Land Law Basics Flashcards

What is 'registration of title' under the Land Registration Act 2002?

Answer: The process by which ownership of land in England and Wales is recorded at HM Land Registry, creating a guaranteed title

Under the Land Registration Act 2002, title to land in England and Wales is recorded at HM Land Registry. Triggers for first registration include transfer on sale, grant of a lease of 7 years or more, and first legal mortgage.

What are the three elements of the registered title register?

Answer: The property register (describes the land), the proprietorship register (details the owner), and the charges register (details mortgages and other burdens)

Every registered title has three parts: (1) the Property Register (describes the land, its tenure, and benefits), (2) the Proprietorship Register (details the registered owner and any restrictions on their powers), and (3) the Charges Register (entries relating to mortgages, restrictive covenants, and other third-party rights).

What is a 'notice' on the register of title and what is its effect?

Answer: An entry on the charges register that protects a third party's interest against a purchaser of the registered estate

A notice under s.32 Land Registration Act 2002 is entered on the charges register to protect interests against a purchaser. Once entered, the interest will bind a purchaser even if they are unaware of it.

What is a 'restriction' on the register and when is it used?

Answer: A restriction prevents or limits registration of a disposition unless a condition is satisfied, often used to protect beneficial interests under a trust

A restriction under s.40 Land Registration Act 2002 limits the circumstances in which a disposition of the land can be registered. They are commonly used to protect trust interests (e.g., requiring payment to two trustees to achieve overreaching).

What is 'alteration of the register' and when may it occur?

Answer: The court or registrar may alter the register to correct a mistake or bring it up to date, with indemnity payable if loss results

Under Sch.4 Land Registration Act 2002, the register may be altered to correct mistakes, bring it up to date, or give effect to an estate, right, or interest. Where alteration involves the rectification of a mistake and causes loss, the state pays indemnity under Sch.8.

What is the effect of 'first registration' of title?

Answer: The applicant is registered with an absolute, qualified, possessory, or good leasehold title depending on the quality of their title

On first registration, the Land Registrar will register the applicant with the class of title appropriate to the quality of evidence provided — absolute title (best), qualified, possessory, or good leasehold title — each giving different levels of guarantee.