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Registered Land Notes

GDL Law Notes > GDL Land Law Notes

Updates Available  

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

The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Land Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Revision: Land

[ENFORCEMENT OF 3RD PARTY INTERESTS: REIGISTERED LAND]
4 registration categories

1. Registered estates : freehold and legal leases for more than 7 years

2. Registered charges: legal mortgages

3. Registered interests: 3rd party interests which are not overriding - covenants, easements, estate contracts

4. Overriding interests: don't have to be registered Estates and Interests in registered land which have to be registered to be legal (Registrable dispositions)

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Some interests, in a registered land context, must be registered as part of their creation in order to take effect as legal estates/interests: full list in s27(2) LRA 2002 o

Such estates are automatically binding on any new owner of the affected land: clear from the register of title

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E.g. expressly granted easements must be registered to gain legal status: s27(2)(d) LRA 2002

Interests Protected by Entry of a Notice on the Register

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Many do not have to be entered on the register as part of the formalities for their creation (in particular equitable interests)

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S28 LRA 2002: basic rule that all interests in registered land will be binding on a purchaser o

However: S29 LRA 2002: qualified by additional requirement to enter a notice on the charges register of the servient land in order to ensure a buyer of that estate will be bound (with the exception of 'overriding interests' under Sch. 3 LRA 2002

Notice on the charges register (s32 LRA 2002)

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Person with the benefit of the right must enter a notice on the charges register of the burdened property (s32 LRA 2002): provided it is not one of those excluded under s33

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Agreed: s34 LRA 2002; or,

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Unilateral: s35 LRA 2002

Entry of a notice does not mean that the interest is valid; merely that it has been duly protected 1

Revision: Land

[ENFORCEMENT OF 3RD PARTY INTERESTS: REIGISTERED LAND]

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Notices appropriate for protection of interests such as equitable easements, equitable leases and restrictive freehold covenants

Interests that can't be registered by notice: s33 LRA 2002

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Interests under a trust (registered by restriction)

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Lease for three years of less

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Restrictive covenants between landlord and tenant

Effect of failure to enter a notice on the charges register:

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Purchaser for valuable consideration of an estate registered with absolute title takes the land subject only to overriding interests and entries appearing on the register (s29(2) LRA 2002)

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S29(1) LRA 2002: if an interest is not correctly protected, a purchaser for valuable consideration takes freely from it o

If you haven't given valuable consideration then you are bound by all interests in the land: registered or not

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The fact that the buyer may be aware of the existence of the unprotected interest would not, on its own, alter this result o

De Lusignan v Johnson: Buyer had express notice of an estate contract but nevertheless took freely

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Exception: o

Lyus v Prowsa Developments Ltd: LRA cannot be used as an instrument for fraud: despite the lack of registration, there was a constructive trust in favour of : to allow otherwise would be fraud

Restrictions and overreaching Restrictions: s40 LRA 2002

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Appear in the proprietorship register under the name of the proprietor: demonstrates that proprietor is under some restriction affecting his ability to deal with the property

Overreaching: 2

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