Professional Documents
Culture Documents
Registration
Objectives:
To look at the rules on:
o Land Registration
o Express and Implied easements
o Estoppel
o Dealings and conveyancing
o rescriptive ac!uisition o" easements
o Adverse possession
To think a#out concept and politics o" property in registered land
Land Registration
$#%ective o" registered land is to create a register accurately re"lecting the state o" the
property& It 'ill sho' 'ho is the current o'ner and any third party proprietary interests
a""ect it& It can #e "ound online and guaranteed #y the register S.1 o" the Land
Registration Act 2002&
(eatures o" the Registration system
o The mirror principle
The register should #e an accurate re"lection not only as to 'ho o'ns the
land) #ut also any third party interests a""ecting it&
o The insurance principle
The state guarantees the accuracy o" the register in terms o" 'ho o'ns the
land& It is read to compensate anyone 'ho su""ered a loss due to any errors
present in the register S.103 o" the Land Registration Act 2002.
o The curtain principle
urchasers are not re!uired to look #ehind title registration& They are not
concerned 'ith matters #ehind the entries on the Register) i&e& trusts
a""ecting the land or 'hether the #ene"iciaries* interests in the land are
satis"ied a"ter sale& Therefore beneficial interests are not suosed to
aear on the register.
The register is divided into + categories:
1
Li Chun Ho Alvin
o The roperty Register,
This descri#es the land) the nature o" the estates registered) and any third
party interests #ene"iting the land) i&e& a right o" 'ay&
o The roprietorship Register
This names the registered proprietor) states the title that has #een
registered) and contains any restrictions 'hich limit the 'ay in 'hich the
registered proprietor can deal 'ith the land& It 'ill record any restrictions
on the po'er o" the proprietor to deal 'ith the land) i&e& i" he is a trustee&
o The Charges Register
This contains notices relating to any #urdens or encum#rances or third-
party rights registered against the estate& They are negative rights) i&e&
restrictive covenants! "ortgages! ease"ents granted over the roert#)
etc& It records any mortgage created #y the registered proprietor o" the
property&
Restrictive covenants arise when a landowner sells part of his land to another. As the land is
retained is close to the land sold, the landowner may want to restrict what can or cannot be
done in the land sold to maintain value and enjoyment of the land retained.
Public rights do not appear in the land register&
Adverse $ossession
This is 'here the rights o" o'nership in land are ac!uired #y simply taking possession
o" the land) 'ithout trans"er o" money and "ormal conveyance&
Can #e something to cause the o'ner to !uestion his o'nership
o It does not threaten the o'ner) #ut #ecoming the o'ner&
Reasons "or having adverse possession
o .n%ust "or someone 'ho occupies land "or a long period o" time and improves
it to "ind that his claim cannot #e upheld
o Land should not #e 'ithdra'n "rom the market, it must remain marketa#le
o The La' should protect de"endants "rom stale claims #y lando'ners&
Re!uirements:
o Buckinghamshire CC v Moran %1&&0'
2
Li Chun Ho Alvin
The adverse possessor must #e in factual ossession o" the land
The adverse possessor must #e possessing the land 'ith the re(uisite
intent to ossess
o /u""icient length o" time
/tage 0
o There is 1possession2 Pye v Graham )2002*
This is the case o" t'o "armers as s!uatters "arming on 3+ hectares o"
land) 'ho later managed to keep the land&
HL strengthened the position o" s!uatters& 4ou "irst have to #e in
"actual possession& 4ou do not need to #e nec vi) nec clam) nec
precario in stage one&
Pye v Graham )2003*
Facts:
Question:
Decision:
Principle:
5$ 1adverse2 possession can #e claimed 'here the occupation o" land is shared 'ith the
paper o'ner or is en%oyed #y virtue o" some lease) licence or consent "rom the paper o'ner&
Any element o" permission 5E6ATE/ the adverse !uality o" the claimant*s possession&
An adverse possessor must #e dealing 'ith the land in a 'ay an occupying o'ner 'ould that
excludes others and is against the 'ishes o" the paper o'ner&
/tage 3
o The original o'ner 'ould lose their plight "ollo'ing 03 years&
6overned #y the Li"itation Act 1&+0:
3
Li Chun Ho Alvin
S.1, 7 limitation
o 5o action shall #e #rought #y any person to recover any
land a"ter the expiration o" t'elve years&
S.1- . extinction
o (ollo'ing the expiration o" time limit) the title o" that
person to recover land shall #e extinguished&
During the "irst 03 years:
o 8$TH the adverse possessor and the original o'ner has title&
The title o" the adverse possessor HA/ arisen as soon as the possessor
takes possession&
o In this stage) in terms o" relativity o" title) the original o'ner has #etter title&
A"ter 03 years:
o The o'ner9s title is extinguished, he has "allen #ack
o The Adverse possessor has title #etter than the original o'ner no'&
The title of the adverse possessor is relative to time, NOT from absolute dominion /
ownership
4
Li Chun Ho Alvin
La/ of $roert# Act 1&2, vs Land Registration Act 2002 on Adverse $ossession
o S.1, o" the Li"itation Act 1&+0
:ith at least 03 years adverse
possession
o S.1- o" the Li"itation Act 1&+0
1at the e0iration of the
eriod prescri#ed #y this Act
for an# erson to bring an
action to recover land
;including a redemption
action< the title of that
erson to the land shall be
e0tinguished.
o S.-, o" the Land Registration Act
1&2,
After 12 #ears) as registered
proprietor) the title 'ould
have #een deemed to #e held
#y the proprietor in trust "or
the s(uatter&
1irror rincile: it 'ould
still re"lect the intending
purchaser all the relevant
rights in the land& It 'ill still
sho' the original lando'ner
has the registered proprietor) it
'ill say it hasn*t #een
extinguished H$:E=ER it is
held in trust "or the s!uatter&
o Di""erent procedure at /tage 3
o The s!uatter >./T make a positive
application to Land Registry "or
registration i" he has #een in 1adverse
possession2 "or the period o" ten years
immediately precedin! the date of his
application
S.&2 Sch 2! $ara 1)1*
Registered proprietor has ?@
days to o#%ect ;veto< the
s!uatter*s application& Sch 2!
