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Land Registration - Coggle Diagram

- - - - static security (favor X)
        
        fairness
      - dynamic security (favor B)
        
        transaction free from prior burden
        
        fluid housing market
      - if follow mirror/curtain principle, if person's right registered then should have priority
  - - - X's right survive transfer sometimes
    - - e.g. B contract w X, give X new right
  - - - Establish that X has preexisting property right
        
        establish that X's right has not been overreached by conveyance to B
        
        Apply the LRA 2002 priority rules (s 28-29 and Sched 3) whether X --> B
      - if fails
  - - - LRA 2002 s 115: Rights of pre-emption
      - LRA 2002 s 116: equities by estoppel
    - - Rules concerning acquisition mortgages
        
        Abbey National v Cann
        
        son buy house, mortgage, mom live in
        
        mom argue son buy, gain equitable interest, and then son take out loan
        
        small gap where her interest is before bank
        
        HoL: when mortgage, NO "instance of time"
        
        equitable interest & mortgage happen same time
        
        since bank make purchase possible
        
        Scott v Southern Pacific Mortgages
        
        old ppl leaseback, purchaser mortgage, mortgagee try kick old ppl out
        
        try argue interest predates mortgagee at contract stage
        
        FAILD, no property right in the first place
    - - if X voluntarily waive, court recognize
      - Paddington Building Society v Mendelsohn : Bene impliedly waive to mortgagee
  - - - X's interest (pre-existing, proprietary, not waived and not overreached) PRIORITY over B
    - - an exception to s 28
      - B can be relief from X's prior right in some circumstances
      - 1) whether s 29 is triggerd by A--> B disposition
        
        "registrable disposition"
        
        LRA 2002 s 27
        
        e.g. declaration of trust NOT registrable, cannot rely on this
        
        "of a registered estate"
        
        whether A has registered estate in the first place
        
        "for valuable consideration"
        
        if A--> B is gift CANNOT use s 29
        
        only protect those who paid
        
        Halifax v Curry Popeck
        
        4 possibilities: no consideration/nominal/valuable/or part of fraudulent transaction
        
        Fish v Sky Apartments
        
        if valid contract for B to pay = valuable
        
        "completion of the disposition by registration"
        
        B need to register
        
        special treatment for unregistrable leases
        
        magically meet requirement: s 29(4)
        
        pretending that tenancy was registrable for the purpose of s 29
        
        deemed those requirement met
        
        e.g. 6 year lease
        
        seems like 2 out of 4 requirement can't met
      - 2) where s 29 applies, whats the effect
        
        s 29(1) the effect of postponing interest whose priority not protected
        
        whats "postponement"
        
        X interest pushed below B
        
        e.g. X has equitable easement, A--> B, trigger s 29, X not protected, postponed, lose right to walk
        
        NOT destroyed
        
        e.g. A--> B lease, X postponed, once lease expire X recover that interest
        
        protection against postponement
        
        LRA 2002 s 2
        
        registered charge
        
        will appear on register
        
        "subject of a notice"
        
        protection via notice
        
        LRA 2002 s 32
        
        do not guarantee validity BUT protect priority of the right
        
        interests which CANNOT be protected by notice
        
        under trust
        
        but they can use restriction
        
        lease ≤ 3 years
        
        LRA 2002 s 33
        
        Timing: registration gap
        
        registration deemed to take place when apply for registration
        
        if B apply, back date to the date they registered (reduce gap)
        
        If X put notice before B did, X get protection
        
        bit unfair
        
        official searches w priority
        
        purchaser can freeze register at contract stage
        
        prevent X from registering during gap
        
        Sched 3: unregistered interests which OVERRIDE
        
        tension
        
        safety value vs lack of protection for purchaser
        
        register not a complete record of everything
        
        where protection against buyer is neded
        
        interests which override under LRA 2002
        
        Sched 3
        
        Para 1: Leasehold estates
        
        4 more items...
        
        Para 3: Easements and profits a prendre
        
        4 more items...
        
        Para 2: actual occupation
        
        4 more items...
        
        The relevance of B's bad faith or fraud to the operation of LRA 2002 s 28 29
        
        Two potential approaches
        
        Midland Bank Trust v Green (unregistered land)
        
        applied registration regime strictly
        
        fraud irrelevant
        
        Peffer v Rigg (registered land)
        
        purchaser need to be in good faith to benefit from LRA 1925's priority rules
  - - - X can sign waiver form
    - - Wishart
        
        extension of "brocklesby": the legal owner's ability to act w authority of Bene does NOT require actual authority by the Bene
        
        can be implied
        
        basically when theres trust, imply that Bene give consent to trustee to deal
      - Pre-Washart
        
        infer/imply/impute waiver from relevant facts
        
        e.g. know needs mortgage, was there at the bank...
        
