Land Registration Notes - The Land Registration Act 2002 (LRA 2002) is a UK law that
modernized the system of land registration in England and Wales. It replaced the Land
Registration Act 1925 and aimed to simplify and clarify land ownership, reduce fraud, and
encourage electronic conveyancing. Under the LRA 2002, land registration provides a
definitive record of land ownership and interests. The Act introduced key changes, including:
• E-conveyancing: Laying the groundwork for digital property transactions.
• Adverse possession reforms: Making it harder to claim ownership of land simply by
occupying it.
• Overriding interests reduction: Limiting the number of unregistered rights that bind
registered land.
• Title guarantee: A stronger presumption that registered owners have a secure title.
Why Register Land? - Purchaser Protection – Ensures buyers acquire a secure and
undisputed title, reducing the risk of future legal challenges. A registered title is legally
recognized and cannot be easily overridden by unregistered claims.
• Royal Commission (1857) – Recognized that land registration allows owners to deal with
land “in a simple and easy manner”, eliminating title uncertainty and making transactions
more efficient. This principle ensures that once a title is registered, ownership is clear, and
property dealings are straightforward.
• Special Features of Land – Land is durable, unique, and has long-term value, making a
secure registration system essential. Unlike movable property, land can be subject to
overlapping claims, so registration provides certainty over ownership.
• Economic Advantages – Registration provides security and transferability, making land
easier to buy, sell, and use as collateral for loans. A clear title increases property value and
prevents costly legal disputes over uncertain ownership.
• Reduces Complexity, Cost, and Uncertainty – Simplifies transactions by ensuring that all
interests are recorded, preventing hidden claims and minimizing legal risks. Without
registration, disputes over unregistered rights can delay transactions and lead to expensive
litigation.
Case: Brelsford v Providence Estate Ltd [2022] Facts: Brelsford purchased a registered
property from a seller who had owned it for over 20 years. Providence Estate Ltd had been
occupying the land for several years and claimed that they had an equitable interest due to
financial contributions made towards improvements on the property.However, Providence
Estate Ltd never registered their interest in the Land Registry. After Brelsford’s purchase,
Providence Estate Ltd attempted to challenge the title, arguing that their long-term
occupation and investment in the land should give them ownership rights. Held: In favour of
Brelsford. The court ruled that under the Land Registration Act 2002, registered titles are
conclusive, and any unregistered equitable interest cannot override a registered
,proprietor’s legal ownership.The decision reinforced the importance of land registration in
preventing hidden claims and ensuring certainty in transactions. Because Providence Estate
Ltd had failed to protect their interest by registering it, they had no legal claim against
Brelsford’s ownership.
• Protects Owners – Strengthens ownership rights and prevents fraud, competing claims, or
mistakes from disrupting land transactions. Brelsford confirms that only registered interests
are enforceable, protecting buyers from unexpected challenges. Harder to Disturb Title
Years After Purchase – Once land is registered, ownership is harder to challenge, even in
cases of defective titles or adverse possession. Brelsford upheld the principle that
unregistered claims cannot disrupt a validly registered title, ensuring security for property
owners.
Principles of Land Registration Pioneered by Sir Robert Torrens in New South Wales,
Australia - Sir Robert Torrens developed the system of land registration, which was
designed to simplify land transactions, improve security of ownership, and provide clarity in
title by creating a central registry of ownership.
• Mirror Principle - The Mirror Principle asserts that the land register should reflect
completely and accurately all facts material to a title. This means that everything relevant to
a title, such as ownership, encumbrances, and interests, should be clearly shown in the
register. It ensures that anyone viewing the register can see a full and transparent picture of
the title.
• Curtain Principle- The Curtain Principle posits that the land register is the sole source of
information for prospective purchasers. Purchasers need not worry about trusts, equities,
or other unregistered interests that lie behind the curtain, which are not reflected on the
register. Essentially, what is on the register is all a purchaser needs to know, ensuring
simplicity and clarity in transactions.
• Insurance Principle- The Insurance Principle provides that while the land register is
presumed to reflect the correct title, if a mistake occurs, the affected party can be
compensated. This principle ensures security for registered owners by offering financial
protection if an error is made in the register, thus encouraging confidence in the system.
The Land Register: What Are We Looking At? The Land Registry- The Land Registry is the
official government body responsible for maintaining records of land ownership and other
rights. It ensures that all land transactions are properly recorded and that land titles are
secure and easily accessible.
• Each Title is Identified by a Title Number - Every land title is assigned a unique title number
to make it easily identifiable in the registry. The Three Registers - The Land Register is
divided into three key sections, which provide information about the property, its
ownership, and any charges or encumbrances attached to it:
1. The Property Register - This register contains a description of the property. It refers to the
filed plan, showing the exact boundaries of the land. It also indicates whether the land is
, freehold or leasehold. It includes details of any interests that benefit the registered land. For
example, it may outline covenants that benefit the land, meaning certain rights attached to
the land are enforceable for the owner.
