Trial·Breaker SQE1
SQE1 › FLK2 › Land Law › Unregistered land
SQE1 · FLK2 · Land Law

Unregistered land — SQE1 Land question

A worked single-best-answer question on unregistered land, with why each wrong option is wrong — the way SQE1 traps candidates.

Unregistered land

In 2001 Walter, the owner of a farm with unregistered title, granted his son Xander an option to buy the farm for £300,000. Xander did not register the option as a land charge. Walter later fell out with Xander and, to defeat the option, conveyed the farm to his wife Yvonne for £5,000, although it was worth far more. Yvonne knew all about the option. Xander now seeks to exercise it against Yvonne.

Can Xander enforce the option against Yvonne?

  1. AYes, because Yvonne had actual notice of the option and so was not a purchaser in good faith.
  2. BNo, because an unregistered estate contract is void against a purchaser of a legal estate for money or money's worth, regardless of her knowledge or motive.
  3. CYes, because Yvonne did not pay full market value for the farm.
  4. DYes, because the sale was a sham designed to defeat Xander.
  5. ENo, because options to purchase cannot be registered as land charges in unregistered land.
Show answer and reasoning
B is the best answer. An option to purchase is an estate contract, registrable as a Class C(iv) land charge. Under the Land Charges Act 1972, s 4(6), an unregistered estate contract is void against a purchaser for money or money's worth of a legal estate in the land. In Midland Bank Trust Co Ltd v Green the House of Lords held that a sale to a wife at a gross undervalue, with knowledge of the option and the aim of defeating it, still made her such a purchaser.

Rule: An unregistered Class C(iv) estate contract is void against a purchaser of a legal estate for money or money's worth, whatever her knowledge.

  • A Under the Land Charges Act 1972 notice and good faith are irrelevant to an unregistered registrable charge. (wrong rule)
  • C Any money or money's worth suffices; adequacy of consideration is irrelevant. (wrong rule)
  • D The House of Lords held that a genuine sale at an undervalue is still a purchase, whatever the motive. (right rule, wrong facts)
  • E An option is an estate contract registrable as a Class C(iv) land charge; that is why non-registration is fatal. (wrong rule)

Source: Land Charges Act 1972, ss 2(4), 4(6); Midland Bank Trust Co Ltd v Green [1981] AC 513

Practise more Land Law   All Land subtopics