        Paddington BS v Mendelsohn
        
        implied waiver, knew that purchase can't be done w/o mortgage
        
        Thompson v Foy
        
        "Brocklesby Principle"
        
        if Bene give A the means of representing (i.e. they have Bene's consent to deal w property) A can dispose to B and Bene has no priority
      - Ali v Dinc: The law today
        
        1) genuinely infer consent
        
        2) genuine agency situation
        
        cannot assume principal agent relationship - have to find genuine agency
  - - - when does a right arise
        
        under a new contract (in writing
        
        B make oral promise to respect X's rights
        
        B's unconscionable conduct
        
        Ashburn Anstalt v Arnold
        
        not sufficient for B to promise in standard sale contract
        
        Chaudhary v Yavuz
        
        standard contract terms are not enuf for new right
        
        Binions v Evans
        
        express agreement to let X stayed - direct right arisen
    - - X's right will never be bigger/stronger than their original right
    - - if use Stage 2 too broad, undermining s 28 and 29
- - - - drives property market
    - - economic stability and growth
  - - - the more complete = less protection for ppl w no access to it (poverty/discrimination etc)
    - - conflict b/ "title by registration" vs. what rly happens (e.g. forgery)
    - - marginalization of informal interest
      - erosion of AP
      - undermine social relations?
      - prioritize purchaser > informal title/occupiers
  - - - mirror principle
        
        register reveal everything u need to know
      - curtain principle
        
        hides the thing that they shouldn't know
      - insurance principle
        
        if register wrong, state compensate
    - - title promise
        
        once registered, u got title
        
        e.g. forgery still get title
        
        this is guaranteed - if removed, get compensation
      - priority promise
        
        taking priority over others
      - empowerment promise
        
        empower w "owners power"
        
        can deal w the property
  - - - can look up instantly online
    - - certain transfer triggered compulsory land registration
      - LRA 2002 s 4 certain dealings w unregistered title
    - - Title: register deemed to be conclusive
        
        LRA 2002 s 58(1): registration brings title
      - Priority: the disponee of registered title have priority over certain prior interest that dont appear on register
        
        LRA 2002 s 28-29 and Sched 3
      - Empower: give "owner's powers" --> registered proprietor
        
        LRA 2002 s 23-26
    - - LRA 2002 s 65 and Sched 4
    - - LRA 2002 s 103 and Sched 8
- - - - 2) contract
        
        signed writing
        
        LP(MP) A 1989 s 2(1)
        
        this is equitable proprietary interest
        
        3) completion/disposition
        
        deed
        
        LPA 1925 s 52
        
        exception: short lease ≤ 3 yrs (s 54(2))
        
        beneficial right vest in disponee
        
        registration gap
        
        4) registration
        
        see if the disposition is registrable: LRA 2002 s 27
        
        legal title vests in disponee
        
        before this point only have equitable title
        
        exception: short lease (≤ 3yrs) LP(MP)A s 2(5)
      - has no legal effect
  - - - transfer of registered estate
      - grant of a lease for term > 7 yrs
      - grant of least to take effect in possession more than three month after date of grant
      - grant of discontinuous lease
      - express grant or reservation of interest in LPA 1925 s 1(2) (e.g. legal easements)
      - grant of a legal charge
  - - - lease: tenant = proprietor of leasehold title, notice of leasehold entered as notice on freehold title
      - charges
        
        bank registered as proprietor of charge in freehold title
      - easement
        
        notice entered on the register of burdened title
        
        benefit enter on register of benefited title
  - - - LRA 2002 s 58 - conclusiveness (title promise)
      - LRA 2002 s 23-26 owners powers (empowerment)
      - LRA 2002 s 28-29 and Sched 3: obtain priority (priority promise)
    - - LRA 2002 s 27(1): does not operate at law until registration
      - Scot v Southern Pacific Mortgages: fail to register, disponee only acquires equitable right
    - - LRA 2002 s 74
  - - - combining disposition + registration, simultaneously
      - aim to close registration gap
- - - - basically do anything w it
  - - - purchaser can exercise when reached disposition, DONT need registered to have this
  - - - remove limitation for proprietor to deal w property
      - purchaser have more confidence when buying
    - - if no limit in register, disponee can assume owner has full power of disposition
      - owner's power assist w registration gap
        
        allow proprietor who has equitable interest (due to not yet registered) to make disposition
  - - - cannot enter a disposition in which the restriction applies
    - - preventing unlawful dispositions
      - ensuring that overreaching occurs, where title is held on trust
- - - - fee simple absolute in possession
      - terms of years absolute (generally only when this is > 7 years)
      - profit a prendre
      - Easements (can only exceed under one title, burden on another title)
      - charges (known as mortgages)
    - - title promise
        
        LRA 2002 s 58 (registration confers title)
      - priority promise
        
        LRA 2002 s 29 and Sched 3 (give priority over some prior and future interest)
      - empowerment promise
        
        LRA 2002 s 23-26 (confers owners power)
  - - - by putting notice
        
        only applies in register land
    - - LRA 2002 s 32: protecting interest by notice --> has priority (via s 29) if the burdened registered estate is transferred
    - - LRA s 33
      - interests under a trust of land
      - leasehold estate which is granted for a term ≤ 3 yrs
      - restrictive covenant made b/ lessor and lessee
  - - - what belongs to the proprietor
    - - who owns the title and their powers
    - - e.g. a mortgage lying on the property
      - or notice on the title