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LG5 – The Registered System
Introduction:
a)
b)
c)
d)
e)

The land registration act 2002 (“LRA 2002”) and the Land Registry Rules 2003
First registration – s4 LRA 2002
Subsequent dispositions – s27 LRA 2002
Overriding interests – schedule 3LRA 2002
The state guaranteed title – may be fulfilled in land or money

-

X forges a transfer of Y’s land to Z (innocent)
Z takes possession
Mistake on register – Y can’t have land back
Register not rectified
Y compensated

-

X forges a transfer of Y’s land to Z (innocent)
Z not in possession of the land
Register rectified
Y has land back
“state guarantee” fulfilled in land or money

Different classes of title:





Registered land is state guaranteed
Land registry – first registration then all dealings with registered land
About 80% of land is registered
Most titles are absolute freehold or absolute leasehold

Leasehold: A term of years absolute
Absolute leasehold: this is the best class of leasehold title and is granted where the landlord’s power
to grant the lease has been proven
Good leasehold: this is a lease but something has prevented the granting of absolute leasehold title,
such as failure to prove the landlord’s power to make the grant
Qualified leasehold: this is where the leasehold registration is completed subject to an exception or
qualification specified in the register
Possessory leasehold: a class of title given where the person registered as leasehold proprietor is in
possession of the land, to the exclusion of others, but cannot prove their title to the land by
documentary evidence
Freehold: an estate in fee simple absolute in possession
Absolute freehold: this is the best class of freehold title, and is guaranteed

Assina Allam

Qualified freehold title: a freehold title that is guaranteed to the same extent as an absolute title
except that a specific defect exists
Possessory freehold title: a class of title given where the person registered as freehold proprietor is
in possession of the land, to the exclusion of others, but cannot prove their title to the land by
documentary evidence
Commonhold: a type of freehold ownership, introduced into England and wales by part 1 of the
commonhold and Leasehold Reform Act 2002

A Register kept for every registered property, divided into three sections:
A – Property
B – Proprietorship
C – Charges

A
...
Proprietorship Register
a) The owner
b) The price
c) Restrictions

D
...
The most common example is by way of legal
mortgage
...

Notice: This is entered in a registered title in respect of the burden of an interest affecting that title
Restrictive covenant: An example is not using the property for a specific purpose
Caution: until 13 October 2003, this could be registered, to show the name and address of a person
claiming an interest in the registered land (or charge)
...

Boundaries:
a) Physical boundaries (fence, wall, hedge, ditch, stream etc)
b) Legal boundaries
c) The general boundaries rule
 The extent of a registered title shown on a title plan
 NOT legal boundary – physical boundary
 Cannot identify the legal boundary from Land Registry title plan
d) 1/1250 scale represents 0
...
6mm
Land registry title plans
The purpose of the title plan:
a) To support the property description
b) B) identify the general extent
c) To identify parts of the land affected by entries in the register

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