Registered and Unregistered Land

Introduction

Registration of title is the modern foundation of conveyancing in England and Wales. Today approximately **88% of the land mass** of England and Wales is registered, and virtually every transaction in land now triggers **compulsory first registration** of any remaining unregistered title. This chapter, governed throughout by the **Land Registration Act 2002 ('LRA 2002')**, sets out the **three principles** of registration (mirror, curtain, insurance), the **structure of the register**, the estates that can be substantively registered, **how interests are protected** (registrable dispositions, notices, restrictions), the **interests that override** registration, **adverse possession** under Schedule 6, and the **alteration and indemnity** regime.

Assessment focus

Registration of title is a **core SQE1 FLK2 topic**. You must understand the **three principles** of registration (mirror, curtain, insurance), the structure of the register, how interests are protected (**registrable dispositions, notices, restrictions**), and which interests **override** registration. **Adverse possession** in registered land (Schedule 6 LRA 2002) and the **alteration/indemnity** regime (Schedules 4 and 8) are also examinable. Scenario questions frequently test **whether a particular interest binds a purchaser** of registered land. SQE1 questions are single best answer questions set in realistic client scenarios — you must **apply** the priority rule and the overriding-interest analysis, not merely recall the statutory sections.

Study tips

1) Memorise the **three principles**: mirror, curtain, insurance — and remember the mirror principle is **imperfect** because overriding interests bind despite not appearing on the register. 2) Learn the **two-step register check**: (i) is the interest on the register? (ii) if not, is it an **overriding interest**? 3) Master the **priority rule (s.29 LRA 2002)**: a registered disposition for value takes effect subject only to protected entries and Schedule 3 overriding interests — the **doctrine of notice is abandoned** in registered land. 4) For **Schedule 3, paragraph 2** apply the three-step analysis (qualifying interest → actual occupation → exceptions) and remember **overreaching defeats** an overriding interest claim (**Flegg** [1988]). 5) Distinguish **notices** (protect third-party interests) from **restrictions** (control dealings, e.g. Form A → two-trustee rule). 6) Contrast **registered** adverse possession (10-year application + counter-notice + 2-year further period, Sch 6) with **unregistered** land (Limitation Act 1980 bars the claim after 12 years).