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26 May 2017 / Amy Proferes
Issue: 7747 / Categories: Features , Property
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The mirror crack’d from side to side

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Amy Proferes considers overriding interests, overreaching, & the perils of the ‘registration gap’

  • Property practitioners should take Baker v Craggs as a timely warning of the perils of the registration gap where land is being sold by co-owners.
  • Until registration is complete, it must not be assumed that rights in the land conveyed are settled.

The Land Register is intended to provide certainty by reflecting all facts relevant to a parcel of land, from ownership to restrictive covenants to charges. However certain interests, sometimes called ‘the crack in the mirror of title’, are deemed to be important enough that they can ‘override’ a registered disposition even if they do not appear on the Register.

Under ss 29 and 30 of the Land Registration Act 2002 (LRA 2002), an unregistered interest must exist and be enforceable at the date of registration of the disposition (rather than the date of transfer) in order for it to take priority over a registered disposition of an estate or charge. This presents the worrying possibility that an interest could arise during the so-called ‘registration

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Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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