Land Law - Registered Land Part 1

Registered land allows for certainty about pieces of land and also efficiency when it comes to transferring land between people. It is the most effective way of protecting rights in relation to a piece of land.
The basic rule from s. 28(1) of the Land Registration Act 2002 works on the basis of first come, first serve but this is based on the idea of e-conveyancing. Until that time the special priority rule focuses on what is actually on the register. This can include charges such as positive and restrictive covenants as well as financial charges like mortgages. It also includes notices in the register that is the main focus of the lecture.
Whether they are permanent or temporary, minor interests can generally be protected by the entrance of a notice on the register. The can include certain leases, contracts and even mortgages and charges that are equitable. This also covers the statutory rights of spouses and civil partners in the Family Law Act 1996.
Some things cannot go into the register such as short-term leases, beneficial interests under a trust of land and restrictive covenants between a lessor and lessee.
While anyone can apply to have a notice put in the register this does not necessarily make it valid. In fact while many non-controversial notices can be agree with the owner there are also unilateral notices that can be entered where there is a dispute although the owner can apply to have these removed.
Any minor interest not in the register that could have been registered is liable to be postponed upon a sale of the land. This can operate harshly but preserves the integrity of the register ensuring it reflects reality.
Where the registered land system is used to commit fraud the courts will step in. This is most common where a person is aware of an unregistered interest but acts so as to negate it such as in Buttigeig v Micallef (1998) and Loke Yew v Port Sweetenham Rubber Co. Ltd [1913]. If a purchaser's conscience has been touched either by positive affirmation or the surrounding context this may also establish a constructive trust; Ashburn Anstalt v Arnold [1989].

[@ogfordays7540]

Poor guy got a mosquito bite on his forehead and still delivered a banger video. Respect~

[@Kasz2001]

Thank you very much. Many will agree and appreciate the difference it makes when the accent, sight and sound is from a true blue speaker

[@ascentcommerce5487]

Thank you Marcus for this video. Your videos have helped me with my studies for year 1 subjects, and now thanks to your videos and Neyomi Cheng's land law crash course videos - will make my studies on land law a much more manageable.

[@marcuscleaver]

That's what I like to hear, land law is a tough one!

[@umaimaaltaf5500]

oMG this was much needed please do more on land law ASAP and company law too maybe 🙈🙈 you are a lifesaver ❤️

[@marcuscleaver]

Definitely land, company is more difficult!

[@irenejuliet3264]

Thank you Marcus, your videos helped me scope a 1st for EU law. I am back to these videos for Equity and land law. Please do more videos and please explain further on how we can answer both problem and essay questions

[@salmaxoxo__]

Videos on Easements and profits please! Great video as usual

[@isaacb468]

This is, as per usual, a brilliant resource. Thank You so much for the time and effort. If you'll have time and opportunity after covering unregistered land, some guidance on Adverse Possession and Easements would be so, so appreciated. COYS.

[@marcuscleaver]

Thanks Isaac, unregistered will follow registered and adverse possession is a good idea for another land subject to cover.

[@jherbertfiu30]

would love an adverse possession lecture

[@patrix_9928]

Listening to this to answer question 3 of land law. Keele represent

[@skendles]

thank you so much.

[@marcuscleaver]

You're welcome :)

[@wotusayin2552]

Hi Marcus, I was just wondering whether if you conclude there is a non-proprietary lease, are ss28 and 29 LRA 2002 relevant?

[@hermella8437]

You’re amazing!

[@shotakvantaliani1902]

Marcus please help me. Have been struggling on the following question for 6 hours now, although in vain. You are my last hope. A, B, C, D (minor) inherited a house. C served a severance notice on A an B and expressed that he wanted the house to be sold. While C was abroad, A and B transferred the house to X (for market value). Did X obtain a good title to the house? Suggested answer is NO, because all three legal joint tenants (A, B, C) must have signed the transfer. Only A and B's signing only accomplishes a severance of the beneficial joint tenancy. Beneficial owners would, therefore, be the new purchaser (A and B's share -1/2), C (1/4) and the minor (1/4). I cannot understand two things: 1) Why all legal joint tenants must have signed the transfer. Don't we have the overreaching? The transfer was made indeed by two trustees (A and B); 2) Why A and B (again 2 trustees) could not alienate the minor's share? The minor would retain his beneficial interest on the proceeds' money.

[@shotakvantaliani1902]

Never mind Marcus. I have found the answer. Thing is that if there are 3 trustees all of them must join the transaction. 2 trustees requirement has nothing to do with this. It is just a minimum number. I was thinking that 2 trustee can always be enough to overreach... but that's wrong.

[@baske5010]

hi marcus, thank for the wonderfull lecture in mortgage. please can do lease and co-owner topic.... it will be very helpful for my QLTS exam preparation.... thank you

[@silviyapetrova7953]

Hi can a LL restriction be removed with UN4 form application? Also is it possible to remove LL restriction without mutual consent ?

[@jalpari234]

Hay Marcus I'm searching for your adverse possession lecture ? Please upload one

[@kumbumungulube8309]

Thank you!!!!

[@crystallam150]

Can you do Law of evidence hearsay please

[@marcuscleaver]

Focusing on core LLB subjects rn

[@silviyapetrova7953]

How can I contact you please ❗️

[@watchingyou245]

The real reasons for Land being Obliged to be Registered are that a) the Stae wants to know who owns what so that b) at some future time they can tax them

[@worldwidedrumandbassshow8370]

I have been trying to get my deeds from the bank but they say it's all digital, And well sounds like we are screwed as the UK land registry doesn't have original doc's only copies, (hmm sounds like your own nothing and be happy) is it to late have we all lost?

[@kiranarshad7573]

ooga boogie

[@Daugi5613]

what happened to your forehead?

[@silviyapetrova7953]

Marcus I need your help ❗️I need to contact you please ❗️