ENFORCEMENT OVER REGISTERED LAND
o Basic rule of priority – LRA 2002 s 28 – an interest of any kind will take priority over
later dispositions.
o LRA 2002 s 29 EXEPTION (very large one) this rule of priority does NOT apply to Equity’s
darling.
THREE CATEGORIES OF INTEREST/ESTATE THAT INTERACT WITH ABOVE
1. REGISTRABLE DISPOSITION
2. INTERESTS PROTECTED BY NOTICE OR RESTRICTION
3. OVERRIDING INTERESTS
REGISTERABLE DISPOSITIONS S 27 LRA 2002 (LEGAL INTERESTS)
o These transactions must be completed by registration
o 27(1) they do not operate AT LAW until registration has taken place. [compulsory
registration]
o Freehold estate transfer (s 27 (2)(a))
o Leasehold estate of more than 7 years (s 27 (2)(b))
EXPRESS LEGAL EASEMENTS (LRA 2002 s 27 (2)(d)
o Will then appear on the property register of the dominant land and charges register of
burdened land.
o Properly registered it will bind equity’s darling (s 29(2))
GRANT OF A LEGAL MORTGAGE (s 27 (2)(f)
o Also known as a legal charge
o Must be created by deed
o Failure to register has huge impact on lenders powers to repossess and sell
LANDLORD’S RIGHT OF ENTRY (S 27(2)(e)
o Must be created by deed
o Right is to bring a leasehold estate to an end
o Very powerful right with drastic consequences for tenant
o Basic rule of priority – LRA 2002 s 28 – an interest of any kind will take priority over
later dispositions.
o LRA 2002 s 29 EXEPTION (very large one) this rule of priority does NOT apply to Equity’s
darling.
THREE CATEGORIES OF INTEREST/ESTATE THAT INTERACT WITH ABOVE
1. REGISTRABLE DISPOSITION
2. INTERESTS PROTECTED BY NOTICE OR RESTRICTION
3. OVERRIDING INTERESTS
REGISTERABLE DISPOSITIONS S 27 LRA 2002 (LEGAL INTERESTS)
o These transactions must be completed by registration
o 27(1) they do not operate AT LAW until registration has taken place. [compulsory
registration]
o Freehold estate transfer (s 27 (2)(a))
o Leasehold estate of more than 7 years (s 27 (2)(b))
EXPRESS LEGAL EASEMENTS (LRA 2002 s 27 (2)(d)
o Will then appear on the property register of the dominant land and charges register of
burdened land.
o Properly registered it will bind equity’s darling (s 29(2))
GRANT OF A LEGAL MORTGAGE (s 27 (2)(f)
o Also known as a legal charge
o Must be created by deed
o Failure to register has huge impact on lenders powers to repossess and sell
LANDLORD’S RIGHT OF ENTRY (S 27(2)(e)
o Must be created by deed
o Right is to bring a leasehold estate to an end
o Very powerful right with drastic consequences for tenant
