This website uses cookies to ensure you get the best experience on our website. Learn more

GDL Law Notes GDL Land Law Notes

Unregistered Land Notes

Updated Unregistered Land Notes

GDL Land Law Notes

GDL Land Law

Approximately 556 pages

A collection of the best GDL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from top students and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of GDL notes available in the UK this year. This collection of GDL notes is fully updated for recent exams, also making them the most up-to-date GDL study materials ...

Available here

The following is a more accessible 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:

Categories of interests

  1. Legal interests

  • Bind the whole world: no need for notice or registration – binds a purchaser simply because it’s legal

  • Exception: puisne mortgage (not protected by deposit of title deeds with lender) which must be registered as a land charge

  1. Equitable interests subject to registration under the LCA 1972

Land Charges Act 1972 (which replaced LCA 1925)

  • Some 3rd party interests must be registered

  • Registration constitutes notice: s199 LPA 1925

  • If these interests are not registered, a purchaser of the land is not bound

Section 2 LCA 1972 - Interests which have to be registered – all given letters and numbers:

  • Puisne mortgage: C (i) – S2(4)(i) LCA 1972

  • General equitable charge: C (iii) - S2(4)(iii) LCA 1972

    • Equitable mortgage (where not by deed or not registered)

  • Estate contract: C(iv) (S2(4)(iv) LCA 1972

    • Right of pre-emption

      • Cannot be registered until owner decides to sell - Pritchard v Briggs

    • Option to purchase or contract of purchase

    • Equitable lease (contract for legal lease)

  • Inland Revenue Charge: D(i) – S2(5)(i)LCA 1972

  • Restrictive covenant: D(ii) – S2(5)(ii) LCA 1972

    • only applies to restrictive covenants btw freeholders and doesn’t apply to those created before 1926 (protected by doctrine of notice)

  • Equitable easement: D(iii) – S2(5)(iii) LCA 1972

    • Equitable when it’s not by deed or its for an uncertain period of time – must be registered as a land charge to be binding

    • Equitable easement created before 1926 – protected by old doctrine of notice

  • Spouse’s right to occupy home under Family Law Act 1996: F – S2(7) LCA 1972

Incorrect Registration

  • Registration must be against the correct name(s) of the estate owner(s) at the time of the creation of the land charge: s3(1) LCA 1972 – if not then registration is a nullity: Diligent Finance Co Ltd v Alleyne:

  • In Standard Property Investment v British Plastics Federation: version of the name(s) as appears in the title deeds and not as it appears in other contexts (birth certificate etc.)

Effect of failure to register land charge

  • Unregistered C(i), C(iii) or F - void vs. a purchaser for value of any interest in the land – S.4(5),(8) LCA 1972

  • Unregistered C(iv), D(ii), or D (iii): void vs. a purchaser of the legal estate for money or moneys’ worth – S.4(6) LCA 1972

    • And only through money or moneys’ worth – doesn’t include marriage consideration

    • Midland Bank Trust v Green: nominal...

Buy the full version of these notes or essay plans and more in our GDL Land Law Notes.

More GDL Land Law Samples