TEACHING LAND REGISTRATION Amy Goymour (University of Cambridge) and Ben McFarlane (University College London)

Cambridge teaching system 40 LECTURES 10 SUPERVISIONS

UCL teaching system 20 x 2hr LECTURES 10 TUTORIALS

Land Law Course Structure (Cambridge) 40 LECTURES A fundamental course design dilemma Where in the order of topics should land registration best be positioned?

Land Law Course Structure (Cambridge) 40 LECTURES A fundamental course design dilemma Where in the order of topics should land registration best be positioned?

Land Law Course Structure (Cambridge) 40 LECTURES Introduction Adverse Possession Land Registration Trusts & Co-ownership Proprietary Estoppel Mortgages Easements & Freehold Covenants Leases and Licences

Land Law Course Structure (Cambridge) 40 LECTURES Introduction Adverse Possession Land Registration (x 8) Trusts & Co-ownership Proprietary Estoppel Mortgages Easements & Freehold Covenants Leases and Licences

Land Law Course Structure (Cambridge) 40 LECTURES 10 SUPERVISIONS Introduction Adverse Possession Land Registration (x 8) Land Registration (x 2) Trusts & Co-ownership Proprietary Estoppel Mortgages Easements & Freehold Covenants Leases and Licences

Land Law Course Structure (Cambridge) 40 LECTURES Introduction Adverse Possession Land Registration (x 8) Trusts & Co-ownership Proprietary Estoppel Mortgages Easements & Freehold Covenants Leases and Licences

Order of lectures on land registration (Cambridge) Building blocks of land registration The register Registration and creation/disposition of interests in land Registered proprietor’s powers, and ‘restrictions’ limiting those powers Priority disputes Conclusivity and alteration of the register

UCL: Property I Course Structure 20 x 2 hour LECTURES 1 & 2: Introduction: Property and Land 3 & 4: Legal Estates and Interests; Equitable Interests 5: Licences 6: Creation and Transfer of Rights in Land 7: Registration and its Effect 8: Priorities in Registered Land 9: Aspects of Priority Disputes – Consent and Overreaching 10: Assessing Land Registration 11 & 12: Co-ownership & Family Homes 13 & 14: Proprietary Estoppel 15: Mortgages 16: Leases 17 & 18: Easements & Freehold Covenants 19 & 20: Review and Exam Preparation

UCL: Property I Course Structure 20 x 2 hour LECTURES 1 & 2: Introduction: Property and Land 3 & 4: Legal Estates and Interests; Equitable Interests 5: Licences 6: Creation and Transfer of Rights in Land Land Registration (x 10 hrs) 7: Registration and its Effect 8: Priorities in Registered Land 9: Aspects of Priority Disputes – Consent and Overreaching 10: Assessing Land Registration 11 & 12: Co-ownership & Family Homes 13 & 14: Proprietary Estoppel 15: Mortgages 16: Leases 17 & 18: Easements & Freehold Covenants 19 & 20: Review and Exam Preparation

UCL: Property I Course Structure 20 x 2 hour LECTURES 10 TUTORIALS 1 & 2: Introduction: Property and Land 3 & 4: Legal Estates and Interests; Equitable Interests 5: Licences 6: Creation and Transfer 7: Registration and its Effect Land Registration (x 2) 8: Priorities in Registered Land 9: Aspects of Priority Disputes 10: Assessing Land Registration 11 & 12: Co-ownership & Homes 13 & 14: Proprietary Estoppel 15: Mortgages 16: Leases 17 & 18: Easements & Freehold Covenants 19 & 20: Review and Exam Prep

UCL: Order of lectures on land registration 6. Creation and Transfer Starts with s 52 LPA Detail of first registration not on syllabus Effect of failure to comply with formalities ss 58, 24, 23 LRA 7. Effect of Registration Effect of mistake and fraud: Walker v Burton, Swift 1st Restrictions on rectification Meaning of mistake: Baxter, Gold Harp, CP 227

