CILEx L6 Land Law (Registered & Unregistered) — Questions and Answers
Question 1: What is the difference between 'registered' and 'unregistered' land in England and Wales?
- Registered land has title guaranteed by the state through the Land Registry register; unregistered land depends on the deduction of title through a chain of title documents (Correct answer)
- Registered land can be mortgaged; unregistered land cannot
- Unregistered land is always rural; registered land is always urban
- Registered land is held freehold; unregistered land is held leasehold
Correct answer: Registered land has title guaranteed by the state through the Land Registry register; unregistered land depends on the deduction of title through a chain of title documents
In registered land, title is evidenced by the register at HM Land Registry and guaranteed by the state. In unregistered land, title is proved by examining a chain of title documents (conveyances, abstracted title deeds) going back at least 15 years under s.44 LPA 1925.
Question 2: What is the significance of a 'class F charge' under the Matrimonial Homes Act / Family Law Act 1996?
- It protects a non-owning spouse's or civil partner's right of occupation of the matrimonial home by registration as a notice (registered land) or land charge (unregistered land) (Correct answer)
- It is a mortgage securing maintenance payments
- It gives the non-owning spouse a right to buy the property at below market value
- It prevents the owning spouse from re-mortgaging the property without consent
Correct answer: It protects a non-owning spouse's or civil partner's right of occupation of the matrimonial home by registration as a notice (registered land) or land charge (unregistered land)
A Class F land charge (unregistered land) or a home rights notice (registered land) under the Family Law Act 1996 protects a spouse's or civil partner's right of occupation of the matrimonial home against a purchaser or mortgagee who would otherwise take free of it.
Question 3: What is the difference between 'void' and 'voidable' dispositions in the context of registered land fraud?
- A void disposition confers no title even if registered; a voidable disposition may be set aside but is valid until set aside, and an innocent buyer for value acquires good title (Correct answer)
- A void disposition can always be set aside by the Land Registry; a voidable one cannot
- Void dispositions can be ratified; voidable ones cannot
- A voidable disposition confers no title; a void one remains valid unless set aside by court
Correct answer: A void disposition confers no title even if registered; a voidable disposition may be set aside but is valid until set aside, and an innocent buyer for value acquires good title
A void disposition (e.g., a forged deed) confers no title even if the disponee registers. A voidable disposition (e.g., one procured by misrepresentation) is valid unless set aside; a bona fide purchaser for value who registers before the disposition is set aside acquires good title.
Question 4: What is the principle from Williams & Glyn's Bank v Boland [1981] regarding actual occupation?
- A person in actual occupation with a beneficial interest under a trust has an overriding interest that binds a mortgagee who fails to inquire about their rights (Correct answer)
- A mortgagee takes free of all beneficial interests if they pay the purchase price
- Actual occupation is only relevant for adverse possession claims
- A beneficiary must register their interest at the Land Registry to bind a mortgagee
Correct answer: A person in actual occupation with a beneficial interest under a trust has an overriding interest that binds a mortgagee who fails to inquire about their rights
In Boland [1981] AC 487, the House of Lords held that a wife in actual occupation had an overriding interest binding the bank (mortgagee), notwithstanding the bank's failure to inquire about her interest. This led to changes now codified in Sch.3 LRA 2002.
Question 5: What are 'title absolute', 'qualified title', 'possessory title', and 'good leasehold title' in registered land?
- Four classes of registered title reflecting the quality of the evidence of ownership — absolute is the strongest guarantee, qualified is subject to an identified defect, possessory is for adverse possession or lost title deeds, and good leasehold is for leases where the freehold cannot be inspected (Correct answer)
- Different types of tenure in registered land
- Different forms of ownership for commercial, residential, and agricultural land
- Different registers maintained by the Land Registry for different categories of land
Correct answer: Four classes of registered title reflecting the quality of the evidence of ownership — absolute is the strongest guarantee, qualified is subject to an identified defect, possessory is for adverse possession or lost title deeds, and good leasehold is for leases where the freehold cannot be inspected
These are the classes of title in registered land: (1) absolute — full state guarantee, (2) qualified — guarantee subject to an identified excepted right, (3) possessory — no guarantee against prior third party rights, (4) good leasehold — guarantee of the lease but not the superior title. Most registrations are absolute freehold or absolute leasehold.
Question 6: What is 'adverse possession' of registered land under the Land Registration Act 2002?
- After 10 years' adverse possession, the squatter may apply to the Land Registry; the registered proprietor is notified and has 2 years to recover possession; after a further 2 years the squatter may be registered (Correct answer)
- 12 years' adverse possession automatically transfers title in registered land
- Adverse possession cannot affect registered land
- Adverse possession of registered land requires a court order in all cases
Correct answer: After 10 years' adverse possession, the squatter may apply to the Land Registry; the registered proprietor is notified and has 2 years to recover possession; after a further 2 years the squatter may be registered
Under the LRA 2002, adverse possession of registered land does not automatically transfer title. After 10 years, the squatter applies; the registered proprietor is notified and has 65 business days to respond. If they do not, the squatter is registered. If they do, the squatter must re-apply after 2 further years.
CILEx L6 Land Law (Registered & Unregistered)
What is the difference between 'registered' and 'unregistered' land in England and Wales?