header-logo header-logo

The mirror crack’d from side to side

26 May 2017 / Amy Proferes
Issue: 7747 / Categories: Features , Property
printer mail-detail
nlj_7747_proferes

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll