header-logo header-logo

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

The mirror crack’d from side to side

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll