Registered and Unregistered Title to Land

Registered Land
1. Registrable dispositions
  1. The dispositions that must be completed by registration are set out in Section 27 (1) LRA 2002 - If a disposition is required to be completed by registration, then it does not operate at law until it is registered in accordance with the requirements.
    1. Transfer of the registered freehold estate
      1. This includes transfers by any of the following methods: a) for valuable or other consideration b) by way of gift c) in pursuance of a court order d) transfer by personal representatives on death
    2. The grant of a legal lease with more than seven years to run
      1. In addition, certain leases for less than seven years are registrable, e.g. those which take effect more than three months after the date of the grant
    3. Certain other leases and rights arising under leases
      1. For example registration of the grant of a right to buy a lease under the Housing Act 1985
    4. The express grant or reservation of legal easements, legal profits, legal rentcharges
    5. A first legal mortgage created out of the estate
      1. This will apply whenever existing legal mortgages are discharged and new mortgage is created. This rule has proved to be one of the main means of transferring land from the unregistered system to the registered sysytem
2. Minor interests
3. Overriding interests
  1. Interests which override on first registration
    1. Legal leases not exceeding seven years
    2. Interests of people in actual occupation (when there is first registration the interests of persons in actual occupation are binding whether or not the occupier has made enquiries of them)
    3. Legal easements and profits (not equitable)
    4. Miscellaneous (e.g. local land charges)
  2. Interests which override on subsequent registration
    1. Leases
      1. Legal leases not exceeding seven years are overriding interests (Sch 3 Para 1 LRA 2002)
      2. Equitable leases should be protected as minor interests but if they're not and the leaseholder is in actual occupation then there may be an overriding interest under Sch 3 Para 2 LRA 2002
        OVERRIDING INTEREST OF OCCUPIERS - Schedule 3 Para 2 LRA 2003
        An interest belonging at the time of the disposition to a person in actual occupation except for (i) an interest of a person of whom inquiry was made before the disposition and who failed to disclose the right when he could reasonably have been expected to do so and (ii) which belongs to a person whose occupation would not have been obvious on a reasonably careful inspection of the land at the time of the disposition, and (ii)of which the person to whom the disposition is made does not have actual knowledge at that time
        The law changed from the LRA 1925 when the corresponding provision (S. 70(1)(g) LRA 1925) did not provide that an overriding interest could be lost in case (ii) above - the new provision has in effect introduced the notion of notice found in unregistered land
Unregistered Land (title deeds conveyancing)
1. The LPA 1925 sought to eliminate the use of the doctrine of notice but it did not substitute a single device - it was replaced by overreaching and by the registration of land charges under the Land Charges Act
  1. Overreaching
    1. S2 (2) of LPA 1925 provides the requirement that the purchaser must deal with at least two trustees and S27 stipulates that any purchase money or mortgage loan arising on the conveyance must be paid to at least two trustees or a trust corporation. Only operates if purchase money does arise as shown in State Bank of India v Sood, can still operate if it's only mortgage
    2. Favours the purchaser over the owner of the overreached interest, City of London Building Society v Flegg, not necessarily fair. Could lead to different outcomes in relation to registered land because if the trustees were in actual occupation then it would be an overriding interest. Law com suggested applying this universally to the doctrine of overreaching but this was denied
  2. Land Charges Act of 1925 now 1972
    1. Check for whether the interest is capable of being registered as a land charge, look at the date (pre or post 1926)
      1. If registered as a land charge in the correct name then under S198 (1) LPA 1925 it constitutes as actual notice however where a purchaser has entered into a contract to buy the land and a search of the register reveals a land charge that he was unaware of then the purchaser is not obliged to complete the contract S24 (1) LPA 1969
      2. Go on to classify which type of Land Charge it is. This will affect the effect of non registration too. The ones to focus on for the exam are Class C(i) puisne mortgages, Class C(iv) estate contracts, Class D(ii) a restrictive convenant entered into on or after 1 January 1926, Class D(iii) an equitable easement or profit created or arising on or after 1 January 1926
        EFFECT OF NON REGISTRATION FOR CLASS C (iv) and CLASS D: S.4(6) Land Charges Act 1972 provides that an estate contract and a land charge of Class D created or entered into on or after 1st January 1926 shall be void as against a purchaser for money or money's worth of a legal estate in the land charged with it, unless the land charge is registered in the appropriate register. The meaning of money or money's worth was considered in Midland Bank v Green, reference to money or money’s worth excluded marriage consideration but did not require the consideration to be adequate
  3. Doctrine of notice
    1. Rule in Pilcher v Rawlins, must be a bona fide purchaser of the legal estate for value without notice

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Registered and Unregistered Title to Land

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