Land 6 - Enforcement of Interest un-reg. land Flashcards

1
Q

What is the consequence of failing to register unregistered title within 2 months following compulsory land registration?

A

Legal title will revert back to the seller

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2
Q

How are legal and equitable interests enforced against third parties for unregistered land?

A

Legal:
- pre and post 1926 interests bind the world
Equitable:
- pre-1926 = doctrine of notice;
- post-1926 = land charges (except equitable easements + restrictive covenants created pre-1926; and interests behind a trust in land that haven’t been overreached)

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3
Q

Which post-1926 interests do not need to be entered onto the land charges to be binding?

A
  • pre-1926 equitable easements
  • pre-1926 restrictive covenants ; and
  • interests behind a trust in land that haven’t been overreached
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4
Q

What is the format of a land charge entered?

A

Against the name of the landowner at the time the right is granted/created. If the name is wrong, protection fails

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5
Q

What happens if there is a failure to protect an interest against the correct name and a clear search made against the full name(s) as spelt in the title deeds?

A

Interest is unenforceable and therefore, not binding on new owner of burdened land

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6
Q

What is the effect of being Equities darling?

A

an equitable interest over land is binding on everyone except ‘equities darling’

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7
Q

What is ‘Equitys Darling’?

A
  • a bona fide (good faith) purchaser
  • for value of a
  • legal estate (freehold or leasehold)
  • without notice (active, constructive or imputed notice)
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8
Q

Equities darling ‘without notice’ - What are the three forms of notice?

A
  • actual
  • constructive
  • imputed
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9
Q

Equities darling ‘without notice’ - What is imputed notice?

A

Notice is received by buyer’s agent e.g. solicitor

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10
Q

Equities darling ‘without notice’ - What is constructive notice?

A

If a purchaser fails to pursue a line of enquiry which he ought reasonably to have been made

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11
Q

If an equitable interest (other than a trust if land which cannot be registered) is not registered, but a purchaser knew about it, will the interest bind in the purchaser for value

A

No
(but it would bind a donee)

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12
Q

When does the doctrine of notice apply to equitable interests?

A
  • equitable easements and restrictive covenants before 1926 (because required to be registered after this date so will always have notice)
  • interests that have not been overreached (because they are not registered).
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13
Q

Can the recipient of a gift be equity’s darling?

A

No

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