Property Types

Introduction

Most land in England and Wales is now **registered**, but **unregistered title** remains a diminishing yet still examinable area of SQE1 FLK2. This chapter explains how ownership of unregistered land is proved by **title deeds**, how the **Land Charges Act 1972** regime protects third-party interests by registration against the **name of the estate owner**, the continuing role of the equitable **doctrine of notice** (the bona fide purchaser for value of the legal estate without notice — 'Equity's Darling'), **adverse possession** under the **Limitation Act 1980**, and **overreaching**. Throughout, contrast the unregistered system with the registered land regime under the LRA 2002.

Assessment focus

Unregistered land is a diminishing but still examinable area of SQE1 FLK2. You must understand the role of **title deeds**, the **Land Charges Act 1972** regime (including the classes of land charges and the consequences of non-registration), and the continuing role of the equitable **doctrine of notice**. **Adverse possession** in unregistered land under the **Limitation Act 1980** is also testable. Although most land in England and Wales is now registered, SQE scenarios may involve unregistered land or **compare the two systems**. The single most heavily tested point is the **consequence of non-registration**: an unregistered C(iv), D(ii) or D(iii) charge is **void against a purchaser for money or money's worth of a legal estate — even where the purchaser actually knew of the interest** (*Midland Bank Trust Co v Green* [1981]).

Study tips

1) Memorise the **four requirements of a good root of title** and the **15-year rule** (s.44 LPA 1925, as amended by s.23 LPA 1969). 2) Learn the **classes of land charge** that matter — B, C(i) puisne mortgage, C(iii), C(iv) estate contract, D(ii) restrictive covenant, D(iii) equitable easement, F home rights. 3) The land charges system is **name-based, mechanical and conclusive**: **knowledge is irrelevant** — non-registration is fatal (*Midland Bank v Green* [1981]). 4) The **doctrine of notice** applies **only** to equitable interests that are **not registrable** (principally beneficial interests under trusts) — master the **four elements** and the **three types of notice** (actual, constructive, imputed). 5) Distinguish adverse possession in unregistered land (**12 years, automatic extinguishment, no notice**: ss.15, 17 Limitation Act 1980) from registered land (**Sch 6 LRA 2002**). 6) **Overreaching** (payment to **two trustees**: ss.2, 27 LPA 1925) is a complete defence that makes notice irrelevant.