Law under registered and unregistered land

Property law is also called land law.

Proprietary Right is the first thing you want to perceive. It is the authority that is assigned to the land, not to the landlord. This authority is very important.

Proprietary Right, when it is attached to the land, is related to the events like property transfer, sale of the property, or a conveyance.

If the buyer purchases the property with reasonable reliance, the landlord’s authority will be transferred to the buyer without any issue.

Personal Right is the opposite of the Proprietary Right. It is established within its current owner or subsistent.

Land Law or we can say Proprietary Right surrounds property Law.

Proprietary law subsists either as estates (Proprietorship of Land) or interests (Authority enjoyed over others land), it could be either legal or equitable.

Legal estates can exist as freehold or leasehold. Legal Interests are easement, mortgages, Rights of Entry. They may be legal, but no in every situation. It all depends on the court’s decision.

The thing that doesn’t fall under these categories becomes equitable.

Land may have both a legal owner and an equitable owner, and such situations occur by way of a trust instrument.

Property law is considered of its before the 1925 law of Property Act and after the enactment of the 1925 Act so relating with the period before 1925, a Legal Instrument binds people if it is appropriately created and an Equitable Interest holds together everyone except people who don’t have Actual Notice, Constructive Notice, and Imputed Notice.

Statutes

For unregistered lands, there are two main Acts for it.

  1. Land Charges Act 1972 shortened as LCA 1975
  2. Law of Property Act 1925 shortened as LPA 1925

For registered lands, the Acts are

  1. Law of Property Act 1972 shortened as LPA 1925
  2. Land Registration Act 2002 shortened as LRA 2002

These are some important property acts tobe considered.

Unregistered Land

The title of the particular land will not be filed in the Land Registry. There is a contradistinction between legal and equitable rights which is significant.

Legislation prefers all the land to be filed. Unregistered land can cause lots of problem mainly while conveyancing of land which means trade or passing on of the land. It is always better to file the unregistered land.

When such land is being traded or passed on to someone else, the registration will automatically take place.

Rights affected unregistered land

The title or the proprietorship of the land is found in superannuated title documents when it comes to registered land, the title or proprietorship will be noticed in the land registry.

The other authorities which others can enjoy over the unregistered land, it is noticed in the land registry charges under LCA of 1972.

When filing a person’s interest within the land charges registry, it provides intimation to the entire world

Rules related to unregistered land

If there is a legal authority, there is no alternative, everyone is confined to it.

When it comes to equitable rights, it must be either filed in the Land Charges Registry or over reachable or overreached or there must be an existing doctrine of notice applicable.

There are some rights that cannot be registered under the land charges register that’s why equitable rights exist as over reachable right or a doctrine of notice. Those rights that cannot be filed within the Land Charges Register can be or may not be overreached.

Authorities that are not filed may be comprised in the cost price can be cancelled.

This is concerned only if the authority has a cost value which means it cannot be something that cannot be perceptible have contemplation for or some financial importance to.

This is controlled by Section 2 of the LPA 1925.

Overreaching

Overreaching is where it cannot be filed in the land charges registry and it is an equitable authority.

Overreaching occurs when

  1. It is proficient of being overreached as per Section2 of LPA 1925.
  2. It has to be done under an over-reachable circumstances as in court order or a trust

Only when both steps are done then only it is significant if it is not over-reachable then doctrine of notice will apply.

Land Charges Registration

The enrollment actually occurs against the name of the estate landlord not to the actual land.

This is the exact opposite of the proprietary rights.

Regulation of the enrollment

  1. Antiquity of the land within 15 years must be noted.
  2. There is a 15 day window for sale after the research is done and there are no allegations that are filed.

There are many types of registerable land charges also, they will affect the

Land, they are not over-reachable and they are equitable.

 

Registered Land

Its title duly filed in the land registry and doctrine of notice is a very significant.

The most concerned one is the Land Registration Act 2002 also known as LRA 2002.

Law of Property Act 1925 is a pivotal piece of legislation and act which is a part of land law.

The primary basis of filing land or to create more enrolled land is

  1. Alienability (There is no need to consider the route of title and it is easier to channel and we can pass on or trade it easier if a land is filed.)
  2. Certainty is the next basis, this must be qualified. There is an undeniable set of interests, which is not enrolled, it overrules the register.

Principles

There are two principles around the register. It is way of justifying the enrollment of a land.

  1. Mirror – both the enrollment and the land must be the alike which means if a potential client looks at the land charges registry and sees all the information that are well known . That is the current subsisting situation and the state of the land which someone wants to purchase
  2. Insurance- this also gives certainty towards the first purchaser comparing to unfiled land.

 

*NOTE* Both freehold or leasehold title landlords of a enrolled piece of land those owners are referred to as enrolled proprietors.

Land Registry

It is where all this information is stored. It is made up of three separate registers.

  1. Property Register

It tells about the property and all the legal authorities possessed over other’s property.

  1. Proprietorship Register

It holds information of the original landlord of the property being freehold these entire whole.

  1. Charges Register

This contains all the third party rights or interests possessed by the others over a particular property, it does not include for unregistered, overriding interests.

Classes of Proprietary Rights In Terms of Registered Land

  1. Registrable

There are two kinds under this which is either Absolute or Good Leasehold.

It is about a registrable unregistered land, it manages with current unregistered land that needs to be enrolled.

The unregistered land that is in a sale or going to be transferred falls under the category of registerable.

  1. Interest protected by enrollment

It is primarily by the Land Registry and the Charges Register.

  1. Unregistered Interest That Overrules

It overrules the enrollment which is not specifically shown in the land registry.

It is found in Schedule 01and Schedule 03 of the Land Registration Act of 2002.

A buyer is bound if he knew on inspection or got the information about it when making inquiries. It is similar to doctrine of notice.

 

Author : https://indiapincodes.net/

 

 

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