which can be overreached?
3)Are there at least 2 trustees?

-If there are at least 2 trustees the beneficiary's interest is overeached and is transferred into money on proceeds of sale.
-if there are not 2 trustees, the beneficiary has an equitable interest under a trust, which MAY be overriding if in actual occupation.
Which provision gives overriding status to equitable easements and profits a prendre?
LRA 2002, schedule 3, para 3(1)
what is the effect of legal easements and profits a prendre on 3rd parties?
they must be registered in order to be effective.