land chapter 2

8/13/2019 Land Chapter 2

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https://lawsmedia.londoninternational .ac.uk/media/LLB/lectures/course_mater ials/land_Land2_html.php

Land Chapter 2 slides

Slide 1 : The 1925 reforms and unregistered landlaw

The 1925 reforms and unregistered land law

Subject Guide Chapter 2

Claire de Than

Slide 2 : 2. introduction

1925: key statutory reforms to English land law

All land in England and Wales is either

unregistered title land orregistered title land

Most land is now registered title

but you need to know the rules for both categories

The distinction between the two categories is of great importance

Keep notes separate

Slide 3 : 3. learning outcomes

Learning Outcomes

At the end of chapter 2 and assigned reading students should be able to:

Explain the meaning and nature of overreachingExplain the operation of the system of land charges registration in unregistered title landDescribe how the 1925 reforms have attempted to simplify conveyancing, and the extentto which they succeededDecide whether third party rights are enforceable against a purchaser of unregistered titleland


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Slide 4 : 4. aims and policy of the 1925 legislation

SG 2:1 - history and reasons behind 1925 reforms

Aims of legislation:

simplify conveyancing;rationalize existing law

Legislation tries to protect purchasers of land from hidden third party rights and toprovide mechanisms to protect third party rights.

Unregistered title land likely to continue to exist for foreseeable future

Slide 5 : 5. reduction in the number of legalestates

Historically: many forms of legal estates and interests

Now, LPA 1925 s.1(1), only two legal estates in land:

Fee simple absolute in possession

and

Term of years absolute

LPA 1925 s.1(2) lists potential legal interests in land

Any other right must be equitable.

Important distinction

legal rights bind worldequitable rights are generally vulnerable unless protected

Slide 6 : 6. extension of the system ofoverreaching

2.2: Key concept in 1925 legislation that equitable interests should be eitherREGISTRABLE or OVERREACHABLE

Generally

commercial = registrable


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family = overreachable

Overreaching

equitable interest attaches to purchase money on sale of landgreat advantage for purchasers

Slide 7 : 7. introduction of system of land chargesregistration

2.3: protection of commercial interests in land via land charges

Replacement of complex notice rules of old law:

equitable interests bound everyone except bona fide purchaser for value of legal estatewithout notice

Land Charges Acts 1925 and 1972: Land Charges Register

Most important land charges: next slide

Slide 8 : 8. registration continued

Puisne mortgage C(i)

General equitable charge C(iii)

Estate contract C(iv)

Restrictive covenant D(ii)

Equitable easement D(iii)

Spouses/civil partners right of occupation F

Must be registered against name of estate holder

Note problems with system

Unregistered charges void against:

purchaser of legal estate for money or moneys worth C(iv), D(ii), D(iii))purchaser for value of any interest C(i), C(iii), F

Subject Guide 2.3

Activities 2.1 and 2.2

Midlank Bank v Green (1981)


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2000-2013 University of London

Slide 9 : 9. the doctrine of notice

Some equitable interests in unregistered title land are neither registrable noroverreachable, so remain subject to doctrine of notice

List of such interests at 2.4 of subject guide

Changes in society have expanded category

Types of notice:

actual;imputed;constructive

Read Kingsnorth v Tizzard (Activity 2.3) Activity 2.4

Slide 10 : 10. sample examination question

End of chapter question is a partial question

Any question could include unregistered title land, so you must study and revise its rules

Slide 11 : 12. about me

Claire de Than, Senior Lecturer and Director of the LLB at City Law School, London, is theauthor of the Subject Guide and online materials for Land Law

land chapter 2

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