Land Law Checklist

Land Registration

 For each land law topic, you should be asking yourself what are the land registration requirements
that apply here.
 Remember the objectives of land registration and the LRA 2002 as you consider each topic in turn.
 The revised system of title registration introduced by the LRA 2002 aims to make the register a
complete and accurate reflection of the state of the title to a registered estate at any given time
(paragraph 1.5, Law Com 271); to make land/property marketable; to provide a mirror reflection of
the rights and interests in land; to protect, restrict adverse possession.

1. Fixtures and Fittings

If linked to acquisition – then think about what stage of the contract etc. – obligations to register on
‘transfer’ of registered disposition etc. s4, s27, s29

2. Acquisition of freehold property – registration requirements key part of the process. When to
register? What to register? s.4 (triggers), s.27 (Dispositions required to be registered), s.29
(priority) + what e-conveyancing will mean for transfer etc. (in the future?)

3. Adverse Possession – the LRA 2002 is key here as it introduced significant changes to the law on
AP. See s.96 and Sch. 6, (para 1 - 6) of the LRA 2002!!! Think critically about the reform introduced.

4. Leases – again land registration rules are key here. Think about the duration of the lease - is it a
short term lease, long lease, longer than 7 years?
If the lease is longer than 7 years it will need to be registered, s.4, s.27, s.29 LRA 2002
Some short term leases also have to be registered, if they are to take effect in 3 months’ time, for
example. See exceptions in s.4 LRA 2002
If less than 7 years, does not need to be registered but it may be an overriding interest. See Sch 1,
para 1 (first reg) and Sch 3, par 1 (registered dispositions) of the LRA 2002.
Some short term legal leases may be overriding interests.

5. Mortgages – a mortgage needs to be registered, as a charge on the register. See s.23, s.27. s.29.

6. Freehold Covenants – a covenant is a third party or subordinate right for the purposes of land
registration. It will need to be protected as a notice (A notice is an entry made on the register in
respect of the burden of an interest affecting a registered estate or charge.) s.32
Details of the restrictive covenant will appear in the Charges section of the register.

7. Easements. An easement is a right to do something over the land of another. Easements are an
important part of the enjoyment of land etc. An easement can be protected as a third party right on
the register. The express creation of a legal easement has to be registered see s.27 (1), s.27 (2)
(d). s.32 Equitable easements must be protected as a notice on the register.
However, note that implied legal easements (not express!) can be overriding interests. However,
there has been a real effort to limit their impact and priority. See Schedule 3, para 3 in particular.

8. Co-ownership. In co-ownership situations it is possible, and advisable to place a restriction (s.40)

on the register to seek to protect the beneficial rights and interests of co-owners.

9. Land registration as a topic in its own right. Objectives of the LRA 2002, the framework, principles,
key sections – s.4, s.27. s.29, overriding interests (Sch 1, Sch 3) *** See seminar discussion and
focus.