UCL: Order of lectures on land registration 8. Priorities in Registered Land s 28 LRA; Timing question from eg Cann s 29 LRA: Cann, Southern Pacific Overriding interests under Sch 3 9. Aspects of Priorities Consent: Cann, Wishart Overreaching: Lambert, Sommer, Harpum

UCL: Order of lectures on land registration 10. Assessing Land Registration Title by Registration v Registration of Title Revolution v “conveyancing machinery”

8 Key Challenges Concerning Teaching Land Registration

8 Key Challenges Concerning Teaching Land Registration First registration? Content: which substantive topics should be covered? 1 Challenges

Order of lectures on land registration Building blocks of land registration The register Registration and creation/disposition of interests in land Registered proprietor’s powers, and ‘restrictions’ limiting those powers Priority disputes Conclusivity and alteration of the register

8 Key Challenges Concerning Teaching Land Registration Black letter law: how much detail is appropriate? First registration? 2 Content: which substantive topics should be covered? 1 Challenges

8 Key Challenges Concerning Teaching Land Registration Black letter law: how much detail is appropriate? First registration? How is it best to teach the black letter law? 3 2 Content: which substantive topics should be covered? 1 Challenges

Core conveyancing problem X A B

Two ways by which X may have a right binding on B X has a pre-existing property right which survives the disposition to B B’s conduct is such that X acquires a new, direct right against B

Two ways by which X may have a right binding on B STAGE 1 Does X have a pre-existing property right which survives the disposition to B? (a) Establish that X has a pre-existing property right (b) Establish that X’s right has not been overreached by the conveyance to B (c) Apply the LRA 2002 priorities rules (ss 28-29 and Sched 3) to assess whether X’s right binds B STAGE 2 Has B behaved in such a manner as to bring himself under a direct obligation towards X

LRA 2002 priorities rules Apply s 28 (‘Basic rule’ - first in time) Does the disposition from A to B trigger s 29? Does the disposition from A to B trigger s 29? No Yes The order of priorities is determined by s 28 (first in time rule) Is X’s interest ‘protected’? Yes No The priority of X’s interest is preserved X’s interest is ‘postponed’

8 Key Challenges Concerning Teaching Land Registration Black letter law: how much detail is appropriate? First registration? How is it best to teach the black letter law? 3 2 Content: which substantive topics should be covered? 1 How best to deal with conflicting views on statutory provisions? 4 Challenges

8 Key Challenges Concerning Teaching Land Registration Black letter law: how much detail is appropriate? First registration? How is it best to teach the black letter law? 3 2 Content: which substantive topics should be covered? 1 How best to deal with conflicting views on statutory provisions? 4 Challenges How much theory (and of what type) is appropriate? 5

Core conveyancing problem X Static security of title A B Dynamic security of title

8 Key Challenges Concerning Teaching Land Registration Black letter law: how much detail is appropriate? First registration? How is it best to teach the black letter law? 3 2 Content: which substantive topics should be covered? 1 How best to deal with conflicting views on statutory provisions? 4 Challenges How much theory (and of what type) is appropriate? 5 6 By what point of reference might the LRA system be evaluated?

8 Key Challenges Concerning Teaching Land Registration Black letter law: how much detail is appropriate? First registration? How is it best to teach the black letter law? 3 2 Content: which substantive topics should be covered? 1 How best to deal with conflicting views on statutory provisions? 4 Challenges How much theory (and of what type) is appropriate? 5 How can students’ interest be generated and maintained? 6 By what point of reference might the LRA system be evaluated? 7

Introducing a core dilemma to the students B

Introducing a core dilemma to the students B C

Walker v Burton

Walker v Burton No-one RP (couple)

8 Key Challenges Concerning Teaching Land Registration Black letter law: how much detail is appropriate? First registration? How is it best to teach the black letter law? 3 2 Content: which substantive topics should be covered? 1 How best to deal with conflicting views on statutory provisions? 4 Problem of no assumed knowledge of future interlinking topics Challenges 8 How much theory (and of what type) is appropriate? 5 How can students’ interest be generated and maintained? 6 By what point of reference might the LRA system be evaluated? 7