Summary: Ws3 The Registered System

Read the summary and the most important questions on WS3 The Registered System

• 1 Registered Conveyancing

• The law relating to the transfer of registered titles is contained in which Act and Rules?

  Land Registration Act 2002 and the Land Registration Rules 2003 (SI 2003/1417)

• 1.1 Proof of ownership

• Under registered conveyancing, how does the seller prove his ownership to the buyer?

  Through one 'official copy' of registered entries on the Land Registry.  The register shows who the current owner is and other third party interest which exists over the property (but not all of them).

• Is historical ownership of the property relevant for registered titles?

  Historical ownership of the property is irrelevant.

• 1.2 The transfer

• Explain the effect of a transfer of a registered title under s 27(1) of the Land Registration Act 2002 on the legal ownership of the buyer?

  The transfer of the legal estate through a sale of the registered title does not pass the legal estate (i.e., isn't automatic) until the buyer is registered as the new owner.

• 2 Legal Estates Capable of Registration (Mentioned under s27 - registrable disposition)

• 2.1 Estate Capable of Registration

• When did the whole of England and Wales become an area of compulsory registration?

  As from 1 December 1990. This meant that if any unregistered property was leased or sold after this date, the transaction had to be registered.

• Which types of estates are capable of being registered with a separate title and which are not?

  All freehold estates and some leasehold estates can be registered with a separate title. However, it has to be a lease with more than 7 years to run.

• Which type of lease is not capable of 'substantive registration'?

  A lease that has 7 years or less to run is incapable of registration with its own title.

• What is the result of  'substantive registration' on a piece of land? 

  There can be more than one register of title existing in relation to one piece of land.

• 2.2 Compulsory First Registration

• Explain voluntary first registration of landowners?

  Landowners can voluntarily convert their titles.

• Explain compulsory first registration of landowners?

  When landowners will deal with their land in a particular way which triggers an obligation to register the title (e.g. selling it).