ABSTRACT
To remove the necessity for title To make conveyancing easier so deeds no searches or deeds are required
Insurance principle that the state guarantees the register is correct
Mirror principle that the register ‘mirrors‘ all the
facts about the property
Curtain principle that the register keeps some data
secret, eg where there are trusts
Principles
Aims
The registers
There are, in fact, three registers
THE REGISTERS
What the owner receives The owner receives a Land Certificate which replaces the title deeds and indicates which title the land has been given:
Best title absolute title good leasehold title
possessory title eg where there is adverse possession or the deeds have been lost
Worst title Qualified, where there is some defect in the titleC
The property register This describes the type and number
assigned to the property. It also includes a plan
The proprietorship register This gives the name and address of the estate and owner, nature of the estate and any property restrictions
on ownership
The charges register This shows all the encumbrances
on the land
The protection of interests
Minor interests are protected in four ways:
By notice but only if land certificate is produced. Includes: estate
contracts, options to purchase, equitable easements, occupation by spouse
By caution This is simply designed to
warn of any proposed dealings and used where the land certifi-
cate is not available
By inhibition This is used in
bankruptcy or an emergency
By restriction This prevents any dealings unless
a condition is met. it is used for settlements
Minor interests A purchaser will not be bound by a
minor interest which is not registered even if he knew of it before he
purchased: s 59(6) of the LRA 1925
Sections 20(1) and 59(6) of the LRA 1925 Section 20(1). Minor interests which are registered are protected; unregistered interests are void against a purchaser.
