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Summary Registered and Unregistered Land & Overreaching

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A compilation document detailing about what constitutes registered and unregistered land and touching on the topic of overreaching.

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June 22, 2023
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Written in
2022/2023
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Registered and Unregistered Land &
Overreaching


Registered & Unregistered Land
Registered - Title to land has been registered (recorded) at land registry.

Unregistered - Title to land has NOT been registered at land registry.




Three Foundational Principles
The Mirror Principle:

Register is a mirror 'reflecting' accurately and comprehensively the sum of all rights and inte

The Curtain Principle:

Register is sole source of information for potential purchasers.

Purchasers need not concern themselves with what lies 'behind the curtain' and not with tru

The Insurance Principle:

Register is deemed to provide true reflection of title and guaranteed by State.

Should there be an error and loss is suffered, indemnity (compensation) is payable.


Registered Land
Registered - Title to land has been registered (recorded) at land registry.

Unique title number and information concerning owners of land recorded.

Once registered, State guarantees their ownership.

Land is sold - New owner must register transfer and will become new proprietor.

Land Registry Act 2002

Registrable estates

LRA 2002 allows for legal fee simple and leasehold estates of more than seven yea
registered.

I.e., these estates will each generate a separate title with own title number at Land
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