ABSTRACT
INTRODUCTION On 1 December 1990, all land in England and Wales became subject to compulsory first registration of title. In effect, this means that on the first conveyance of a title to an estate in unregistered land (or one of various other dealings with it: s 4 of the Land Registration Act (LRA) 2002), the title must be registered and thereafter, ceases to be governed by unregistered land rules. It is most unlikely, therefore, that a question in an examination will turn entirely on the conveyance of an unregistered title unless it is made clear that all of the relevant transactions are completed before 1990. It is much more likely that a question will focus on the transfer of an unregistered estate that triggers compulsory first registration of title under the 2002 Act. That does not mean, however, that the rules concerning unregistered land are no longer important. There are many situations in which questions concerning the enforceability of interests in unregistered land are relevant, especially as a vehicle for assessing a student’s understanding of other areas of law, such as the creation and enforceability of freehold covenants or easements.
