REGISTERED TITLE CONVEYANCING
The key statute as relates to registered title conveyancing is the Land Registration Act 2002 (which
replaced and repealed the Land Registration Act 1925)
Occurred on ‘triggering events’ such as on the sale of land, a purchaser had the duty to register
their land on the register, initially on a county-by-county basis which remained in place until it was
made nationwide in 1989
Predominantly a nationwide system (eventual aim that all land will be under a registered title)
Far more protective of those in actual possession than in unregistered title occupation
Principles of registered title conveyancing
Substantive registration of title, not the registration of land (to either a fee simple absolute in
possession or certain leasehold estates)
‘The foundation of the system [of land registration] is the registration of title to freehold and
long leasehold estates, the legal title being established by an official register rather than by
the assemblage of deeds and documents upon which unregistered titles are based...’ (Law
Com No 125, Property Law: Land Registration (1983), para 1.5)
Different registers for the same estate which may relate to different individuals in separate
ways (eg. as a leasehold estate from a landlord’s fee simple absolute)
Lesser registration for certain estates and rights + overriding interests
‘The many other rights and interests in land such as restrictive covenants, easements and
various kinds of financial burden are not susceptible of substantive registration: they are
however capable of protection by entry on the registers of the titles which they affect, and a
limited class of interests (known as ‘overriding interests’) is protected even though they are
not entered on the register’
eg. a landlord may hold a fee simple absolute, but if there is another occupier via a
restrictive covenant etc., they will be invited to create a Notice on the register (eg. ‘this
estate may only be used for residential purposes)
Overriding interests- rights which can bind a purchaser without being mentioned on the
register (not the same as ‘overreaching interests’)
Mirror principle- idea that the register should be a mirror to the condition of the estate (should
accurately tell someone all of the required information to a purchaser- eg. any third-party rights)
However, it has been accepted that overriding interests will act as a barrier to this mirror
principle (presents a risk to a purchaser)
Any amendments and reviews of the system since 1925 largely revolve around amending
this principle
Curtain principle- idea that, if you read the register, there will be no need to dig any further to
find out any relevant information
eg. an entry to the register may indicate that the estate is held on Trust and any purchaser
should be able to find out that they will or will not be able to overreach this interest without
needing to investigate the rights of the trustees any further
, Insurance principle- the register, under guarantee from the government, is reliable to the extent
that, where there are inaccuracies in the register and this causes financial loss, an individual will
receive compensation from the government
The 2002 Reforms
Desire for greater efficiency via E-conveyancing (would enable transactions and changes to the
register to be done remotely and instantaneously)
Expectation for rights to be registered (designed to better support the Mirror Principle)
Overriding interests to be significantly reduced and limited following the ruling in Boland
Dispositions of registered estates to be registered simultaneously
Elimination of the registration gap and all conducted through electronic communications
The time taken to send the signed deed off to the register and have it physically registered
would take around a week- would not be legal title holder until their name is placed on the
register (only an equitable interest holder prior to this- could give the seller the opportunity
to find another third-party interest etc.)
