Land Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB land law cases and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Hong Kong or Malaysia (University of London).
These were the best Land Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LLB samples from outstanding law students with the highest results in ...
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Land Registration (LRA 2002)
Effect of First Registration
Effect of first registration of Fee Simples
LRA 2002 S.11(2)+(3) In every case, the legal fee simple is vested in the proprietor, regardless of whether that person held such a title
But this is subject to three exceptions:
S.11(4)(a) but this is subject to interests protected on the register and (b) overriding interests.
S.11(5) and where the proprietor is a trustee, the beneficiaries interests bind the proprietor if he has notice of them
S.11(4)(c) similarly adverse possession binds proprietors with notice of them.
What about where the first registered proprietor didn’t own the land?
One the face of it RP gets good title but previous owner has some arguments available:
When in actual occupation, the previous owner can assert ownership by way of overriding interest
A claim for alteration of the register may be available
Effect of First Registration of Leases
S.12(4) Estate vested subject only to
(a) implied and express covenants
(b) interests subject to an entry on the register
(c) overriding interests
(5) rights of beneficiaries he has notice of.
Registrable Interests (where land is not yet registered)
S.4(2) A qualifying estate is...
s.4(2)(a) Fee Simple
s.4(2)(b) Leases
Land must be registered where:
S.4(1)(a) Within two months of conveyance of the qualifying estate by sale or gift
S.4(1)(c) the grant out of a qualifying estate
(i) of a lease/sub lease
AND (ii) for valuable consideration or by gift
S.4(1)(d) A future lease is granted to take effect after three or more months from grant
S.4(1)(g) On the creation of the first legal mortgage
Voluntary Registration
Under s.3 land can also be voluntarily registered at any time if land is unregistered
Registrable Dispositions (where the land is already registered and some transaction occurs)
Dispositions within s.27
S.27(1): Transactions listed under s.27(2) must be registered – there is no legal title until this has occurred
Smith: this is more than a technicality – delay in registration will prejudice purchasers if other interests are protected or some interests become overriding prior to registration.
However, before registration, purchaser will have equitable interest by virtue of consideration, so long as there is writing to satisfy formality requirements
They can then try to gain an overriding interest instead (see below).
Those required to be registered:
S.27(2)(a)Transfers
S.27(2)(b)Leases
(i) Lease of more than seven years
Smith: is seven years enough?
If all leases registered, then would clog up Land Registry and be too expensive
Equally, commercial leases have gone done in length so need to be court by the 7 years limit rather than 21 years as per pre 2002.
(ii) future lease to take effect three or more months after grant
(iii) discontinuous leases
S.27(2)(d) The Express Grant or Reservation of an easement/profit
Those easements passing under the general words implied into transfers don’t need to be registered – they will be overriding interests (see below)
S.27(2)(f) grant of a legal charge (mortgage)
Effect of Registration
S.29(1): Purchasers with Registrable Dispositions made for valuable consideration will gain the lack of Registration Defence and gazump any previous unregistered interests
In order to gain this, purchasers need to fulfil number of requirements:
(1)C acquires property right for valuable consideration
(1)C registers property right
(1) B’s right is not recorded on the register
S.29(2) There are no overriding interests in force
There is no “good faith purchaser” defence
Midland Bank Trust Co v Green [1981]:
Lord Wilberforce:
LCA 1972 excludes a requirement of good faith for the lack of registration defence
Reason for this is that adding this in would bring with it the necessity of inquiring into the purchaser’s motives and this would lead to difficulties.
Legislative intention was clearly to eliminate necessity of inquiring into motives and states of mind.
However, effect of this may be softened by constructive trusts – see below.
Other Interests
Other interests are a residual category (“minor interests” is a misleading term because any interest can be protected by as an overriding interest by actual occupation)
Most important characteristic is that it will not bind a registered disposition unless it is entered on the register
And even then, protected minor interests enjoy no priority over earlier interests.
Some interests which can be protected (amongst others)
S.116(a) Estoppel claims
Macnair: however, estoppel will be subject to priority rules – thus the estoppel interest must be registered on the register in order to be protected against later interest.
S.116(b): Equities (claims to equitable remedies)
S.115 Rights of pre-emption
Priorities
LRA 2002 s.28: An earlier interest will defeat a latter interest
Even if that later interest is registered and the earlier interest it not
Exceptions
Registrable dispositions
S.29 (1)Where a registrable disposition of a registered estate is
1. Made for valuable consideration (so priority only given to purchasers, not voluntary transferees),
2. Registered
Any earlier unprotected interest “affecting the estate immediately before the disposition”
is defeated by the transfer unless the interest is overriding (per Schedule 3)
Overriding Interests
These will be accorded priority over all other interests whether registered or not (including registrable dispositions)
Effect = you can’t have a bona fide purchaser defence for trusts of land
Smith: is disappointing that greater purchaser protection is not given
Cos unless you have a registrable disposition you won’t be protected by unregistered minor interests of an earlier time
Despite the title appearing unencumbered.
Law Com: this will be less of a problem when compulsory electronic registration is in...
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Land Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB land law cases and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Hong Kong or Malaysia (University of London).
These were the best Land Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LLB samples from outstanding law students with the highest results in ...
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