⇒ The Land Registration Act 1925 was a big step towards a nationwide system of registration. This has now been replaced by the Land Registration Act 2002, which has made a significant step towards nationwide registration.
⇒ So the Land Registration Act 2002 is the statute that governs registered land!
⇒ The Land Registration Act 2002 enables estates (i.e. freehold/leasehold estates) to be registered in their own right, under unique title numbers.
⇒ Title to all legal freeholds can be registered (Land Registration Act 2002, section3(1)(a); section 4(2)(a))
⇒ Title to legal leaseholds OVER 7yrs can be registered (Land Registration Act 2002, section 3(1)(a); section 3(3); section 4(2)(b) → this is to prevent the land register being overrun by smaller leases, but it is likely in the future that smaller legal leaseholds will also be registrable.
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⇒ Mirror principle: Land registration means that all facts relevant to the title of the land are to be found on the register.
⇒ Curtain principle: Land registration means purchasers need not look beyond the register to see what interests bind the land and are not concerned with trusts over the land.
⇒ Insurance principle: Land registration means that any flaw in the register leads to the payment of compensation to the person affected.
⇒ 1) The Property Register: This says whether the estate registered is leasehold or freehold.
⇒ 2) Proprietorship register: This provides details of the current owner/registered proprietor of the estate in question.
⇒ 3) Charges register: This gives information about the rights in rem burdening the estate is contained (i.e. these are known as notices).
⇒ If you are registered on the land title you are deemed to have the legal estate (Land Registration Act 2002, section 58). So, the act of registration confers title.
⇒ The registered proprietor has valid title to the estate regardless e.g. regardless of fraud. However, see Fitzwilliam v Richall Holdings [2013].
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