Ruoff & Roper: Registered Conveyancing

Providing comprehensive information and an essential source of answers and advice, Registered Conveyancing:Explains in full the registration of title to land systemCovers everything from first registration and upgrading of title to land through to rectification, indemnity and determination of disputesTakes you through both overriding interests on first registration and overriding interests affecting registered landDetails the changes to the legal principles underlying the land registration system, so that you are completely up to date with the latest developmentsGoes through the practical, procedural and formal requirements imposed by the Land Registration Act 22 and Land Registration Rules 23Enables you to apply the law with confidence, including the regime for claims based on adverse possessionGuides you through the process of searching and copying Land Registry recordsDeals with issues which have an impact on registered conveyancing, including company law, landlord and tenant law, matrimonial homes, public sector housing and planning lawReproduces relevant statutes, rules, forms and directives including the Land Registration Act 22, and amended RulesNew for 213Forthcoming releases will look at:Application of Cheshire Homes v Malory to the LRA 22.Groveholt Limited v Alan Hughes & anor [212] EWHC 3351 which confirms that although in certain circumstances a constructive trust may be imposed on a transferee of registered land so as to give effect to unprotected third party rights, the underlying premise of the land registration system requires that the circumstances in which this will be imposed be narrowly confined - the key question is not whether the transferee has knowledge of the third party rights, but whether he has undertaken a new obligation to give effect to those rights. Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 212 - the significance illegality of the possession by the squatter in relation to adverse possession of residential property has been increased as a result of the coming into force of s.144 on September 1, 212. It provides that a person commits an offence if (a) they are in a residential building as a trespasser having entered it as a trespasser; (b) they know or ought to know that they are a trespasser; and (c) they are living in the building or intend to live there for any perio).Swan Housing Association Ltd v Gill [212] EWHC 3129 (QB), which confirms a squatter is not prevented by the LRA 22, Sch.6, para.1(3)(a) from making an application in circumstances where he is a defendant in injunctive proceedings as opposed to possession proceedings. The High Court also held that the court has no general jurisdiction to determine an adverse possession claim in relation to registered land, other than for the purposes of s.98; instead, the claim must be dealt with by way of an application to the Land Registry under the statutory scheme set out in Sch.6 to the LRA 22.Fitzwilliam v Richall Holdings Services [213] EWHC 86 (Ch), which confirms that the controversial decision in Malory Enterprises v Cheshire Homes (UK) [22] applies to the LRA 22 as well as the LRA 1925; the defrauded proprietor therefore retained his beneficial interest in the property notwithstanding registration of the forged transfer in favour of an innocent third party.Updated versions of the Land Registration Rules, Fee Order, Proper Office Order and other relevant legislationUpdated copies of Practice Guides (on rolling basis, it’s hoped that all will be updated and included before end of next subscription period).Changes as a result of Health and Social Care Act 212.Changes to reflect the Legal Aid reform and the Land Registry’s new regime for the electronic filing of particulars of charges.CONTENTSGeneral principles

Historical introduction

Organisation of HMLR

General principles

The register

First registration and upgrading

Identification and extent of registered land

Classes of title

Registration and protection of legal estates and interests

Voluntary and compulsory registration of land

Applications for first registration

Effect of first registration: overriding interests

Cautions against first registration

Upgrading of title

Dealings and transmission

Dispositionary powers and their exercise

Implied covenants

Priority of dispositions

Completion of dispositions by registration

Registered dispositions; overriding interests

Applications for registration of dispositions

Electronic conveyancing

Transfer on sale of registered land

Registered building estates

Commonhold

Public sector housing

Transfers not for value

Leases of registered land

Leasehold enfranchisement

Charges of registered land

Dispositions by proprietors of registered charges and discharge

Legal rent charges

Searches

Inspection and copying of land registry records

Death of registered proprietor

Individual insolvency

Adverse possession

Statutory vestings

Easements and profits; prescription and abandonment

Trusts of land, charities and particular proprietors

Trusts of land and settled land

Charities

Companies

The crown and the duchies

Particular proprietors

Protected interests

Notices

Cautions against dealings

Restrictions

Matrimonial homes

Rectification, indemnity: determination of disputes

Alteration of the register

Indemnity

Objections and determination of disputes

Appendices

Land Registration Act 22

Land Registration Act 1925 (so far as needed for transitional provisions)

Land Registration Rules 23 and other general rules and orders

Fee Order

Land Registry Guidance and advisory material

Land Registry notices (Electronic services, etc.)

SUBSCRIPTION INFORMATIONUpdating releases are charged for individually when published. On receipt of your initial order for the looseleaf mainwork, we will register you for the updating services. When a new updating release is published, you will automatically receive the release along with the invoice. Please inform us, in writing, if at any time you wish to cancel the updating service. We will cancel the service and will not send you further releasesApproximately three updating releases published per annum.