THE REGISTERED REGIME IN REGISTERED LAND
REGISTERING RIGHTS IN REM
⇒ Proprietary rights/interests (i.e. rights in rem) are registered against the estate they burden on
the charges register.
In other words, in registered land, rights in rem can be registered on the land register. Registration
of a right in rem on the land register is known as a notice.
"A notice is an entry in the register in respect of the burden of an interest affecting a registered
estate or charge" (Land Registration Act 2002, section 32(1)). In other words, a notice is where the
burden of a right in rem is entered on the register against the state which they impact.
WHICH RIGHTS CAN BE REGISTERED?
⇒ In other words, we must determine which right in rem can be protected by a notice in the register
against the state they burden.
⇒ The general reference to "interest" (Land Registration Act 2002, section 32(2)) indicates
that ALL right in rem (i.e. both legal or equitable right in rem) can be registered against the estate
they burden, unless expressly excluded.
⇒ Section 33 of the Land Registration Act 2002 lists various "excluded interests" i.e. a list of right in
rem that may not be protected by a notice in the land register. It includes, the beneficial interest
under trust (section 33(a)(i)) and the leasehold estate for a term for 3 years or less (section 33(b)(i)).
In other words, all right in rem (i.e. proprietary interests) can be registered except the beneficial
interest under trust and the leasehold estate for a term of three years or less.
However, these "excluded interests" are protected by Schedule 3 of the Land Registration Act 2002.
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REGISTRATION AND ESTABLISHING LEGAL STATUS
⇒ As mentioned in the notes on rights in the introductory topic notes, section 1 of the Law of
Property Act 1925 lists those right in rem which are capable of being given legal status (e.g.
freeholds, leaseholds, easements, mortgage). Rights in rem not listed can only take effect in equity
(Law of Property Act 1925, section 1(3)) e.g. beneficial interest under a trust.
⇒ Again, in registered land, a right in rem capable of being legal will only actually acquire legal status
if created with the requisite formality:
As under the unregistered regime, a right in rem burdening registered land must be created by deed
in order to be legal (Law of Property Act 1925, section 52(1)).
A valid deed is an instrument which makes clear that it is intended to be a deed and which is signed
in the presence of a witness (Law of Property (Miscellaneous Provisions) Act 1989, section 1).
REGISTERING RIGHTS IN REM
⇒ Proprietary rights/interests (i.e. rights in rem) are registered against the estate they burden on
the charges register.
In other words, in registered land, rights in rem can be registered on the land register. Registration
of a right in rem on the land register is known as a notice.
"A notice is an entry in the register in respect of the burden of an interest affecting a registered
estate or charge" (Land Registration Act 2002, section 32(1)). In other words, a notice is where the
burden of a right in rem is entered on the register against the state which they impact.
WHICH RIGHTS CAN BE REGISTERED?
⇒ In other words, we must determine which right in rem can be protected by a notice in the register
against the state they burden.
⇒ The general reference to "interest" (Land Registration Act 2002, section 32(2)) indicates
that ALL right in rem (i.e. both legal or equitable right in rem) can be registered against the estate
they burden, unless expressly excluded.
⇒ Section 33 of the Land Registration Act 2002 lists various "excluded interests" i.e. a list of right in
rem that may not be protected by a notice in the land register. It includes, the beneficial interest
under trust (section 33(a)(i)) and the leasehold estate for a term for 3 years or less (section 33(b)(i)).
In other words, all right in rem (i.e. proprietary interests) can be registered except the beneficial
interest under trust and the leasehold estate for a term of three years or less.
However, these "excluded interests" are protected by Schedule 3 of the Land Registration Act 2002.
Top of Form
Bottom of Form
REGISTRATION AND ESTABLISHING LEGAL STATUS
⇒ As mentioned in the notes on rights in the introductory topic notes, section 1 of the Law of
Property Act 1925 lists those right in rem which are capable of being given legal status (e.g.
freeholds, leaseholds, easements, mortgage). Rights in rem not listed can only take effect in equity
(Law of Property Act 1925, section 1(3)) e.g. beneficial interest under a trust.
⇒ Again, in registered land, a right in rem capable of being legal will only actually acquire legal status
if created with the requisite formality:
As under the unregistered regime, a right in rem burdening registered land must be created by deed
in order to be legal (Law of Property Act 1925, section 52(1)).
A valid deed is an instrument which makes clear that it is intended to be a deed and which is signed
in the presence of a witness (Law of Property (Miscellaneous Provisions) Act 1989, section 1).
