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Enforceability in The Unregistered
System
The Unregistered System
Key points about the unregistered system of land law
Historical context:
Only system in existence before 1925
Codified by the Law of Property Act (LPA) 1925
Registered system introduced simultaneously by Land Registration Act (LRA) 1925
Current status:
Largely replaced by modern registered system
Still covers over 40% of England and Wales by area
Represents about 10% of all land titles
Importance:
Understanding necessary for applying relevant law to unregistered land
Crucial for comprehensive knowledge of land law
Unregistered conveyancing
📍 Where title to the land is unregistered, the buyer becomes the legal owner of
the land at the date of the conveyance — the conveyance of an unregistered
title triggers an obligation to register the title.
Proof of ownership of title — For unregistered property, sellers must demonstrate
ownership by providing documents showing their and their predecessors' right to
Enforceability in The Unregistered System 1
, possession. Ownership of property needs to be proved for a period of at least 15 years
prior to the proposed sale.
A conveyance — The deed used to transfer ownership of land from sellers to buyers.
Owners of unregistered titles prove their ownership by showing prospective buyers a
bundle of deeds, most of them conveyances.
An ‘epitome of title’ — The bundle of deeds and documents.
allows you to see who has the right to possession of the land (and therefore has
title to the land) and for what period, and some of the things they have done
with it, eg granted leases, created mortgages, etc.
provides a picture of who has been in possession of the land for the period of
years covered by the deeds.
The buyer of an unregistered title becomes the owner of that title at the date of the
conveyance.
EXAMPLE FROM TEXT BOOK — ADD IN
Disadvantages of the unregistered system:
Risk of forged title deeds: Buyers have no guarantee of document authenticity.
Incomplete records: Title deeds may not include all relevant transactions.
Uncertainty: Buyers can never be absolutely certain of a good title.
Unique transactions: Each unregistered title is different, requiring individual
scrutiny.
Time-consuming and repetitive: Buyers must read old conveyances for each sale.
Expensive: Often requires hiring a solicitor to investigate the title.
Vulnerability of original documents: Loss, destruction, or theft can compromise
proof of ownership.
Legibility issues: Original deeds can be difficult to read.
Enforceability of third party rights in the unregistered system
Enforceability in The Unregistered System 2
Enforceability in The Unregistered
System
The Unregistered System
Key points about the unregistered system of land law
Historical context:
Only system in existence before 1925
Codified by the Law of Property Act (LPA) 1925
Registered system introduced simultaneously by Land Registration Act (LRA) 1925
Current status:
Largely replaced by modern registered system
Still covers over 40% of England and Wales by area
Represents about 10% of all land titles
Importance:
Understanding necessary for applying relevant law to unregistered land
Crucial for comprehensive knowledge of land law
Unregistered conveyancing
📍 Where title to the land is unregistered, the buyer becomes the legal owner of
the land at the date of the conveyance — the conveyance of an unregistered
title triggers an obligation to register the title.
Proof of ownership of title — For unregistered property, sellers must demonstrate
ownership by providing documents showing their and their predecessors' right to
Enforceability in The Unregistered System 1
, possession. Ownership of property needs to be proved for a period of at least 15 years
prior to the proposed sale.
A conveyance — The deed used to transfer ownership of land from sellers to buyers.
Owners of unregistered titles prove their ownership by showing prospective buyers a
bundle of deeds, most of them conveyances.
An ‘epitome of title’ — The bundle of deeds and documents.
allows you to see who has the right to possession of the land (and therefore has
title to the land) and for what period, and some of the things they have done
with it, eg granted leases, created mortgages, etc.
provides a picture of who has been in possession of the land for the period of
years covered by the deeds.
The buyer of an unregistered title becomes the owner of that title at the date of the
conveyance.
EXAMPLE FROM TEXT BOOK — ADD IN
Disadvantages of the unregistered system:
Risk of forged title deeds: Buyers have no guarantee of document authenticity.
Incomplete records: Title deeds may not include all relevant transactions.
Uncertainty: Buyers can never be absolutely certain of a good title.
Unique transactions: Each unregistered title is different, requiring individual
scrutiny.
Time-consuming and repetitive: Buyers must read old conveyances for each sale.
Expensive: Often requires hiring a solicitor to investigate the title.
Vulnerability of original documents: Loss, destruction, or theft can compromise
proof of ownership.
Legibility issues: Original deeds can be difficult to read.
Enforceability of third party rights in the unregistered system
Enforceability in The Unregistered System 2
