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S3 & 4 - Registration
Law of Property Act 1925
curtain principle: equitable rights behind a trust
s. 2 of land will be overreached if purchase money is
paid to two trustees
s. 27 old overreaching provision
express trusts require declaration to be
s. 53(1)(b)
evidenced in writing
implied trusts (resulting and constructive) are
s. 53(2)
effective without writing
a resulting trust for the grantor shall not be
implied merely by reason that the property is
s. 60(3)
not expressed or conveyed for the use or benefit
of the grantee
provision for application to Lands Tribunal to
s. 84
have a right modified or discharged
Law of Property (Mischellaneous Provisions) Act 1989
s. 1 deed = signed, witnessed, executed as a deed
s. 2 need for writing
Land Registration Act 2002
provision for first registration of title to: fee
simple, lease over 7 years, profits, easements,
s. 2
charges
*only legal interests
voluntary applications for first registration of
s. 3
freeholds, leaseholds, profits
can apply voluntarily to be registered as
proprietor of unregistered legal estate if:
s. 3(2)  The estate is vested in them
 They are entitled to require the estate to
be vested in them
can’t apply for first registration of leasehold if
s. 3(3)
less than seven years are left of it
exception - lease where possession is
s. 3(4) discontinuous can be registered however short
the term
exception – if another lease of the same land is
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to take effect within 1 month of the expiry of the
current one, they are treated as a single one,
and can be registered if combined they exceed
7 years
events that trigger compulsory registration:
s. 4 (1)Transfer of fee simple
(2)Grant of lease over 7 years
compulsory registration on transfer of
unregistered freehold
 for valuable or other consideration
s. 4(1)(a)(i)
 by way of gift
 in pursuance of order of court
 by deed appointing trustees (4(1)(aa)(i)
compulsory registration on transfer of
s. 4(1)(a)(iii) unregistered land giving effect to a partition
subject to a trust of land
conpulsory registration for grants of leasolds
s. 4(1)©(i) out of unregistered freeholds/leasehold with
more than 7 years to run
compulsory registration for grant of term of year
s. 4(1)(d)
absolute taking effect 3 months after grant
compulsory registration for grant in pursuance
s. 4(1)(e)
of Part 5 of Housing Act 1985 (right to buy)
compulsory registration on creation of a
s. 4(1)(g) protected first legal mortgage, unless it is in a
lease with less than 7 years left
compulsory registration on transfers of
unregisterd leasehold with more than 7 years to
run at the time of transfer:
s. 4(2)(b)  for valuable or other consideration
 by way of gift
 in pursuance of an order
 by deed appointing trustees
estate owner (transferee/grantee) must make
s. 6(1) application for registration, and within 2 months
(in case of compulsory registration)
overriding interests (Schedule 1)survive first
s. 11
registration of freehold
overriding interests survive first registration of
s. 12
leaseholds
consequences of registration = get owners’
ss. 23-26
powers
s. 27 (1) registration requirements;
(2) if disposition doesn’t require registration for
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legal interest legal title arises at point of
completion
s. 27(2)(b) creation of new leases out of registered titles
basic rule if s. 29 is not triggered or doesn’t
s. 28 apply = the interest first in time binds (whether
legal or equitable)
registered purchaser takes land subject to any
interests appearing on the register and
s. 29 unregistered interests which override:
proprietary interest in discoverable actual
occupation at the time property was transferred
effects of registered disposition of freehold
subject to protected interests:
s. 29 (2)(a) (i) Registered charge
(ii) Schedule 3 interests (overriding)
(iii) With notice on register
effects of registered disposition of leasehod –
s. 29(2)(b)
interest is protected if incident to the estate
s. 30(2)(a) + (b) like s. 29, but for charges
s. 32 interests protected by a ‘notice’
interests excluded from protection by way of a
notice:
s. 33 (a) Under trust
(b)Lease for less than 3 years
(c) Restrictive covenant in lease
insurance principle: state guarantees
authenticity and effectiveness of title against
the world;
s. 58
(1)Register is conclusive, if proprietor of
legal estate doesn’t have estate vested in
him, it is so as a result of registration
provisions for alteration of register in cases
s. 65 where registration has produced harship or
inequity
applicant for registration is required to disclose
s. 71
those overriding interests of which he is aware
registration deemed to take place upon
s. 74
application
s. 91 provision for optional electronic registration
s. 93 provision for compulsory electronic regisration
s. 103 availaility of indemnity in respect of mistakes in
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the register (+ Sched 8)

equities by estoppel and mere equities are
s. 116
proprietary, so can bind third party
s. 131
valuable consideration does not include marrige
s. 132 (1) consideration or nominal consideration (relevant
for s. 29 exception)
list of overrding interests binding upon first
registration
(a) Actual occupation
Schedule 1
(b)Legal easements/profits
(c) Customary/public rights
(d)Local land charges
Schedule 2
list of overridning interests binding upon
Schedule 3 transfer:
 Leases – only legal (Para 1)
Schedule 4 rectification + indemnity provisons
(1)application for being registered as
Schedule 6 proprietor after adverse possession
(2)protection for squatters
the circumstances in which a person suffering
loss by reason of operation of the registration
Schedule 8
system can receive indemnity (money
compensation)
overriding interest which bound estate before
LRA came into force will continue to have
Schedule 12 (7-13)
overriding effect even if it’s not an overriding
interest anymore