2. The Proprietorship Register - This section identifies who owns the land and specifies the
class of title the owner has. It includes the name and address of the registered proprietor.
The register may also list any restrictions that affect the owner’s ability to deal with the
land, such as conditions on selling, transferring, or mortgaging the property.
3. The Charges Register- The charges register details any encumbrances or charges affecting
the property. This includes restrictive covenants that burden the land, such as limits on how
the property can be used or developed. It may also include equitable leases or equitable
easements, which grant certain rights to use or access the land, even if they are not formally
registered as legal interests. Together, these three registers create a complete picture of the
property’s ownership, legal rights, and any obligations or encumbrances that may affect the
land.
Get Your Priorities Straight – The Basic Rule A registrable disposition is a transaction
involving land that must be recorded in the land registry to be legally valid. Examples
include sales, long leases, and mortgages. If not registered, the transaction may not be
effective against other registered interests.
• Land Registration Act 2002, Section 28 - Section 28(1) This provision establishes that the
priority of an interest affecting a registered estate or charge is not affected by a disposition
of the estate or charge, unless specifically stated in sections 29 and 30. In other words,
when land is transferred or charged, the interests affecting that land retain their priority
based on when they were created, not based on when they were registered or the order of
transactions.
• Section 28(2) This section makes it clear that it does not matter whether the interest or
the disposition is registered. The priority of interests is determined solely by the timing of
when the interest was created, not by registration.
• Aka “First in Time Prevails” or “First Come, First Served” The rule is often summarized as
“first in time, first in right”. This means that if there are multiple interests in a piece of land,
the interest that was created first generally takes priority, regardless of the order in which
they are registered or disclosed. However, sections 29 and 30 of the Land Registration Act
2002 provide exceptions where certain interests can have priority despite being created
later in time.
The Exceptions to the Rule Land Registration Act 2002, Section 29 - Section 29(1)This
provision creates an exception to the “first in time prevails” rule. If a registrable disposition
(such as the sale or mortgage of land) is made for valuable consideration, completion by
registration has the effect of postponing any prior interests to the interests under the
disposition. This means that once the disposition is registered, any unprotected interests
that were in place before the registration are pushed to the back of the line in terms of
priority, unless those interests are protected at the time of registration.
modernized the system of land registration in England and Wales. It replaced the Land
Registration Act 1925 and aimed to simplify and clarify land ownership, reduce fraud, and
encourage electronic conveyancing. Under the LRA 2002, land registration provides a
definitive record of land ownership and interests. The Act introduced key changes, including:
• E-conveyancing: Laying the groundwork for digital property transactions.
• Adverse possession reforms: Making it harder to claim ownership of land simply by
occupying it.
• Overriding interests reduction: Limiting the number of unregistered rights that bind
registered land.
• Title guarantee: A stronger presumption that registered owners have a secure title.
Why Register Land? - Purchaser Protection – Ensures buyers acquire a secure and
undisputed title, reducing the risk of future legal challenges. A registered title is legally
recognized and cannot be easily overridden by unregistered claims.
• Royal Commission (1857) – Recognized that land registration allows owners to deal with
land “in a simple and easy manner”, eliminating title uncertainty and making transactions
more efficient. This principle ensures that once a title is registered, ownership is clear, and
property dealings are straightforward.
• Special Features of Land – Land is durable, unique, and has long-term value, making a
secure registration system essential. Unlike movable property, land can be subject to
overlapping claims, so registration provides certainty over ownership.
• Economic Advantages – Registration provides security and transferability, making land
easier to buy, sell, and use as collateral for loans. A clear title increases property value and
prevents costly legal disputes over uncertain ownership.
• Reduces Complexity, Cost, and Uncertainty – Simplifies transactions by ensuring that all
interests are recorded, preventing hidden claims and minimizing legal risks. Without
registration, disputes over unregistered rights can delay transactions and lead to expensive
litigation.
Case: Brelsford v Providence Estate Ltd [2022] Facts: Brelsford purchased a registered
property from a seller who had owned it for over 20 years. Providence Estate Ltd had been
occupying the land for several years and claimed that they had an equitable interest due to
financial contributions made towards improvements on the property.However, Providence
Estate Ltd never registered their interest in the Land Registry. After Brelsford’s purchase,
Providence Estate Ltd attempted to challenge the title, arguing that their long-term
occupation and investment in the land should give them ownership rights. Held: In favour of
Brelsford. The court ruled that under the Land Registration Act 2002, registered titles are
conclusive, and any unregistered equitable interest cannot override a registered
,proprietor’s legal ownership.The decision reinforced the importance of land registration in
preventing hidden claims and ensuring certainty in transactions. Because Providence Estate
Ltd had failed to protect their interest by registering it, they had no legal claim against
Brelsford’s ownership.
