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Registered And Unregistered Land Notes

GDL Law Notes > GDL Land Law Notes

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A more recent version of these Registered And Unregistered Land notes – written by Cambridge/Bpp/College Of Law students – is available here.

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Land: Interests in Registered and Unregistered Land Interests in Land

Legal Interests
- Preliminary issues: does grantor have legal capacity? (e.g. not owner of equitable lease). does interest have legal capacity? s1(2) LPA 1925: (a) easements/profits for freehold/leasehold period (if not specif ied: assumed same period as grantor's estate); (b) rentcharge; (c) charge by way of legal mortgage; (d) similar charge; (e) landlord's right of entry.
- Creation formalities:

1. deed (s52(1) LPA 1925)

2. registration: registered land - any express grant (s27(2) LRA 2002: transfer of legal estate; 7+ year legal lease; expressly granted legal easement, legal charge); unregistered land - mortgage (s4(1)(g) LRA 2002).
- Transfer formalities: assignment: deed (s52(1) LPA 1925). if failed ? could be equitable interest (estate contract) if s2 LP(MP)A 1989 compliant. conveyance: transfer of interests implied (s62 LPA 1925) unless contrary intent expressed (s62(4)).
? remedy if infringed: damages by right + equitable remedies at court's discretion.

Equitable interests
- Types of equitable interest:

1. inherently equitable (s1(3) LPA 1925: any interest not in s1(2) LPA 1925): e.g. restrictive covenant, estate contract (inc. option + right of pre-emption [s115 LRA: interest from time created]); beneficial interest under trust (express declaration: s53(1)(b)

LPA 1925 formalities), easement for uncertain period.

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