# Registered and unregistered land: title systems compared

> **Key takeaway:** Registered: LRA 2002 register + Sch.3 overrides; priority ss.29–30. Unregistered: deeds + Land Charges Act 1972 + notice doctrine residual. Occupation can override (Boland) but may be overreached (Flegg). Identify the system first.

- **Jurisdiction:** England & Wales
- **Practice area:** Property
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/Property/registered-and-unregistered-land
- **Keywords:** registered land, unregistered land, Land Registration Act 2002, overriding interests, land charges, Boland, Flegg, priority, actual occupation

## What is this about?

England and Wales run two title systems: registered land under the Land Registration Act 2002 (the dominant modern system) and residual unregistered land governed by title deeds and the old doctrine of notice, plus land charges registration for many burdens. Conveyancing risk analysis starts by identifying which system applies.

## What is the core rule?

Registered land: title is on the register; a disponee for valuable consideration generally takes free of interests not protected by registration or overriding status (LRA 2002 ss.29–30), subject to Schedule 3 overriding interests (including certain actual occupations). Unregistered land: legal estates pass by deed; equitable interests depend on notice/bona fide purchaser rules and, for many classes, registration as land charges under the Land Charges Act 1972 — failure to register a registrable land charge can render it void against a purchaser.

## What are the elements or test?

1. Is the title registered? Check HM Land Registry / official copies
2. If registered: what is on the register; any restrictions/notices; any Schedule 3 overriding interest (e.g. actual occupation)?
3. If unregistered: deduce title from epitome; search land charges against correct names/periods; investigate occupation
4. Priorities: registered dispositions vs minor interests; unregistered land charges vs doctrine of notice
5. First registration triggers and obligations when unregistered land is dealt with

## Which authorities matter?

- **Land Registration Act 2002, ss.28–30, Sch.3** — Basic priority rules for registered dispositions and categories of overriding interests.
- **Land Charges Act 1972** — Registration of land charges against estate owners' names in unregistered land; voidness consequences for non-registration.
- **Williams & Glyn's Bank Ltd v Boland [1981] AC 487** — Actual occupation can protect a beneficial interest as an overriding interest (now analysed under LRA 2002 Sch.3 para 2).
- **City of London Building Society v Flegg [1988] AC 54** — Overreaching can defeat occupation-based claims where capital money is paid to two trustees.

## How does this apply in practice?

Overreaching, actual occupation inspections, and restriction mechanics are the practical flashpoints on registered titles. Unregistered conveyancing is increasingly rare but still appears in older titles and some anomalies. Always read official copies dated for the transaction.

## What are common pitfalls?

- Applying pure doctrine-of-notice reasoning to a registered title priority fight
- Missing land charges searches against all relevant estate-owner names in unregistered title
- Ignoring actual occupation without inspection/enquiry (Boland risk)
- Forgetting overreaching where purchase money is paid correctly to two trustees (Flegg)

## When would a practitioner use this?

Core conveyancing diligence, lender security risk, and disputes over whether a buyer is bound by an off-register interest.

## Quick reference

Registered: LRA 2002 register + Sch.3 overrides; priority ss.29–30. Unregistered: deeds + Land Charges Act 1972 + notice doctrine residual. Occupation can override (Boland) but may be overreached (Flegg). Identify the system first.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*