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Registered and Unregistered Land (Registered Land (The Register- estates…
Registered and Unregistered Land
The Law of Property Act 1925
The main piece of legislation governing property law
Purpose:
(1)
to make the conveyancing procedure easier
(2)
increase the opportunity to purchase land
In order to accomplish the second purpose
LPA 1925
had to ensure that the purchaser of the land gained secure title as whilst recognising the rights of other persons with interests in land
S1(2) LPA 1925-
established the five legal interests which and the purchaser of the land
S1(3)
established that all else was equitable and had the effect of binding the whole world except a bona fide purchaser for value of the legal estate without notice
Registered Land
Benefits
The register should reflect precisely the land in the title and any this-party interests
Since December 1990 the whole of England and Wales has been an area of compulsory registration- land must be registered within two months of completion at the Land Registry otherwise the transaction is void
It simplifies conveyancing, bundles of title deeds no longer need to be produced
Governing statute used to be the
Land Registration Act 1925 (LRA 1925)
but is now superseded by the
LRA 2002
which came into force on 13 October 2003
Land registration is the registration of title to land in a register at the Land Registry
The Register
- estates and interests capable of being registered
Rentcharges
Franchises
Terms of years absolute of seven years or more- included leases (at least seven years unexpired or not) subject to the right to buy provisions or whether there is a period of more than three months between the signing of the lease and the occupation of the property
Title Register
Proprietorship Register
- shows the names of the current owners and the quality of the title (absolute title/ good leasehold title/ qualified title/ possessory title)
Charges Register
- shows the encumbrances on the property e.g mortgages, restrictive covenants and rights burdening the property such as an easement
Property Register
- describes the property and rights benefiting the property
Profits a Prendre in gros if in perpetuity or for a term with more than seven years remaining
Fee simple in absolute possession (freehold estate)
Overriding Interests
- under
*LRA 2002
Interests which override registered dispositions
(paras 1-3 Sch 3 LRA 2002)
Persons in actual occupation
Implied legal easements
Short Leases
Interests which override first registration
(paras 1-3 Sch 1 LRA 2002)
Persons in actual occupation
Easements
Short leases
Unregistered Land
Protection of Equitable Interests
Commercial Equitable Interests
: are protected by registration of land charges at the Land Charges Registry. Purchaser will be bound only by the charges that are registered. Not bound by registrable charges that have not been registered even if he knows about them.
Doctrine of Notice
: where the interests are not overreachable then whether those interests are binding is dependant on the doctrine
Family Equitable Interests
: are protected by overreaching
Establishing Title
Root of Title:
investigate the title deeds tracing back at least 15 years leading up to the present seller.
Land Charges Register
: make a search to see which equitable and commercial interests are attached to the land