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Land Law Section 4 Registered Land - Coggle Diagram

- - - - Note assent/inheritance is only compulsory registration after 1998
- - - - Contains 1 of the 4 classes of Title and Owner's Name
- - - - Provided based on documents HMLR receives in registration
      - Freehold Titles
        
        1 Absolute Freehold Title
        
        Best class of title - legal estate and interests ALL registered
        
        Requires full documentary evidence
        
        Estate is only subject to interests which are on the Register (charges, notices, restrictions)
        
        2 Possessory (Freehold) Title
        
        Based on factual possession of the land, rather than documentary evidence
        
        Common for:
        
        When title deeds are lost
        
        Squatters
        
        Can be upgraded to an absolute freehold title after the landowner has been in uninterrupted possession of the property for 12 years
        
        Can have CAUTIONS registered against it;
        
        Subject to all interests if someone can show better proof, INCLUDING someone with a BETTER PROOF OF TITLE
      - Leasehold Titles
        
        3 Absolute Leasehold Title
        
        Similar to Absolute Freehold Title
        
        Guarantee of Register extends to any superior leasehold titles and freehold titles - leaseholder is NOT subject to any surprise interests
        
        Requires production of, upon Registration of Leasehold Title:
        
        Leasehold Title
        
        Titles of any superior leaseholds
        
        Freehold title over the land leased
        
        4 Good Leasehold Title
        
        Guarantee of the register covers lease, BUT does not extend to
        
        The freehold title
        
        Any superior leasehold titles
        
        Leaseholder may thus be subject to surprise interests/rights/obligations from:
        
        Anything contained in the freehold title they failed to produce
        
        Anything contained in the superior leasehold titles they've failed to produce
        
        Requires one applied to register their leasehold estate but
        
        Did not produce the freehold title to HMLR when registering
    - - Effect of Entering A Restriction
        
        The instruction in the restriction MUST be complied with for the estate to be transferred
      - Restrictions can protect:
        
        Beneficial Interests Under a Trust
        
        Such as when the beneficial interest of a property is owned by Tenants-In-Common
        
        For the above, a standard form of restriction on the proprietorship register part of the Register of Title as follows is entered:
        
        No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by a Court
        
        Note: Over-reaching can overcome this - see Section 5
- - - - Object to the application for Registration (don’t confuse with objecting to the de-registration of their caution)
      - Give notice they do not intend to object
- - - - Details of lender and date of charge
      - Protects lender's interest in legal terms (could still be protected in equity if failed)
      - Can cancel a paid-off legal mortgage by File a discharge form with the Land Registry for the mortgage
  - - - Equitable mortgages
      - Covenants
      - Equitable easements
      - Estate contracts
      - Matrimonial homes rights
    - - The Effect of Entering a Notice
        
        Makes it binding on future estate-owners
        
        Remember, otherwise does not bind purchasers for valuable consideration
        
        But does still bind gift/assent etc
      - The rules of registering a notice
        
        MUST be made with REASONABLE CAUSE, and a DUTY OF CARE is owed to anyone who suffers damage if a notice is entered withotu reasonable cause
    - - Owner of estate (registered proprietor) can apply to cancel a Notice to HNLR
      - The Registrar contacts the Notice-benefitter and lets them respond in a prescribed period. If they fail to respond, the Notice is cancelled
- - - - Remember, leases over 7 years must be registered with HMLR - check bottom right, green!!
    - - Conditions must be met
        
        The purchaser has actual knowledge of the easement or profit; OR
        
        The easement/profit is obvious on reasonably careful inspection of the land (sort of like constructive notice in terms of physical inspection of the land);
        
        The easement or profit was EXERCISED WITHIN 1 YEAR OF THE DISPOSITION; OR
      - What makes an implied legal easement?
        
        It is NOT the failure to use a deed to create an express easement; rather:
        
        Any of:
        
        Implied by Necessity: If the easement is necessary for the use of the dominant land (e.g., where land would otherwise be landlocked), an easement will be implied by law to ensure access.
        
        • Implied by Section 62 of the Law of Property Act 1925: This section allows for the automatic inclusion of easements when land is transferred unless expressly excluded.
        
        • Implied by the Rule in Wheeldon v Burrows: If, before the sale of land, there was a continuous and apparent use of part of the land for the benefit of another part, that use may become an implied easement when the land is sold.
        
        • Implied by Common Intention: An easement may be implied if it was clearly the common intention of the parties at the time of the transfer that the land would be used in a certain way (e.g., a right of access for business purposes).
    - - Do not confuse with Notice/ Class F Land Charge for Matrimonial Homes' Rights - this does not provide an INTEREST In land
      - Typically Overriding Unless
        
        The occupier failed to disclose their occupation upon reasonable enquiry
        
        The occupation was not obvious on a reasonably careful inspection of the land at the time of the disposition; AND the buyer did not have actual knowledge of the interest
      - Requires interest in land AND actual occupation
      - 'Actual Occupation' - Meaning
        
        Up to Common-sense Court interpretation, but courts considers, inter alia, personal circumstances of person concerned, length of absences, intentions/wishes of person concerned
        
        Note: the Occupation MUST exist at the time of the transfer of the property to the buyer