Legal effects of Registration

A) Internal effects: effects to the right itself and the entitlement

a) Registration and the process of transfer/acquisition of property rights

Constitutive vs. declarative

Constitutive

Compulsory vs. voluntary

Compulsory

b) Effects to legitimize the owner

Legal presumptions. Registration as evidence of the right

Yes

Effects of registration and possession: adverse possession

Yes, but subject to any pre-existing rights that are still capable of being asserted

Remedies and procedural actions derived from registration: actions derived from registration.

The proprietor will have all the powers of an owner, subject to any limitations reflected in the register or imposed under the Land Registration Act 2002.

B) External effects: effects to third parties

Negative effect: opposing effect of registered rights against non registered rights.

The registered estate may still be subject to unregistered overriding interests, and beneficial (trust) interests that the registered proprietor has notice of.

Positive effect. Indefeasibility principle. Bona fides effect. Requirements

The estate vests in the proprietor together with all interests subsisting for the benefit of the estate. A person’s right to exercise owner’s powers is deemed to be free from any limitation, except for limitations reflected by an entry in the register or imposed under the Land Registration Act 2002

C) Different kinds of registration and its effects:

a) Class of title

Absolute freehold, absolute leasehold, good leasehold, qualified freehold or leasehold, possessory freehold or leasehold

b) Type of entry

Charge – legal mortgage

Notice – in respect of a burden of an interest affecting a registered estate or mortgage. The notice does not mean that the interest is valid, but if it is valid its priority is protected.

Restriction – regulates the circumstances in which a disposition of a registered estate or mortgage may be the subject of an entry in the register.

Note – Land Registry of England and Wales sometimes adds a note to clarify an entry

c) First registration limitations

Limitations will be reflected in the class of title granted on first registration, and any other entries in the register. The title may also be subject to unregistered overriding interests.

d) Type of information: physical data/ legal data, associated data…

Register contains a description of the property by reference to a plan, which is also part of the register. It includes legal information and sometimes explanatory information. The register may refer to documents held by the registrar in connection with an entry. Anyone inspecting the title should inspect the document referred to in the register for full information about the entry.