Land Registration, Priorities and Land Charges
What this domain tests
This domain tests deed registration versus title registration, priority rules, and the effect of land charges, cautions and inhibitions.
Core rules
- Deed registration records instruments; title registration records the title itself, often with a state guarantee.
- Priority is generally determined by registration, not by the date of the instrument, under the applicable registration statute. A later purchaser who registers first may prevail unless fraud or notice is proved.
- Registrable land charges, cautions and inhibitions protect interests and affect dealings.
- Notice, actual or constructive, can bind a purchaser even if an interest is unregistered, depending on the statute.
Worked example
A sells land to B, who takes a deed but does not register. A then sells the same land to C, who searches, finds no registered interest, and registers first. Under a registration statute, C's registered interest may take priority, leaving B to sue A for breach of contract.
Traps
Assuming the first purchaser always wins. Treating registration as conclusive against fraud. Confusing registration of an instrument with registration of title. Ignoring cautions on the register.