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Law Notes Land Law Notes

Land Registration Notes

Updated Land Registration Notes

Land Law Notes

Land Law

Approximately 987 pages

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 ...

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

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


  • 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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