• Protects Owners – Strengthens ownership rights and prevents fraud, competing claims, or
mistakes from disrupting land transactions. Brelsford confirms that only registered interests
are enforceable, protecting buyers from unexpected challenges. Harder to Disturb Title
Years After Purchase – Once land is registered, ownership is harder to challenge, even in
cases of defective titles or adverse possession. Brelsford upheld the principle that
unregistered claims cannot disrupt a validly registered title, ensuring security for property
owners.
Principles of Land Registration Pioneered by Sir Robert Torrens in New South Wales,
Australia - Sir Robert Torrens developed the system of land registration, which was
designed to simplify land transactions, improve security of ownership, and provide clarity in
title by creating a central registry of ownership.
• Mirror Principle - The Mirror Principle asserts that the land register should reflect
completely and accurately all facts material to a title. This means that everything relevant to
a title, such as ownership, encumbrances, and interests, should be clearly shown in the
register. It ensures that anyone viewing the register can see a full and transparent picture of
the title.
• Curtain Principle- The Curtain Principle posits that the land register is the sole source of
information for prospective purchasers. Purchasers need not worry about trusts, equities,
or other unregistered interests that lie behind the curtain, which are not reflected on the
register. Essentially, what is on the register is all a purchaser needs to know, ensuring
simplicity and clarity in transactions.
• Insurance Principle- The Insurance Principle provides that while the land register is
presumed to reflect the correct title, if a mistake occurs, the affected party can be
compensated. This principle ensures security for registered owners by offering financial
protection if an error is made in the register, thus encouraging confidence in the system.
The Land Register: What Are We Looking At? The Land Registry- The Land Registry is the
official government body responsible for maintaining records of land ownership and other
rights. It ensures that all land transactions are properly recorded and that land titles are
secure and easily accessible.
• Each Title is Identified by a Title Number - Every land title is assigned a unique title number
to make it easily identifiable in the registry. The Three Registers - The Land Register is
divided into three key sections, which provide information about the property, its
ownership, and any charges or encumbrances attached to it:
1. The Property Register - This register contains a description of the property. It refers to the
filed plan, showing the exact boundaries of the land. It also indicates whether the land is
, freehold or leasehold. It includes details of any interests that benefit the registered land. For
example, it may outline covenants that benefit the land, meaning certain rights attached to
the land are enforceable for the owner.
2. The Proprietorship Register - This section identifies who owns the land and specifies the
class of title the owner has. It includes the name and address of the registered proprietor.
The register may also list any restrictions that affect the owner’s ability to deal with the
land, such as conditions on selling, transferring, or mortgaging the property.
3. The Charges Register- The charges register details any encumbrances or charges affecting
the property. This includes restrictive covenants that burden the land, such as limits on how
the property can be used or developed. It may also include equitable leases or equitable
easements, which grant certain rights to use or access the land, even if they are not formally
registered as legal interests. Together, these three registers create a complete picture of the
property’s ownership, legal rights, and any obligations or encumbrances that may affect the
land.
Get Your Priorities Straight – The Basic Rule A registrable disposition is a transaction
involving land that must be recorded in the land registry to be legally valid. Examples
include sales, long leases, and mortgages. If not registered, the transaction may not be
effective against other registered interests.
• Land Registration Act 2002, Section 28 - Section 28(1) This provision establishes that the
priority of an interest affecting a registered estate or charge is not affected by a disposition
of the estate or charge, unless specifically stated in sections 29 and 30. In other words,
when land is transferred or charged, the interests affecting that land retain their priority
based on when they were created, not based on when they were registered or the order of
transactions.
• Section 28(2) This section makes it clear that it does not matter whether the interest or
the disposition is registered. The priority of interests is determined solely by the timing of
when the interest was created, not by registration.
• Aka “First in Time Prevails” or “First Come, First Served” The rule is often summarized as
“first in time, first in right”. This means that if there are multiple interests in a piece of land,
the interest that was created first generally takes priority, regardless of the order in which
they are registered or disclosed. However, sections 29 and 30 of the Land Registration Act
2002 provide exceptions where certain interests can have priority despite being created
later in time.
The Exceptions to the Rule Land Registration Act 2002, Section 29 - Section 29(1)This
provision creates an exception to the “first in time prevails” rule. If a registrable disposition
(such as the sale or mortgage of land) is made for valuable consideration, completion by
registration has the effect of postponing any prior interests to the interests under the
disposition. This means that once the disposition is registered, any unprotected interests
that were in place before the registration are pushed to the back of the line in terms of
priority, unless those interests are protected at the time of registration.