However, the process was suspended in terms of setting up the relevant infrastructure as a result
of the 2008 Financial Crash
Similarly, this would require an amendment of the relevant law requiring a physical deed (check)
Nature and form of the register
Used to follow an Index Map, however this is now online (if searched up and this comes back blank,
it will be an unregistered title)
Will return a unique title number, which can be further searched to offer the requisite
information
Must return the desired quality of estate- if a purchaser wants a fee simple absolute in
possession, this must be registered
May also return more than one unique title numbers for the same address, so a solicitor
must ensure that the correct title holder is being dealt with
A title register has 3 sections
Property Register- will contain the description of the land, reference to the plan, quality of
the estate and any rights which the estate benefits from (eg. right to wheel bin across land)
Proprietorship Register- will contain the seller’s name and any restrictions imposed on their
ability to buy and sell the relevant estate
Charges Register- will record any third-party rights which burden the estate (eg. restrictive
covenants)- completely separate from the Land Charges Act 1972 from the unregistered title
system
Classification of interests
Substantively registrable interests- offered own unique title number and own new pages in
register
Estates/interests required to be created by registration- in order to create these interests
and have them be binding, an entry must be made in relation to a particular title number
The key statute as relates to registered title conveyancing is the Land Registration Act 2002 (which
replaced and repealed the Land Registration Act 1925)
Occurred on ‘triggering events’ such as on the sale of land, a purchaser had the duty to register
their land on the register, initially on a county-by-county basis which remained in place until it was
made nationwide in 1989
Predominantly a nationwide system (eventual aim that all land will be under a registered title)
Far more protective of those in actual possession than in unregistered title occupation
Principles of registered title conveyancing
Substantive registration of title, not the registration of land (to either a fee simple absolute in
possession or certain leasehold estates)
‘The foundation of the system [of land registration] is the registration of title to freehold and
long leasehold estates, the legal title being established by an official register rather than by
the assemblage of deeds and documents upon which unregistered titles are based...’ (Law
Com No 125, Property Law: Land Registration (1983), para 1.5)
Different registers for the same estate which may relate to different individuals in separate
ways (eg. as a leasehold estate from a landlord’s fee simple absolute)
Lesser registration for certain estates and rights + overriding interests
‘The many other rights and interests in land such as restrictive covenants, easements and
various kinds of financial burden are not susceptible of substantive registration: they are
however capable of protection by entry on the registers of the titles which they affect, and a
limited class of interests (known as ‘overriding interests’) is protected even though they are
not entered on the register’
eg. a landlord may hold a fee simple absolute, but if there is another occupier via a
restrictive covenant etc., they will be invited to create a Notice on the register (eg. ‘this
estate may only be used for residential purposes)
Overriding interests- rights which can bind a purchaser without being mentioned on the
register (not the same as ‘overreaching interests’)
Mirror principle- idea that the register should be a mirror to the condition of the estate (should
accurately tell someone all of the required information to a purchaser- eg. any third-party rights)
However, it has been accepted that overriding interests will act as a barrier to this mirror
principle (presents a risk to a purchaser)
Any amendments and reviews of the system since 1925 largely revolve around amending
this principle
Curtain principle- idea that, if you read the register, there will be no need to dig any further to
find out any relevant information
eg. an entry to the register may indicate that the estate is held on Trust and any purchaser
should be able to find out that they will or will not be able to overreach this interest without
needing to investigate the rights of the trustees any further
, Insurance principle- the register, under guarantee from the government, is reliable to the extent
that, where there are inaccuracies in the register and this causes financial loss, an individual will
receive compensation from the government
The 2002 Reforms
Desire for greater efficiency via E-conveyancing (would enable transactions and changes to the
register to be done remotely and instantaneously)
Expectation for rights to be registered (designed to better support the Mirror Principle)
Overriding interests to be significantly reduced and limited following the ruling in Boland
Dispositions of registered estates to be registered simultaneously
Elimination of the registration gap and all conducted through electronic communications
The time taken to send the signed deed off to the register and have it physically registered
would take around a week- would not be legal title holder until their name is placed on the
register (only an equitable interest holder prior to this- could give the seller the opportunity
to find another third-party interest etc.)
However, the process was suspended in terms of setting up the relevant infrastructure as a result
of the 2008 Financial Crash
Similarly, this would require an amendment of the relevant law requiring a physical deed (check)
Nature and form of the register
Used to follow an Index Map, however this is now online (if searched up and this comes back blank,
it will be an unregistered title)
Will return a unique title number, which can be further searched to offer the requisite
information
Must return the desired quality of estate- if a purchaser wants a fee simple absolute in
possession, this must be registered
May also return more than one unique title numbers for the same address, so a solicitor
must ensure that the correct title holder is being dealt with
A title register has 3 sections
Property Register- will contain the description of the land, reference to the plan, quality of
the estate and any rights which the estate benefits from (eg. right to wheel bin across land)
Proprietorship Register- will contain the seller’s name and any restrictions imposed on their
ability to buy and sell the relevant estate
Charges Register- will record any third-party rights which burden the estate (eg. restrictive
covenants)- completely separate from the Land Charges Act 1972 from the unregistered title
system
Classification of interests
Substantively registrable interests- offered own unique title number and own new pages in
register
Estates/interests required to be created by registration- in order to create these interests
and have them be binding, an entry must be made in relation to a particular title number
