Introduction to Registered Land

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Basic Introduction

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 This has now been replaced by the Land Registration Act 2002, which has made a significant step towards nationwide registration.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 Registered Regime

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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CONTENT

The Purpose of Land Registration

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.

Proprietorship Register: 3 main section

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).

Title by Registration

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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