Registration 553

is not at present possible to register transfers of such interests. The types of interest to which this power is likely to be applied include:

(1)a profit a` prendre in gross that has not been registered with its own title;

(2)a franchise that has not been registered with its own title;

(3)an equitable charge;

(4)the benefit of an option or right of pre-emption.

13.82.The extension of the system of title registration to interests that were protected by notice and not registered with their own titles was canvassed in the Consultative Document [but not recommended in the Report, and therefore not achieved in the Act].

Notes and Questions 15.2

1Compare the justifications given here for invalidating an interest for nonregistration with the arguments put in Extract 12.1 about the principles to be applied in applying sanctions for failure to comply with formalities rules. Does this sanction satisfy Peter Birks’ principle that ‘pain should not be inflicted except in case of pressing necessity’ (Extract 12.1 above)?

2To what extent could equitable doctrines such as estoppel come to the aid of a person whose interest is invalidated through non-registration? See Dixon, ‘The Reform of Property Law and the Land Registration Act 2002: A Risk Assessment’.

3If the invalidity sanction is to be extended to interests protected by notice, the intention appears to be that the initial protection by notice would still not guarantee the validity of the interest protected, nor have any priority effect, but that any subsequent dealing with the interest would be wholly ineffective (even as between the parties) if it was not recorded on the register that the dealing had taken place. Is this a satisfactory substitute for registration, as far as the interest holder is concerned?

15.3. Enforceability and priority of interests under the Land Registration Act 2002

It follows from what we said in the previous section that the basic enforceability and priority rules in registered land are as follows.

15.3.1. Registrable interests

Registrable interests do not become legal interests until the holder’s title is registered (section 27(1) of the 2002 Act). Once registered, the interest is enforceable against the whole world and takes priority from the date of registration.