85667
Description
Mind Map by costafortune, updated more than 1 year ago
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Created by costafortune
almost 11 years ago
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Reg & Unreg Land
- Is it capable of being legal? S52 LPA
Legal estates bind the world
- Was a deed used to create or
transfer it? Unless less than 3 years
- Was it registered?
- If not, is it equitable?
- Are there consequences?
- Remember, legal interests bind automatically
- Questions 1 & 2 for each event
- Is it a first trigger event? s4 LRA .
Freehold transfer; More than 7 year
lease or 1st legal mortgage
- Must be registered within 2 months s6
LRA, if not registered, equitable only
- Only 2 ways to protect equitable rights:
NOTICE: S23 LRA 02
- Either agreed (with owners consent) or
unilateral (without consent)
- RESTRICTION: s41 LRA 02 - imposes limits on how
owner can dispose of property. If 2 or more registered
as proprietor, restriction automatically entered, means
there is a trust, could be overreached s27
- Either agreed (with owners consent) or
unilateral (without consent)
- Only 2 ways to protect equitable rights:
NOTICE: S23 LRA 02
- Must be registered within 2 months s6
LRA, if not registered, equitable only
- If anything from 1, 2 or 3 in issue... is it equitable?
- Must still be a valid written & signed
contract on which to base specific performance
- Could the interest be protected using
a land charge? S2 LCA 1972
- If so, and charge not used, will not bind a purchaser
- If so, and charge not used, will not bind a purchaser
- Could the interest be protected using
a land charge? S2 LCA 1972
- Must still be a valid written & signed
contract on which to base specific performance
- Equitable estates & Interests
- Unreg - Protected via land charge registered against the
name of the owner of the burdened estate at time of
creation. If protected binds new purchaser, if not, it doesn't.
- Reg - Protect using a notice or: Sch 3 sets out the
overrding interests so may be able to argue actual
occupation
- Unreg - Protected via land charge registered against the
name of the owner of the burdened estate at time of
creation. If protected binds new purchaser, if not, it doesn't.
- REGISTERED LAND - if not registered,
equitable only s27 LRA 02
- Overriding interests: Sch 1 LRA 02. Main one actual
occupation. HUNT v LUCK - equitable tenant in
occupation, purchaser didn't inspect, took subject to
equitable interest
- Comparison of protection with registered and unregistered land
- Unreg - if something could be protected by land charge but
isn't, it binds no-one MIDLAND BANK TRUST v GREEN
- Farmers son given land, fell out with dad, he
sold it to mum, not protected, no registration
- Farmers son given land, fell out with dad, he
sold it to mum, not protected, no registration
- Reg - Has benefit of overriding interests which
can be argued even if not protected with notice
- Unreg - if something could be protected by land charge but
isn't, it binds no-one MIDLAND BANK TRUST v GREEN
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