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

2. Cambridge teaching system
40 LECTURES
10 SUPERVISIONS

3. UCL teaching system
20 x 2hr LECTURES
10 TUTORIALS

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

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

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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

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

17. 8 Key Challenges Concerning Teaching Land Registration

18. 8 Key Challenges Concerning Teaching Land Registration
First registration?
Content: which substantive topics should be covered? 1
Challenges

19. 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

20. 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

21. 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

22. Core conveyancing problemX A B

23. 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

24. 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 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

25. 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’

26. 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

27. 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

28. Core conveyancing problemX
Static security of title A B
Dynamic security of title

29. 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?

30. 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

31. Introducing a core dilemma to the studentsB

32. Introducing a core dilemma to the studentsB C

33. Walker v Burton

34. Walker v Burton
No-one
RP (couple)

35. 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