Key land vocab PDF

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land law vocab...

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TERM DEFINITION

The best class of title which can be awarded by Land Registry. Registration with absolute title means that the estate is vested in the proprietor subject Absolute title / only to interests which are the subject of an entry in the register, overriding Title Absolute interests, and interests acquired under the Limitation Act 1980 (in other words, interests acquired through adverse possession) of which the proprietor had notice. See also possessory title and qualified title.

Adverse possession

Unauthorised physical control and occupation of land belonging to another coupled with the intention to exclude others from the land, which over time may entitle the person in possession to claim title to an estate in the land.

A type of notice which is entered on the register in respect of an interest affecting a registered estate or charge. An agreed notice may only be Agreed notice entered if the applicant is the registered proprietor, the registered proprietor has consented to the entry, or the registrar is satisfied as to the validity of the applicant’s claim. See also unilateral notice.

Alienate / alienation

The disposal of or dealing with an interest in land. The term is most often used in relation to disposals of a leasehold estate. It can include a transfer of the interest as well as the grant of a derivative interest out of the interest such as a sub- lease or a charge.

Appurtenant

A right is appurtenant to an estate if the estate has the benefit of the right; the right is then often described as being annexed to the estate.

Benefit

A person has the benefit of a right if he or she is entitled to exercise the right and to enforce it. An estate in land is said to have the benefit of a right where its enjoyment or enforcement is dependent on being the current owner of that estate.

Burden

A person is subject to the burden of an interest if he or she is required to comply with the obligations that it creates. An estate in land is said to be subject to the burden of an interest where being the current owner of the estate carries the obligation to comply with and give effect to the interest.

Caution against A caution against first registration may be lodged by a person who is entitled first registration to an interest affecting an unregistered estate in land. The registrar must

give notice of a subsequent application for registration of the unregistered estate to the person who lodged the caution. This notice affords the person with the benefit of the interest affecting the estate an opportunity to submit that the interest should be protected on the register.

Chancel repair An owner of land subject to chancel repair liability is liable to pay for or liability contribute to repairs of the chancel of a church.

Chargee

A person with the benefit of a charge over a property. In registered land law a chargee is also known as a mortgagee as the pre-eminent form of legal mortgage in registered land is called a charge by way of legal mortgage.

An order of the court which imposes a charge upon the property of a debtor Charging order with the purpose of securing a debt owed as a result of a judgment or order of the court.

Chief Land Registrar /

The head of Land Registry, who is appointed by the Secretary of State to be both Chief Land Registrar and Chief Executive of Land Registry.

registrar

Copyhold

A historic form of tenure of land by which a person held land from the lord of a manor. Copyhold land was subject to customary incidents and certain rights which were vested in the lord of the manor. All copyhold land has now been converted to freehold through a process known as enfranchisement.

Customary rights

Rights of historic origin exercisable by inhabitants of a particular local area, such as the right to play sports on a piece of land or the right to hold an annual fair.

Day list

A record kept by Land Registry showing the date and time at which every pending application against a registered title is made, including applications for a priority search.

Demise

The grant of a leasehold estate. The term is also used to describe the area leased.

Possessory title

One of the classes of title with which a proprietor may be registered (see also absolute title and qualified title). Registration with possessory title has the same effect as registration with absolute title, except that it does not affect the enforcement of any estate, right or interest adverse to, or in

derogation of, the proprietor’s title subsisting at the time of registration.

Prescription / Prescriptive acquisition

Acquisition of rights by long use. For example, a right of way which has been acquired by virtue of usage of the way for the requisite period.

Grants a priority period within which an applicant can lodge an application for registration. Entries made in the register during the priority period are Priority search postponed to the disposition in respect of which the priority search has been made, provided the application for registration of that disposition is lodged within the priority period.

Profit 8 prendre

The right to remove the products of natural growth from the burdened land; a common example is a right to cut turf or take game or fish.

Proprietary estoppel

An equitable principle through which a person obtains a claim against an owner of an estate in land, which may lead to the creation of rights in the land in that person’s favour. Proprietory estoppel arises where the owner of land assures a person that he or she has or will acquire rights in the land and that person acts to his or her detriment in reliance on the assurance.

Qualified title

One of the classes of title with which a proprietor may be registered (see also absolute title and possessory title). Registration with qualified title has the same effect as registration with absolute title, except that it does not affect the enforcement of any estate, right or interest which appears from the register to be excepted from the effect of registration.

Registrable disposition

A disposition which is required to be completed by registration under section 27 of the Land Registration Act 2002. A registrable disposition does not operate at law until the relevant registration requirements are met. Registrable dispositions include transfers, the grant of a lease for a term of more than seven years and the grant of a legal charge.

Registrar See Chief Land Registrar.

Registration The period between completion of a disposition and its registration. It is made gap of up two distinct periods: first, the gap between completion of the disposition and the application for registration being submitted to Land Registry; and secondly, the gap between the time the application for registration of the disposition is submitted and the time the application is completed by Land

Registry.

Requisition

An enquiry raised by Land Registry of an applicant for registration. The requisition may require the applicant to provide information or additional documentation before the application can be completed. Failure to comply with a requisition within the time frame laid down to respond may result in the application being rejected.

Restriction

An entry in the register that regulates the circumstances in which a disposition of a registered estate or charge can be the subject of an entry on the register.

Restrictive covenant

A covenant – being a promise usually contained in a deed – that restricts the use that the owner of the burdened estate can make of its land. The covenant is enforceable by the owner of the benefiting estate.

Reversion

The name given to the estate out of which a lease has been granted, for the duration of the lease.

Torrens system

A system of title registration first implemented in South Australia by Sir Robert Torrens.

Tribunal

A judicial body that performs some of the same functions as courts in specialist areas. In this paper we use Tribunal as shorthand for the Land Registration Division of the First-tier Tribunal (Property Chamber). The Tribunal operates primarily to determine disputes arising out of applications made to Land Registry.

A legal relationship by which land is held in law by up to four persons (known as trustees) for the benefit of themselves or others (those with the benefit are Trust of land called beneficiaries). The trustees have powers of management and sale, while the beneficiaries have the right to enjoy the land, either through occupation or receipt of profits and the proceeds of sale.

A type of notice which is entered on the register in respect of an interest affecting a registered estate or charge. A unilateral notice may be entered without the Unilateral consent of the relevant proprietor. The applicant is not required to satisfy the notice registrar that his or her claim is valid and does not need to support the claim to the interest with any evidence. Contrast an agreed notice...