$ara 23,
Application usually
de"eated #y parties like
registered charges) i&e&
mortgagees
o Sch 2 $ara , 4onditions o""er
exceptions o" statutory right to re#ut
s!uatter*s claims& $#%ections must be
disregarded 'here:
:here it 'ould #e
1unconsciona#le #ecause o" an
e!uity #y estoppel2 "or the
applicant to #e dispossessed
'hen the circumstances sho'
1the applicant ought to #e
registered as proprietor2
:here the applicant is entitled
1"or some other reason2 i&e&
under an uncompleted contract
o" purchase) to #e registered as
proprietor
:here exact #oundary line is
disputed) reasona#ly #elieved
#y applicant to #elong to hi
5
Li Chun Ho Alvin
Sch 2 $ara ,)5* to ),*
The and !egistration "ct #$$# makes it tougher %or a s&uatter to be registered as
proprietor'
Stes for Adverse ossession under the 2002 Act
0& The paper title o'ner o" property 'ill no longer 1lose2 title once the limitation period
has run against him&
3& An adverse possessor must apply to #ecome o'ner o" the land&
+& The paper title o'ner has notice o" the application&
A& The adverse possessor cannot #e registered as o'ner i" the paper title o'ner or anyone
else 'ith an interest o#%ects) except in three circumstances&
@& The three exceptions are:
a& Estoppel
#& The adverse possessor is "or some other reason entitled to the land
c& A #oundary dispute&
?& I" none o" these applies) the registered proprietor has t'o years to evict the s!uatter
"rom the land&
B& I" no action is taken to evict the s!uatter) he 'ill have the chance to re-apply to #e
registered&
Adverse ossession of a registered freehold
The s!uatter*s registration as the ne' proprietor is stipulated #y statute to have no
impact on 1the priority o" an interest a""ecting the estate2 LRA 2002 Sch 2! $ara
&)2*&
o The successful adverse possessor is therefore bound by most third party ri!hts
"e.!. easements, profits a prenre and restrictive covenants# which already
encumber the land and have not yet been e$tin!uished.
Adverse ossession in registered land
:here the 03 years* adverse possession are completed prior to 0+
th
$cto#er 3CC+) then
the paper o'ner 'ill hold the property on trust "or the adverse possessor
6
Li Chun Ho Alvin
:here 03 years* adverse possession are completed a"ter 0+
th
$cto#er 3CC+) then the
paper o'ner 'ill no longer #e statute #arred #ut must comply 'ith the ne' rules
under LRA 2002&
7
Li Chun Ho Alvin
"sher v' (hitlock )1+2,! 67 .132*
possession is good title against everyone but T')' or someone claiming prior possession'
8acts: :illiamson ;third party occupier< enclosed part o" the other*s land) takes possession o"
the T&$&*s land in 0DA3 and "urthers the possession in 0D@C ;possessory interest<&
:illiamson the possessor dies and leaves a li"e estate to his 'i"e ;Lucy< and then the
remainder to his daughter ;>&A&< in 0D?C& Lucy re-married and the possessory
interest passed on to the daughter& The daughter dies ;intestate<) then the 'i"e dies)
and the 'i"e*s ne' hus#and 'ho occupied the land a"ter his marriage in 0D?0 'ants to
claim the land and so does >&A&*s heir at la' ;Asher<& The heir launches a claim
against the ne' hus#and in 0D?@&
9ssue: 'ho has possession o" the landE The heir o" the ne' hus#andE I" the heir is "ound to
#e the "irst possessor) 'as the ne' hus#and in adverse possession long enough to
claim 0
st
possessionE De"& argued that he had possession all the time&
:ecision;Reasoning:
The court "inds that >&A&*s heirs in essence are the originalF0
st
possessors o" the land&
The divisi#leFun#roken interest 'as passed "rom "ather ->&A&- >&A&*s heirs& As "or the
!uestion 'as the ne' hus#and in adverse possession long enough to claim 0
st
possessionE The ans'er is no #Fc the ne' hus#and only had adverse possession "or
three years& Thus >&A&*s heir is the 0
st
possessor o" the land& <ote that the
ossessor# interest that =illia"son had /as assed to his /ife even before the
e0iration of the li"itations eriod
$ossessor# interest is relevant and relative. 1
st
ossession onl# against other 3
rd
art#.
Ratio:
A"ter expiration o" the limitation period) the adverse possessor o" the land #ecomes
the originalF0st possessor&
ossessory claim ;adverse< may #e passed #y testamentary disposition at any time)
even prior to the expiration o" the limitations period&
Tacking: un#roken chain o" possession) passed the title to the last possessor
Relative title in land:
0< Title holder
3< ossessor ;mere interest #ut deserve compensation even title holder has a #etter title<
3) +
rd
arty
4reate certaint# in ter"s of /ho is using )b# boundar# around the land* but also
uncertaint# )different bet/een the actual use and /hat the surve# sa#s*
8
Li Chun Ho Alvin
>0ress and i"lied ease"ents
Legal easements created #y implication or prescription&
9"lication
S.22 o" the La/ of $roert# Act 1&2,