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Registration of Land - Coggle Diagram
Registration of Land
overriding interests, s72 1964 act
an array of rights that do not need to be included e.g. estate duty, land improvement charges, right of public
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s72 declaraction
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registered land owner declares there is no s72 interest in the land, if false still bound but may have right of action against vendor
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cases
Williams v Boland wifes equitable interest in registered property , in actual occupation, interest not registered, not in folio, husband signed declaration saying no one residing on land - held - bank should have looked
Friends Provident v Doherty actively misled bank, husband registered owner, wife in actual occupation, s 72 declaration signed, husband fell behind on mortgage payments, - court held - there was an overriding interest (actual occupation) but her conduct led to mortgagee to believe no interest in land and estopped from enforcing interest
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Land Registry
aims
Conclusiveness
mirror principle
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s69 1964 act
burdens under s69, if registered binding
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e.g. register 3rd parties interests that don't give protection, incumberance on land, easement, charge, mortgage
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s31 1964 act - conclusive evidence of any right, privilege or burden unless s72 interest
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established
1892 - Local Registration of Title Act 1891 - origins of land registry- replaced by Registration of Title Act 1964
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e-conveyancing
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centralised system, can obtain real time info and new registrations happen instantly - easier for lenders, solicitors PRA
greater transparency, less disputes
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classes of title
absolute title- guranteed against interest not appearing, only to registered burdens under s69 and 72
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possessory title - can't provide documentary evidence, usually squatter
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success of it
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why?
compulsory registration for some land under 1964 s23 - statutory authority compulsory purchased freehold and leaseholds, compulsory areas - higher in rural areas
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land purchase acts - allowed land commission to take land belonging to state and transfer it to farmer farming the land
93% of land registered in Land Registry, remaining 7% dealt with be Registry of Deeds in contrast with 60% in HM land registry for England and Wales
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