TUTORIAL 4
Land Law
Tutorial Four: Land Registration
Learning Outcomes
On completing the work for this tutorial cycle, you should be able to:
• understand and discuss the nature, purpose and importance of the land registration sys-
tem;
• discuss the operation of the land registration system in relation to different estates and
interests in land, and identify and apply the relevant rules and principles;
• understand and discuss the protection of interests not entered on the register, and to
consider how far this reflects the doctrine of notice in unregistered titles; and
• have practised drafting a detailed essay plan.
Reading
Essential reading is asterisked (*)
Textbooks
*Either:
Dixon, ch 2 and ch 3; or
Thompson, ch 4 and ch 5
Academic articles and chapters
David Cowan, Lorna Fox O’Mahony and Neil Cobb, Great Debates in Property Law (Palgrave
Macmillan 2012) ch 5
, TUTORIAL 4
Questions for Discussion
1. Lorna purchases and takes transfer of Rose Cottage, title to which is unregistered.
Advise Lorna as to the steps that she should now take to ensure compliance with the
Land Registration Act 2002, and the consequences of failing to do so.
N.B. Doesn’t have to be for consideration, it can be a gift and it will still need to be registered by
Lorna.
If the freehold estate is unregistered, the transfer of the freehold estate will trigger the require-
ment to compulsorily register title to the freehold estate at the Land Registry within 2 months.
(Section 6(4))
This requirement is found in s4 of the LRA 2002. The title now becomes registered.
Failure to do this within 2 months means the transfer of the FH estate is void. Seller remains the
legal owner. Can still create brand new interests in the land which will have priority for Lorna -
the seller will hold the land on trust for Lorna.
Problem style question
2. Peter wishes to buy Penfold Farm, title to which is currently registered in Victor’s
sole name.
a) Peter is unsure whether, if he were to purchase Penfold Farm, his title would be
affected by existing third party interests in the land. What will determine
whether each of the following interests would bind Peter, in the event that he
takes transfer and becomes registered proprietor of Penfold Farm?
N.B. Peter must register the fact that he’s the new owner of the land. s4 NOT RELEVANT
here because this section is do with unregistered land but this land is already registered.
1. Identify interest concerned.
2. Ascertain whether interest is capable of being legal or whether it can only ever be equi-
table.
3. Are there any relevant formalities for the creation of this interest?
4. How can the interest holder protect their title in an existing registered title? (in this
case)
i. In 2004 Victor expressly granted an easement to Spencer to walk across a field
on Penfold Farm called Blueacre;
Easement = proprietary right. The registration requirements for a legal easement are set
out in paragraph 7 of Schedule 2 to the Land Registration Act 2002.
s27(2) - express grant of an interest falling in 1(2)(a) - legal easement is a registrable
disposition.
You must apply to register an easement in form AP1 to meet the registration require-
ments, and this is the case even if only the servient land is registered (rule 90 of the
Land Registration Rules 2003).
The easement will be a legal interest if it meets definition of s1(2)(a) LPA 1925 and the
formalities of s52(1) LPA 1925, created in a deed.
Land Law
Tutorial Four: Land Registration
Learning Outcomes
On completing the work for this tutorial cycle, you should be able to:
• understand and discuss the nature, purpose and importance of the land registration sys-
tem;
• discuss the operation of the land registration system in relation to different estates and
interests in land, and identify and apply the relevant rules and principles;
• understand and discuss the protection of interests not entered on the register, and to
consider how far this reflects the doctrine of notice in unregistered titles; and
• have practised drafting a detailed essay plan.
Reading
Essential reading is asterisked (*)
Textbooks
*Either:
Dixon, ch 2 and ch 3; or
Thompson, ch 4 and ch 5
Academic articles and chapters
David Cowan, Lorna Fox O’Mahony and Neil Cobb, Great Debates in Property Law (Palgrave
Macmillan 2012) ch 5
, TUTORIAL 4
Questions for Discussion
1. Lorna purchases and takes transfer of Rose Cottage, title to which is unregistered.
Advise Lorna as to the steps that she should now take to ensure compliance with the
Land Registration Act 2002, and the consequences of failing to do so.
N.B. Doesn’t have to be for consideration, it can be a gift and it will still need to be registered by
Lorna.
If the freehold estate is unregistered, the transfer of the freehold estate will trigger the require-
ment to compulsorily register title to the freehold estate at the Land Registry within 2 months.
(Section 6(4))
This requirement is found in s4 of the LRA 2002. The title now becomes registered.
Failure to do this within 2 months means the transfer of the FH estate is void. Seller remains the
legal owner. Can still create brand new interests in the land which will have priority for Lorna -
the seller will hold the land on trust for Lorna.
Problem style question
2. Peter wishes to buy Penfold Farm, title to which is currently registered in Victor’s
sole name.
a) Peter is unsure whether, if he were to purchase Penfold Farm, his title would be
affected by existing third party interests in the land. What will determine
whether each of the following interests would bind Peter, in the event that he
takes transfer and becomes registered proprietor of Penfold Farm?
N.B. Peter must register the fact that he’s the new owner of the land. s4 NOT RELEVANT
here because this section is do with unregistered land but this land is already registered.
1. Identify interest concerned.
2. Ascertain whether interest is capable of being legal or whether it can only ever be equi-
table.
3. Are there any relevant formalities for the creation of this interest?
4. How can the interest holder protect their title in an existing registered title? (in this
case)
i. In 2004 Victor expressly granted an easement to Spencer to walk across a field
on Penfold Farm called Blueacre;
Easement = proprietary right. The registration requirements for a legal easement are set
out in paragraph 7 of Schedule 2 to the Land Registration Act 2002.
s27(2) - express grant of an interest falling in 1(2)(a) - legal easement is a registrable
disposition.
You must apply to register an easement in form AP1 to meet the registration require-
ments, and this is the case even if only the servient land is registered (rule 90 of the
Land Registration Rules 2003).
The easement will be a legal interest if it meets definition of s1(2)(a) LPA 1925 and the
formalities of s52(1) LPA 1925, created in a deed.
