Law Rules For Registered And Unregistered Titles

2432 Words10 Pages
Land law holds a reputation for problematic and complex criticism, being built upon two separate, mutually exclusive, systems: the registered and unregistered land systems. The consistent application of law in this area depends upon adherence to legal principle, derived from a clear understanding of the law. First, this essay will consider a brief history of registration and the enforcement rules applying to registered and unregistered titles, looking at their distinct characteristics. Following this, their usage and application will be analysed, in order to place them into the wider context. Consideration of any differences present will enable us to see if rules regarding registered system of conveyancing are vastly superior, if at all.…show more content…
In other words, proof of title is done so by the evidence of documents and inspection. Unregistered land hosts its own system of independent registration and it is essential to note it operates completely separate from the registered land system. Relying heavily on many old doctrines, which characterised land prior to reform, the distinction of legal and equitable rights is crucial in unregistered land. Legal interests automatically bind the land and every person who buys or receives unregistered land. This follows the pre-1926 rule that “legal rights bind the whole world”. The single exception to this rule is supplied by the “puisne” mortgage (there is no ability to prevent dealings with the land, as the documents of title are not present and so must be registered as a land charge). Required registration, in unregistered conveyancing, is evident by equitable interests. These are registered as land charges under the LCA 1972, and are of great importance in order to bind the purchaser of unregistered land. Failure to register a land charge renders the interest void unless, the land is gifted then the purchaser remains bound. However certain equitable interests, such as beneficial interests behind a trust, are not registrable as land charges because they are capable of being overreached. A correctly conducted overreaching transaction transfers the interest in the land to an interest in
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