Legal effects of Registration

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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

Registration is constitutive. The registration of a property right is evidence of that right and no further evidence other than the registered folio is required.

Compulsory vs. voluntary

Registration is only compulsory in certain circumstances;

 

–  Under Section 23 of the Registration of Title Act 1964 registration is compulsory in the case of freehold land, upon a conveyance on sale and in the case of a leasehold interest, on the grant or assignment on sale of such an interest.

–  Registration is compulsory where freehold land has been, or is deemed to have been, at any time, sold and conveyed to or vested in any person under any of the provisions of the Land Purchase Acts.

– Where freehold land has been, or is deemed to have been, at any time sold and conveyed to or vested in any person under any of the provisions of the Labourers Acts, 1883 to 1962 [usually Vesting Orders of cottage plots]

–  Where the land or leasehold interest is acquired, after the 1st January 1967 by a statutory authority.

–  Under Section 82(3) of the Housing Act, 1966, where a Housing Authority makes a Vesting Order under this section in relation to property acquired under the provisions of Section 81 of the 1966 Act it must be registered.

–  Land sold or leased under Section 90 of the Housing Act, 1966, if not already compulsory registrable is made compulsory registrable [Section 92(1)].

b) Effects to legitimize the owner

 

Legal presumptions. Registration as evidence of the right

 

Registration of the right is evidence of the right. Registered title is cover by a State guarantee of title.

 

Effects of registration and possession: adverse possession.

 

In the absence of fraud, mistake or disability, a right of action for the recovery of land is barred following adverse possession by another for the duration of the statutory period. The statutory period is 12 years in respect of a claim against an individual and 30 years in respect of a claim against the State.

 

At the expiration of the limitation period the title of the person out of possession of the land shall be extinguished and is not revived by a subsequent acknowledgement.

 

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

 

Section 120 of the Registration of Title Act 1964 provides for the compensation of any individual who has suffered a loss by reason of;

(a)  the rectification by the court of any such error in registration as may be rectified under subsection (1) of section 32 of the 1964 Act, or

(b) any error originating in the Land Registry (whether of misstatement, misdescription, omission or otherwise, and whether in a register or in a registry map) which occurs in registration and is not rectified under the said subsection (1), or

(c) any entry in or omission from a register or registry map caused or obtained by forgery or fraud, or

(d) any error in an official search carried out by a registering authority or any of his officers, or

(e) the inaccuracy of any office copy of or extract from a register or registry map, or of any office copy of or extract from any document or plan filed in the Land Registry.

 

B) External effects: effects to third parties

 

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

Registered rights have priority over unregistered rights

 

Positive effect. Indefeasibility principle. Bona fides effect. Requirements

 

Registered title is indefeasible.

 

The grantee must act in a bona fide manner e.g. if the purchaser of a property is on notice that a person other than the vendor is in actual possession/ occupation of the property the purchaser will not enjoy indefeasibility/

 

C) Different kinds of registration and its effects:

a) Class of title

 

(1)     Possessory title indicates that that the title of the registered owner is subject to all such rights, interests or equities affecting prior to first registration;

(2)     Qualified title indicates that the title is subject to the specific qualifications entered onto the register (extremely rare);

(3)     Good leasehold title indicates that the registration does not affect or prejudice the enforcement of any right affecting or in derogation of the title of the lessor to grant the lease.

b) Type of entry

Part A contains a description of the registered property or property right registered in the folio.

 

Part B contains an ownership entry. Part B also contains a note of the class of title. Also coutions and inhibitions, being restriction appear as entries in Part B.

Part C contains entries of charges, burdens and notices of burdens.

 

c) First registration limitations

 

There are rights that do not necessarily appear on the register but which affect the registered rights

 

Section 72 of the Registration of Title Act as amended sets out burdens that affect a property without registration. Examples are:

 

(a) estate duty, succession duty, former crown rents, tithe rentcharges and payments in lieu of tithe or tithe rentcharge;

(c) annuities or rentcharges for the repayment of advances made under the provisions of any of the Land Purchase Acts on account of purchase money;

(g) customary rights, franchises and liabilities arising from tenure;

(h) easements and profits à prendre, unless they are respectively created by express grant or reservation after the first registration of the land

(i) tenancies created for any term not exceeding twenty-one years or for any less estate or interest, in cases where there is an occupation under such tenancies;

(j) the rights of every person in actual occupation of the land or in receipt of the rents and profits thereof, save where, upon enquiry made of such person, the rights are not disclosed;

(k) in the case of land registered with a possessory, qualified or good leasehold title, all rights excepted from the effect of registration;

(p) rights acquired or in the course of being acqiuired under the Statute of Limitations 1957

 

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

 

The register contains physical/ legal data and is associated with mapping data.