Land registration comparison

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This document summarises the ways in which the most important interests in land are recorded and protected under the unregistered and registered systems of conveyancing. At the time of writing, most of the LandRegistrationAct2002 had come into force, and the<a href=lawglos_LandRegistrationAct1925.html>land registration act (1925)</a> has been repealed, but the 1925 scheme is shown as well for comparison purposes.

Please note that this chart contains a number of simplifications, and does not illustrate the changes (to overriding interests in particular) that are scheduled to take place over the next ten years.

Key:


An interest that is at least

capable of being overriding, that is, binding a purchaser of an interest in the land


An interest that can be

registered with its own title; usually the legal title does not vest with the transferee until the interest is registered


An interest which is noted

against another title. In unregistered conveyancing, many equitable interests are registerable as land charges against the name of the primary title-holder. In registered conveyancing, interests are entered against the register entry for the land

LRA
Land Registration Act
LCA
Land Charges Act




Primary estates


Interest1
Unregistered

land

LRA

1925

LRA

2002

Freehold
Evidenced by

documents

Substantively

registerable

Substantively registerable
Lease > 21 years
Evidenced by documents Substantively

registerable4

Substantively registerable
Lease 7-21 years
Evidenced by documents Overriding

[s70(1)k LRA 1925]

Substantively registerable
Lease < 7 years
Evidenced by documents Overriding [s70(1)k LRA 1925] Overriding

[sch 1&3 LRA 2002]

Discontinuous lease
Evidenced by documents Notable as minor interest Overriding and substantively registerable
Future lease2
Evidenced by documents Notable as minor interest Substantively registerable
Crown demesne land3


Registerable

after conversion to freehold [s73 LRA 2002]


1Where land is

unregistered, legal interests are technically binding on the world with or without the evidence of title deeds. However, such interests are likely to be difficult to prove
2A 'future lease' here is one that is granted to take effect more than 3 months after grant

3Crown demesne land includes, for example, most of the foreshore. LRA 2002 allows the Crown to grant itself a freehold out of demesne land, and thereby register it. This is mostly to protect against adverse possession
4A lease is not registerable with its own title if it contains an absolute prohibition on assignment, since it is of no interest to a prospective purchaser



Legal interests


<tbody>

</tbody>
Interest1
Unregistered

land

LRA

1925

LRA

2002

Legal rentcharge
May be inferred from documents
Substantively registerable Substantively registerable
Legal easement
May be inferred from documents Overriding

[s70(1)a LRA 1925]

Overriding

[sch 1&3 LRA 2002] and substantively registerable3

Legal franchise
May be inferred from documents Overriding [s70(1)a LRA 1925] Overriding [sch 1&3 LRA 2002] and substantively registerable
Legal profit

à prendre

May be inferred from documents Overriding [s70(1)a LRA 1925] Overriding

[sch 1&3 LRA 2002] and substantively registerable3

Legal profit à prendre in

gross

May be inferred from documents Overriding [s70(1)a LRA 1925] Substantively registerable
Legal mortgage with

deposit of deeds

No need to protect2 n/a - no deeds
n/a - no deeds
Legal mortgage by

demise

May be inferred from documents Not registerable

where right  of redemption subsists
[s8(1) LRA 1925]

Not registerable

where right  of redemption subsists

[s3(5) LRA 2002]
Legal mortgage by

charge

Class C(i) charge ('puisne mortgage')2 Legal

charge against title

Legal

charge against title


1

Where land is unregistered, legal interests are technically binding on the world with or without the evidence of title deeds. However, such interests are likely to be difficult to prove
2 Puisne mortgage created after 1926 is not binding on a purchaser for valuable consideration if not registered as a class C(i) charge [s4(5) LCA 1972]. If deeds are deposited with the lender, the mortgage is not registerable as a land charge, as registration is unnecessary

3 It appears that an easement or profit that is the subject of an express grant cannot be overriding, as a matter of logic. Because legal easements granted expressly are substantively registerable, it must follow that they only achieve legal status on registration, like other registerable interests. Therefore, prior to registration they take effect only in equity, and equitable easements are not overriing. In addition, the 2002 Act makes easements and profits only overriding on a registered disposition if they are, or ought to be, known to the purchaser, or have been exercised within 12 months



Equitable interests


<tbody> </tbody>
Interest
Unregistered

land

LRA

1925

LRA

2002

Equitable easement
Class D(iii) charge1
May

be overriding4

Notable as a non-overriding interest6
Equitable profit

à prendre

Class D(iii) charge1
Notable as minor interest5 Notable as a non-overriding interest
Equitable mortgage
Class C(iii) charge2
Notable as minor interest5 Notable as a non-overriding interest
Restrictive covenant
Class D(ii) charge1 Notable as minor interest5 Notable as a non-overriding interest
Equitable lease
Doctrine of notice

applies3

Notable as minor interest5 Notable as a non-overriding interest
Estate contract
Class C(iv) charge1
Notable as minor interest5 Notable

as a non-overriding interest

Beneficiaries' rights
Doctrine of notice

applies3

Notable as minor interest (usually a restriction)5 Notable

as a restriction (not a notice)


1An equitable

easement, profit, or restrictive covenant or estate contract is not binding against a purchaser for money or money's worth if not registered as a land charge of the meta shown[s4(6) LCA 1972].
2Equitable mortgage created after 1926 is not binding on a purchaser for valuable consideration if not registered as a land charge [s4(5) LCA 1972].
3Where the doctrine of notice applies - and it applies to all equitable interests in unregistered land that do not require registration as a land charge - the interest does not bind a bona fide purchaser for valuable consideration

4See Celsteel v Alton House

5Minor interests are not enforceable against a purchaser for valuable consideration unless noted on the register; but see Peffer v Rigg and Lyus v Prowser
6The 2002 Act does not use the term 'minor interest' to describe interests that must be protected by a note on the register, although the new notice/restriction notes serve the same purpose as the old notice/caution/restriction/inhibition.


Statutory interests


<tbody> </tbody>
Interest
Unregistered

land

LRA

1925

LRA

2002

Actual occupation
Relevant to the fact

of notice, but not a special case

Overriding [s70(1)g LRA 1925]1 Overriding [sch 1&3 LRA 2002]3
Receipt of rents or

profits

Relevant to the fact

of notice, but not a special case

Overriding [s70(1)g LRA 1925]1 Overriding [sch 12 LRA 2002]
Squatters' rights
Relevant to the fact

of notice, but not a special case

Overriding [s70(1)f LRA 1925] Overriding for transitional period [sch 12 LRA 2002]
Matrimonial home

rights

Class F charge2
Notable as minor interest Notable as a non-overriding interest
Interests exluded in

'qualified' grade of title

n/a - only applies

to registered title

Overriding [s70(1)h LRA 1925] Overriding [s11(4)a LRA 2002]4
Local land charges
Overriding;

may be registered as local land charges

Overriding;

may be registered as local land charges [s70(1)i LRA 1925]

Overriding; may be registered as local land charges [sch 1&3 LRA 2002]


1These rights are not

overriding if they are not disclosed on enquiry

2Matrimonial home rights are not binding on a purchaser for valuable consideration if not registered as a land charge [s4(8) LCA 1972]
3There is a subtle difference in emphasis in the nature of occupier's overriding interests in LRA 2002. The new legislation preserves the old Act's exception for rights that are not disclosed on enquiry, but also creates a new exception for rights that would not be obvious on reasonable exception
4These rights are not technically overriding interests in the LRA 2002, because they do not appear in the list of overriding interests in schedules 1 & 3. However, ss 11 & 12 make it clear that registration of the estate is subject to any deficiencies in qualified title

Land and Property Law